What Do LGBT Couples Need to Know About Power of Attorney?

LGBT couples need to be aware of the legal documents that can protect them in the event of a medical emergency.  Unlike heterosexual married couples, whose rights to visitation and to make medical decisions are unquestioned, LGBT couples – and unmarried heterosexual couples – are not afforded the same rights.  This is why it is essential for couples to understand the importance of power of attorney and living wills.

Many LGBT couples want the right to visit their loved one in the hospital, and want their loved one to have the right to make critical healthcare decisions.  The solution is a living will with healthcare power of attorney.

A living will is a document stating an individual’s wishes in the event of a medical emergency resulting in incapacitation.  A living will explains what procedures one does and does not want in an end-of-life medical situation.  It can contain directions concerning artificial resuscitation, pain medicine and life support procedures.

A healthcare power of attorney document is a way for an individual to appoint another to make those medical decisions.  It has the effect of giving LGBT couples the decision-making rights that are already afforded to heterosexual married couples.

Even gay and lesbian couples who are married in their state need to consider a living will with healthcare power of attorney.  Though a couple may live in a state that recognizes gay marriage, these documents may be of crucial importance when traveling out of state.

What documents are important for LGBT couples:

• A living will states a person’s wishes in the event of a life-threatening medical emergency

• A healthcare power of attorney assigns healthcare decision-making power to a particular person

For assistance with questions regarding our legal services, visit our website at http://www.littmankrooks.com/

How will the proposed amendments to the New York impartial hearing process affect my child with special needs when a concern arises?

The New York Board of Regents has proposed amendments to improve special education hearings, and currently the changes are open for public comment. These changes will be finalized at their April meeting and go into effect May 16, 2012. The amendments to the 200.1 and 200.5 Regulations of the Commissioner of Education look to improve the due process system and cost effectiveness of the hearings, and align the regulations with federal laws concerning the hearing timeline requirements and the Individuals with Disabilities Education Act (IDEA).

The Office of Special Education, which is part of the Department of Education, found that New York State “needs assistance” and failed to adjudicate hearings in a timely fashion. Only 84.25 percent were adjudicated per the requirements in a timely manner. The proposed amendments would address six procedural concerns to improve the impartial hearings:

1. Appointment and certification of impartial hearing officers (IHO)

IHOs would have their certification rescinded if they do not accept an appointment within a two-year time period unless good cause can be shown. IHOs would be prohibited to take an appointment if they were in a pending, due process complaint with the same school district, are an attorney or an attorney for the same school district, or provide special education advocacy.

2. Consolidate multiple due process requests for the same student

The amendment would create procedures to consolidate multiple hearing requests.

3. Prehearing conferences would be conducted on all due process requests starting July 1, 2012

This prehearing order would help to address procedural matters and define the factual issues that will be adjudicated at the hearing. This will help to expedite the hearing and render more efficient decisions.

4. Requests for withdrawals of due process hearings

This amendment would create procedures to withdraw a due process complaint and require notice to the IHO if done after the hearing begins.

5. Timeline extensions for an impartial hearing decision

IHOs could not extend decisions due to their own schedule conflicts, nor could they grant an extension after the date the record is closed. The amendment does allow one 30-day extension and requires the IHO to provide the facts for granting the extension.

6. Decision timelines

Decisions are to be made within 45 days. Efficient hearing decisions will help to uphold a child’s educational needs and well-being. This will also help cut down on costs to districts.

People who want to learn more about the amendments and how it could affect their child’s education should contact a New York special education advocate. The P-12 Education Committee is accepting public comments on these amendments through early spring. Littman Krooks’ special education attorneys help individuals obtain the education and special services they need and deserve. To learn more about our special education advocacy services  visit http://www.littmankrooks.com.

Free Educational Conference on Alzheimer’s to Be Held in New York City

The Alzheimer’s Foundation of America (AFA) will host an educational conference on Alzheimer’s disease on May 18, 2012, in New York City.  The conference is free and open to the public.

