Supplemental Security Income, or SSI, provides monthly payments for children with disabilities who are under 18 who meet the government’s definition of disability, and who have little or no income and resources.  The amount of SSI that the child will receive varies by state.  To qualify, the household’s total income and resources must be below a certain amount, and the child cannot earn more than a certain dollar amount each month.

Social Security Disability Insurance, also known as SSDI, provides benefits to disabled or blind persons who are “insured” by workers contributions to the Social Security trust fund. These contributions are based on the individual’s earnings or the earnings of the spouse or parent according to the Federal Insurance Contributions Act (FICA). Title II of the Social Security Act authorizes SSDI benefits. Dependents of those insured under SSDI may also be eligible for these benefits.

Medicaid can provide access to health care to children with disabilities. Some states will approve a child for Medicaid if he or she is already receiving SSI. Other states require a separate application process. However, SSI is not a prerequisite for Medicaid.

Families with slightly higher incomes may qualify for State Children’s Health Insurance Program (S-CHIP), which covers a wide variety of health care needs. S-CHIP is a good alternative for families who do not meet the requirements for Medicaid, but who cannot afford to pay for private insurance.

There may be other financial and health care assistance options available depending on your state. If you are a parent who would like more information about financial and health care options, contact an experienced special needs planning attorney.

To learn more about New York
elder law, New York estate
planning, or New York
Special Needs visit http://www.littmankrooks.com

Although there is a relationship between the two statutes, they have different objectives. Section 504 is intended to eliminate barriers that exclude persons with disabilities or, in other words, to create a level playing field. This federal law is designed to protect the rights of individuals with disabilities in programs and activities that receive federal funds from the U.S. Department of Education. Section 504, in part, reads: “No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination.”

Section 504 is meant to eliminate hurdles, whereas IDEA is meant to give children with special needs the services they require to succeed in school. Some describe its motives as being similar to affirmative action. It goes beyond granting equal access to students with disabilities by also providing additional special education services and procedural safeguards.

IDEA entitles a child suspected of having a disability to a comprehensive evaluation by a multi-disciplinary team provided at no cost to parents. If the child is determined to need special education and related services, an Individual Education Plan (IEP) will be implemented, based on the specific needs of the child as decided by the team, including parents.

If you are a parent who suspects that your child is not being treated in accordance with Section 504 and/or IDEA, contact an attorney with experience in special needs issues.

To learn more about New York special education advocacy, New York special needs planning, or New York estate planning, visit http://www.littmankrooks.com.

On July 26, President Barack Obama signed an executive order entitled “Increasing Federal Employment of Individuals with Disabilities.” The order directs the Office of Personnel Management to develop hiring and retention strategies aimed at increasing federal employment of individuals with disabilities. Specifically, the order identifies the objective of hiring 100,000 persons with disabilities over the next five years.

The executive order states that the “Federal Government has an important interest in reducing discrimination against Americans living with a disability.” Currently, individuals with disabilities are underrepresented in the federal work force, constituting only five percent of all federal employees. In addition to increasing employment, the order states the goal of eliminating stigmas associated with disability. In addition to focusing on new hiring, the order requires federal agencies to boost efforts to accommodate workers who have suffered an on-the-job injury. It also encourages the expansion of programs aimed at bringing injured workers back into the federal workforce.

To learn more about New York elder law, New York estate planning, or New York Special Needs visit http://www.littmankrooks.com.

1.      Know ADHD laws. Children who have special needs, including ADHD, are entitled to an education that is appropriate for their particular needs. Under Section 504 of the Rehabilitation Act of 1973, as well as the Individuals with Disabilities Education Act of 2004, your child may be entitled to additional services at school. Be sure to familiarize yourself with these laws and regulations, and understand what they do and do not protect.

2.      Constantly monitor your child’s academic performance. Remain in close contact with school officials and teachers. Make sure that your child sits in close proximity to his instructor and is shielded from potential distractions.