The event, entitled “Five Boroughs Concepts in Care Conference,” takes place throughout the day at the Crowne Plaza Hotel in Times Square.  The conference is care-focused, and will feature practical ways to meet daily challenges.  There will be separate presentations for people with Alzheimer’s or a related dementia, medical providers and family members.

The keynote luncheon speaker will be David Cassidy, the multiplatinum recording artist best known for his role on “The Partridge Family.”  Cassidy’s will share “A Son’s Story,” speaking about his mother’s struggle with Alzheimer’s disease since her diagnosis seven years ago.

Joy Bauer will also make a presentation at the conference.  The best-selling author and nutrition and health expert for the “Today” show will share her ideas on lifestyle choices that promote brain health.

Also on the agenda is Teepa Snow, a renowned expert in dementia care, and Max Rudansky, M.D., who is Huntington Hospital’s chief of neurology.

Alzheimer’s disease is the most common form of dementia, affecting up to 5.1 million Americans, including approximately 450,000 New Yorkers.  Alzheimer’s is a progressive brain disorder that results in loss of memory and impaired cognitive functioning.

The Alzheimer’s Foundation of America, based in New York, is a national nonprofit organization which brings together more than 1,600 member organizations to provide education and caring resources to people affected by Alzheimer’s disease.  To find out more about the conference, visit http://www.alzfdn.org.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com.

It’s Time to Protect Your Family and Your Future

Estate planning is a financial process that can protect you and your family, and is a very important component of your overall financial planning. April is National Financial Literacy Month to put your estate planning house in order. If you don’t have an up-to-date estate plan and you happen to get hurt or sick and cannot manage your financial affairs, the courts will have to appoint someone to manage them for you. The person they appoint might not be the one you would want to perform those tasks.

Without an estate plan when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of your financial affairs can turn into a costly and frustrating ordeal for your family and heirs.

The crafting of a good estate plan starts with planning, followed by the proper drafting and signing of appropriate legal documents such as wills, trusts, buy-sell agreements, durable powers of attorney for asset management, and an advanced health-care directive or health-care power of attorney. Having these documents in place saves you and your family a lot of money and time at a very difficult and emotional time.

Your estate planning should also address the coordination of the way you hold title to your various assets, your beneficiary selections, and the possible transfer of certain assets while you are alive.

Regardless of the extent of your net worth, estate planning is important for everyone. Complex strategies may be used by wealthy people to reduce death taxes and costs. Others may only require a simple will and/or trust to pass on property to their heirs and provide for minor children.

Even if a simple will is all you require, an estate plan is an essential part of your financial planning. Everybody will need it someday. The time to address or update your estate plan is now.

CHECKLIST — SIX STEPS TOWARD SUCCESSFUL ESTATE PLANNING

1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place?

Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24 or upon completion of college, and the balance at age 30.

Choose your appointees for important roles: Who will be your executor and, if applicable, trustee and/or guardians? It is advisable to list at least a first and second alternate for each appointment in case your first choice is unwilling or unable to serve.

If you have children who are minors, the appointment of a guardian is probably the most important decision you’ll make. With the court’s approval, this person, or persons, will raise your children. Consider appointing a family member and spouse, or another close couple who’ll care for your children the way you would want.

You may want to consider listing multiple executors, trustees and guardians to serve together in handling the details of your estate. This can provide a check-and-balance system for the appointees and help them avoid oversights or misappropriations. Consider appointing family members, friends, professionals, advisers and/or trust companies for this position.

There is some risk here: If these people disagree and have problems, they can each be represented in court by counsel paid for by your estate, so be very careful in making your selections.

Living trusts have become popular because less administration is required in comparison with a will. Be aware that having a living trust does not eliminate the need for a will and administration at either the first or second spouse’s death.

To get the benefits of the trust, certain details must be attended to, and this is the job of your appointees. For example, leaving a trust for the surviving spouse requires that the trust be funded properly and in a timely manner at the first death, or major tax benefits can be lost.

Is estate privacy an issue for you? Do you want your estate to be public record upon your death? Do you have any special gifts you want made to charity? Do you want an elderly parent or friend to be financially cared for? All of these circumstances should be noted in your plan.

2. GATHER & ORGANIZE YOUR DATA: There are three basic tasks to be accomplished:

• Review and update your financial position.

• Review how you hold title to your assets. Is it consistent with your estate plan?

• Review your beneficiary selections. Are they aligned with your estate plans?

Did you know that how you hold title to assets has a higher legal priority than your will? For example, if you and your best friend held title to an investment club account as joint tenants and you died, the property would revert to your friend even though you had willed your interest to your spouse.

3. ANALYZE YOUR SITUATION: Start by determining your current net worth, assuming your death occurred today. This can be done by totaling your current assets and liabilities, and adding the value of any life insurance.

Try sketching a picture or flow chart of your existing estate plan. Review your appointees:

• Executor

• Guardian of the Person/of the Property

• Trustee

• Power of Attorney – Property Management

• Advanced Health-Care Directive or Health-Care Power of Attorney

ESTATE PLANNING ALERT : On December 17, 2010, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (The 2010 Tax Relief Act) into law. Estate and gift tax laws have been reinstated along with many new temporary estate and gift tax provisions that will end on December 31, 2012 unless Congress extends or makes them permanent.

Estate Tax Exclusion & Top Rates:  Establishes an estate exclusion amount at $5 million and the top estate tax rate at 35%; indexes the $5 million exemption for inflation for decedents dying after 2011.

Portability:  Beginning for taxpayers dying after Dec. 31, 2010 the estate tax exclusion becomes “portable” between spouses. This means that the surviving spouse’s exemption is increased by any exemption not used at the first spouse’s death.

Check with your financial advisors for updated information.

4. DEVELOP YOUR STRATEGIES: With the assistance of your estate planning advisor(s), identify the legal documents that need drafting or make any necessary adjustments to existing documents. Determine any other actions that must be taken for your wishes to be carried out.

5. IMPLEMENT YOUR PLAN: Do what needs to be done — i.e., create new wills, trusts and powers of attorney, adjust title to your properties, change alternate beneficiaries of retirement plans and life insurance policies to trusts.

6. TRACK & MONITOR YOUR PROGRESS: Check your estate plan annually or any time there are changes in your family situation or net worth. Use your financial planning calendar to schedule your next review.

These materials are provided as a public service by The NAEPC Education Foundation for “free-use” on websites, newspapers, newsletters, magazines, and other media broadcasts during the months of April and October as it relates to National Financial Literacy Month and National Estate Planning Awareness Week. For additional information or materials contact us at The NAEPC Education Foundation.

To assist with your estate planning, follow this link  at www.estateplanninganswers.org/protect-your-family-and-your-future/ to get a complimentary copy of the Your financial PARTNER “Estate Planning Location Sheet,” in Excel worksheet format. For more information on estate and financial planning visit www.estateplanninganswers.org/category/financial-planning/personal-financial-management-system/ or visit our website at www.littmankrooks.com.

What Should I Know About Autism Awareness Month

April is Autism Awareness Month, a time to raise public consciousness about autism and autism spectrum disorders.  You should be aware of what is happening this month to raise awareness, and new facts that have just been reported about autism diagnoses.

One of the most prominent signs you may see – or wear yourself – indicating the significance of this month is the Puzzle Ribbon, produced by the nonprofit Autism Society.  This ribbon featuring multi-colored puzzle pieces is an internationally-recognized symbol of autism awareness.  Wear it with pride and thank others when you see them wearing it.

If you noticed an iconic building in your city illuminated in blue on Monday evening and wondered why, it was in honor of World Autism Awareness Day, sanctioned by the United Nations and initiated by the nonprofit organization Autism Speaks.  From the Empire State Building to Brazil’s Christ the Redeemer Statue, from Tokyo Tower to Graceland in Memphis, a blue light of awareness shown on close to 3,000 structures in more than 600 cities throughout the world.