3.      Request that your child and teacher meet one-on-one on a regular basis. It is a good idea for your child’s instructor to look for, and reward, positive behavior.

4.      At-home tutoring. It may be prudent to consider one-on-one tutoring for your child outside of regular school hours to complement in-school instruction.

5.      Get a copy of your child’s curriculum. Follow the assignment schedule and pay attention to whether your child is keeping up with his coursework.

Parents can give their child with special needs the best chance of receiving the help and education he needs by becoming engaged in their child’s learning experience. If you suspect your child’s needs are not being properly accommodated at school, contact an attorney who is experienced in special needs and education issues.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York.

To learn more, visit Littmankrooks.com.

Education is one of the most important things in a child’s life, so it pays to be prepared. What specifically should parents do to prepare?

-Familiarize yourself with the parents’ rights handbook that is provided by the school. Understand the protections under federal law available to you and your child.

-Look over your child’s school records ahead of time. Take note of how he is doing and where his strengths and weaknesses lie.

-Visit the classroom setting if possible.

-Talk with disability associations and other parents for more information and tips.

-Speak with your child ahead of time to learn about any special challenges or concerns.

-Write down any questions you have for school officials so you don’t forget during the give and take of the meeting.

-Review the previous IEP. What is working? What is not? Are there new goals that need to be set or adjusted for the upcoming year?

-If you have concerns, gather evidence to support them. Explain why you want changes.

-Have a positive attitude. An IEP meeting is part of a collaborative process between parents and the school district. Try to work with school officials as much as possible.

-Most of all, organize your thoughts and related documents. Make sure you are prepared when the day of the meeting arrives.

To learn more about New York elder law, New York estate planning, or New York Special Needs visit http://www.littmankrooks.com.

With the daily demands of caring for your child, you may sometimes forget about his later years when you are no longer around. But it’s imperative to think about how he will be cared for in the future.

One of the most important steps is to make sure your life insurance will offer your child the maximum benefits. But what about the beneficiary? Who should it be?

Many people name a sibling the beneficiary of the special needs insurance policy, but that can cause a problem if the sibling predeceases the child with special needs or is not willing or able to take on the role of a caregiver. It is also unwise to make the child with special needs the beneficiary because that can disqualify him for government assistance.

The best approach is to create a trust, and name the trust as the beneficiary of the life insurance policy. Upon your death, the trustee will administer the trust according to its terms and provide benefits to your child with special needs without making him ineligible for government assistance.

To discuss your particular scenario and to learn more about trusts, it is wise to contact an experienced attorney.

To learn more about New York
elder law, New York estate
planning, or New York
Special Needs visit www.littmankrooks.com.

• A free appropriate public education from ages 3 through 21
• Education provided as close to home as possible, with children who do not have disabilities
• Additional educational services, such as speech therapy, occupational therapy, or a classroom aide, which are designed to meet the child’s unique needs and prepare him for employment and independent living
• An assessment to determine the child’s needs

The law provides two guarantees for children with special needs. The child is entitled to an Individualized Education Plan (IEP), which is a written statement of the child’s abilities and impairments. This important document is drafted by a team that includes the parents, school district officials, and educational professionals who have evaluated the child; the IEP must be reviewed annually.  Parents have rights and responsibilities in relation to their child’s IEP. The law also guarantees due process, which provides a mechanism for resolving any disagreements regarding a child’s IEP.

A special needs planning attorney can also serve as an advocate for you and your child as he pursues an education.

To learn more about New York elder law, New York estate planning, or New York Special Needs visit http://www.littmankrooks.com.

Ms. Arkontaky will speak about “Lifetime Planning for People with Disabilities” from 2:15 p.m. to 3:00 p.m. Parents of children with disabilities often admit that their greatest fear is what will happen to their child once they are gone, and providing for financial security is a major step towards ensuring quality of life for a loved one with special needs. This involves understanding the relationship between personal assets and eligibility for government benefits, which often play a critically important role. Monetary gifts from well-meaning friends and relatives may actually do harm to a person’s overall financial status if not carefully planned.

Ms. Arkontaky’s practice focuses exclusively on special needs planning, special education advocacy, and guardianship for families of children with disabilities. She has a child with special needs and was a service coordinator for Family Connection – an agency providing case management for families of children with disabilities – prior to attending law school. Her personal and professional experiences enable her to bring added insight to the work she does on behalf of others.

Harriet P. Schleifer, Esq., will speak regarding “Teens, Young Adults and Epilepsy: Transition Planning” from 2:15 p.m. to 3:00 p.m. Transitioning into adulthood is challenging enough for most young people. Students with disabilities may require additional support to successfully transition from high school to the next phase of their lives. What must schools do to help students prepare for adulthood?

Ms. Schleifer has over 20 years of experience in special education advocacy and is the mother of a young man with disabilities. She is also an authority on disciplinary issues relating to both typically developing children and students with special needs.

Littman Krooks LLP, which celebrates its 20th anniversary this year, offers legal services in several areas of law, including special needs planning, special education advocacy, elder law, estate planning, veterans’ benefits, and corporate and securities. The firm’s offices are located at 655 Third Avenue, New York, New York; 399 Knollwood Road, White Plains, New York; and 300 Westage Business Center Drive, Suite 400, Fishkill, New York. For more information about Littman Krooks LLP, visit www.littmankrooks.com.

Your letter of intent should be updated annually, so that it always contains the most accurate information. The needs of your child are sure to change over time. Once your letter of intent has been completed, a copy should be kept with your attorney or in a clearly marked, safe place at home. Although a letter of intent is not a legal document, a special needs attorney can guide you through the process of creating this important document.

To learn more about New York elder law, New York estate planning, or New York Special Needs visit http://www.littmankrooks.com.

• Are there any social activities that are important to your child that you would want continued after your death? You may, for instance, wish to provide funds for your child to take annual vacations to see relatives or to attend sporting events.
• Does your child like to go out to dinner with friends or to the movies?
• Are there any specialty items, such as computers, DVDs, or video games that improve your child’s quality of life?

After you have considered all of the things you want your child to continue to enjoy, you need to determine how much this is going to cost. To calculate how much is needed in order to properly fund the trust, you may want to keep track of everything you spend on your child over the course of one month. After you have calculated these expenses, you may wish to add periodic expenses that might come up quarterly or annually. These quality of life considerations could make the difference between providing your child with a basic existence and a lifestyle closer to that which you would have sought to provide yourself.

To learn more about New York elder law, New York estate planning, or New York
Special Needs visit http://www.littmankrooks.com.

This repeal has the potential to affect the estate plans of millions of Americans, as wills and trusts that were once properly prepared may no longer provide protection for spouses or other beneficiaries upon the death of a family member. The lawyers at Littman Krooks LLP have carefully studied the potential impact of the repeal of the Federal Estate Tax and encourage attendance for those who want to ensure that their estate plan is not obsolete.

The seminar will be offered in two sessions on Wednesday May 12, 2010, at the Duchess County Regional Chamber of Commerce in Poughkeepsie, NY. Registration for the morning session begins at 9:30 a.m. in Room 400. The morning session will be held from 10:00 a.m. to 11:00 a.m. Registration for the afternoon session begins at 3:30 in Room 400. The afternoon session will be held from 4:00 p.m. to 5:00 p.m.

For families whose loved ones die in 2010, the repercussions of the Federal Estate Tax repeal could only add to their grief at the passing of their loved one. The seminar will cover the challenges facing estate planning in 2010 and the consequences of this unusual appeal. This appeal has created unprecedented uncertainty in the world of estate planning, and the lawyers at Littman Krooks LLP wish to offer their guidance in these uncertain times.