A recent report by the Centers for Disease Control reveals a sharp increase in the rate of autism diagnoses. In the United States today, one in every 88 children is diagnosed with autism or an autism-related disorder.  While the diagnosis rate has been rising for years, the recent numbers represent a large increase: since 2006, there has been a 23% increase, and since 2002, a 78% increase.  One difficult question is whether this increase in diagnoses actually represents an increase in autism.  Public health officials say that the increase may be partly accounted for by more successful efforts to diagnose autism in younger and minority children.

What autism events and facts do I need to be aware of:

• The Puzzle Ribbon is a recognized symbol of autism awareness that benefits the Autism Society
• April 2 was World Autism Awareness Day, initiated by Autism Speaks and marked with their Light It Up Blue campaign
• Autism diagnoses have risen sharply: now one in every 88 children in the U.S. is diagnosed with autism or an autism-related disorder

For assistance with questions regarding your child’s special needs visit our website at

http://www.specialneedsnewyork.com/.

How Can I Get Involved in Developmental Disabilities Awareness Month in March

Nationwide, approximately 4.6 million Americans live with developmental disabilities. As the nation’s deficit must be brought under control, budget cuts could hamper essential services for individuals with special needs. March is a time to reflect and participate in Developmental Disabilities Awareness month. President Obama recently announced his revenue and spending plan that will begin on October 1 of this year. Some of the bright spots include increasing the funding for the Early Intervention Part C program for the Individuals with Disabilities Education Act. But other programs such as the Supportive Housing for People with Disabilities were cut by 10 percent. The President’s budget is just a start for the yearly budget and we could see other budgets and bills from Congress.

It is important to remember that many people with special needs depend on public services to function to their highest potential. Government services provide access to necessary housing, medical, financial, and educational resources that they depend on. The Arc, a leading advocate for people with developmental and intellectual disabilities, has a campaign to show our leaders to “Don’t Cut Our Lifeline”. Protecting Medicaid, in particular, is essential for people with special needs who do not have an employer or private health care coverage to meet their daily living needs. Medicaid provides critical services for acute care, therapy, long term care, and assistive supports. Part of the “Don’t Cut Our Lifeline” campaign is to show that home and community services can be a better option for people with special needs rather than more expensive institutional services. The health and safety of individuals with special needs should be carefully protected and creative solutions to raising revenue can help ensure drastic cuts do not harm their access to services and benefits.

What can you do to advocate for individuals with special needs:

• Get active in March to spread the word about Developmental Disabilities Awareness Month

• Contact local, state, and federal legislators to “Don’t Cut Our Lifeline”

• Get involved to protect Medicaid services for people with special needs

• Speak with an experienced special needs planning attorney to get access and maintain essential services for your loved one with special needs

Individuals with special needs and their families can work with a qualified special needs attorney to ensure their access to benefits and services are maintained. An experienced special needs attorney can also assist with special education advocacy, asset preservation, estate planning, and trusts. To learn more about New York special needs planning, visit http://www.littmankrooks.com or http://www.specialneedsnewyork.com.

How Will the New Education Accountability Standards Affect My Child in New Jersey

Ten states have been granted waivers to implement their own accountability systems rather than follow all of the No Child Left Behind (NCLB) Act’s requirements. The NCLB mandates that schools educate children to be proficient in reading and math by 2014 or face tough sanctions. The states that recently had their waivers approved include New Jersey, Massachusetts, Indiana, Minnesota, Kentucky, Florida, Georgia, Tennessee, Oklahoma, and Colorado. Other states are also working on their waivers.

The Obama Administration and the Department of Education will review a state’s application and grant a waiver if the state’s standards are higher than the NCLB mandates and can be realistically implemented. A state’s plan must still prepare students for higher education, careers, and increase achievement for low performing schools. Teacher and school administration evaluations are still critical to these plans being approved.

In New Jersey, the state’s Department of Education will launch the new accountability plan this coming September. Schools will be measured on absolute achievement of the new plan’s goals and growth. State funds will be focused on improving failing schools and those that have big achievement gaps. Students will also have greater school choice in under-performing districts. High achieving teachers will be rewarded and teachers who need help to increase their student’s results will get support.

The state’s DOE will revise its school Report Cards and publish them for public review. This will help parents and state officials identify the performance levels at a child’s school. All these efforts will emphasize effective lesson planning and teaching strategies for the student body, including students with special needs and English as a second language students.

Overview of new education accountability standards in New Jersey:

• New accountability plan coming in September 2012
• New Jersey schools to be graded on absolute achievement of the new plan’s goals and growth
• State funds will improve failing schools and those with big achievement gaps
• Students have more school choice in under-performing districts
• High achieving teachers rewarded and those that need help to increase their student’s results will get support
• Plans cover general student body, students with special needs, and ESL students
• Concerned parents should contact a New Jersey special education advocate to discuss how the new plan can affect their child with special needs to ensure child’s IEP plan and supports are in place for the next school year

Parents who want to learn more about these changes and how it will affect their child should contact a special education advocate. To learn more about New York special education advocacy, visit http://www.specialneedsnewyork.com/ or http:www.littmankrooks.com/

Writing Workshops Offered To U.S. Veterans

Medicaid Offers Home Attendant Services For Eligible Individuals

New Yorkers who have Medicaid and need home attendant services can have this type of care covered. Approval is granted when financial and medical criteria are met, and an individual submits an M11q form that his or her doctor has thoroughly completed. These services can offer substantial savings for an individual and their family, and helps to provide for daily care.

Personal care services, which are also called home attendant services, can greatly assist individuals affected by physical or mental impairments. Individuals who have excess resources or income can get the skilled advice of a New York Medicaid planning lawyer to access benefits and preserve assets. Once home care is authorized, an attendant can assist from 12 hours a week to around-the-clock care.

It is also important for people who have been denied benefits to have their case reviewed. An experienced Medicaid planning attorney can uphold an individual’s rights and ensure that the medical and financial information is complete when a hearing is needed to seek benefits the second time around. Hearings can also be expedited in certain circumstances.

Littman Krooks LLP counsels individuals and families on how to access Medicaid benefits and plan for comprehensive care and estate matters. Our New York City, White Plains and Fishkill Medicaid planning attorneys are well versed in state regulations, benefits, and asset protection. To learn more, visit http://www.littmankrooks.com/elder-law-medicaid-planning/.

Pooled Special Needs Trust Can Provide Peace of Mind for Donors and Beneficiaries

When creating and administering a special needs trust, it can be hard to find a suitable trustee that is skilled in investments and the ongoing administration of the trust. A pooled special needs trust, also known as a (d)(4)(C) SNT, is established and operated by a nonprofit association that typically has record for how it administers assets for individuals with disabilities.

The pooled special needs trust maintains a separate account for each beneficiary of the trust. A beneficiary’s parent, grandparent, guardian, or individual with the disability must first set up the account. An initial enrollment fee and annual maintenance fee vary depending on the trust provider. The pooled trust achieves the same objectives as an individual special needs trust – to maintain the beneficiary’s government benefits such as Supplemental Security Income or Medicaid while using the trust monies to supplement government benefits.

A pooled SNT also allows the trust to be created with any amount of money, whereas professional trustees will only accept an individual special needs trust when the account begins with $500,000, for example. A pooled SNT account can be funded through a will, life insurance policy, and third party as well.

When the beneficiary passes away, the remainder of the account balance can be subject to retention guidelines. This can mean the remainder goes to the charity, to the state Medicaid agency, or some combination of the two. When donors want the remainder to go to family members, they must establish a companion SNT beforehand to leave the trust balance to family members and avoid the requirements.

As SNTs are complex and the best option for each individual with disabilities varies, it is advised to consult an experienced asset protection and special needs planning attorney. Littman Krooks LLP counsels individuals and families on SNT issues, government benefits and services, and asset protection. To learn more about New York asset protection or New York special needs planning, visit http://www.littmankrooks.com.