Attendance to this event is limited, so those interested in attending must reserve a place by phoning Melissa Hayn at 845-896-1106 or emailing mhayn@littmankrooks.com.

For more information on the firm, visit www.littmankrooks.com. Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, veterans’ benefits, special needs planning, special education advocacy, and corporate and securities.

Parents’ intentions regarding gifts to children should be made clear in their estate planning documents. A document could state, for example, that you are not making any adjustments based on gifts you have made. Doing so will make it clear that none of the children should receive a reduced share of the estate based on past gifts. On the other hand, you could list past gifts that have been made and carefully explain why one child is receiving a reduced share of the estate.

Loans made to your children should also be addressed in your estate planning documents. Verbal loans can be particularly tricky. You might, in this case, make a provision in your documents that classifies all verbal loans as gifts. If, however, there are verbal loans that you do not wish to have considered as gifts, you should state this in writing. If you wish to consider loans made to your children as advances on their inheritance, then this should also be specified in your estate planning documents.

Carefully considering and planning how you would like to deal with gifts and loans to your children will help avoid conflict among them in the future. You should consult an estate planning attorney to ensure that your legal documents provide guidance regarding your intentions.

Learn more at Littmankrooks.com.

With a Revocable Trust, you retain the right to add or subtract assets to the trust at any time. This gives you a great degree of flexibility, as you can manage the trust according to your family’s changing life circumstances. If you choose this type of trust, it is important to know that the government considers the assets in the trust part of your estate. If you die, everything in your trust will be included in your estate for tax purposes and may be subject to lawsuits. That means that if someone attempts to sue you after your death, the assets in your trust are susceptible.

An Irrevocable Trust, on the other hand, is separate from your estate, and you cannot remove the assets you place in it. These benefits will remain in the trust solely for the benefit of the person with disabilities. Even if you need these assets due to a personal situation, you cannot draw on them. While this may be considered a drawback, irrevocable trusts do have their benefits. For one, any assets that you place in the trust cannot be touched by your creditors for outstanding debts or taxes. In addition, the trust cannot be touched by any creditors of the person with the disability.

• Fully understanding the needs of the beneficiary
• Comprehending the language and intent of the trust document
• Handling an inventory of trust assets
• Collecting income and managing all trust assets
• Maintaining excellent records of all financial transactions
• Obtaining the proper IRS tax registration for the trust
• Filing both state and federal fiduciary income tax returns
• Establishing different accounts to manage the trust assets
• Arranging for the safekeeping and security of trust assets
• Hiring and monitoring service providers
• Maintaining good communication with the beneficiary and his or her service providers
• Assisting in any unforeseen or emergency situations

Although some of these issues can be complex, family members may be able to handle them. However, it may be a good idea to let family members focus on other issues and choose a professional trustee, who has extensive experience in handling those tasks.

Many parents believe that they can continue to care for their child with special needs by leaving money to a relative. This seems like a good idea because a relative knows the child personally and parents think they can trust them to care for their children. However, relatives are not legally bound to spend the money left to them on the child. In addition to this, the money can be taken from the appointed relative by a number of different parties, including creditors. Also, the money may be lost in a divorce settlement.

Many parents also make the mistake of leaving money to one of their children who does not have a disability, expecting this child to care for the one with special needs. However, this may be a bad idea because it also does not legally bind the child to use this money to care for the sibling with the disability. Also, doing so can pose undue stress on the sibling. If he or she already has to deal with the pain of losing parents, it may be too difficult for the sibling to deal with the added responsibility of caring for a child with special needs.

Rather than entrusting money directly to a relative or sibling, parents should consider forming a Special Needs Trust. Doing so will ensure that the child will be well taken care of and that the money devoted to this cause will not be taken by any other source and must be used for the purpose for which it was intended. Establishing a Special Needs Trust for a child with a disability is the best way to ensure the quality of his or her care in the future.

With a Revocable Trust, you retain the right to add or subtract assets to the trust at any time. This gives you a great degree of flexibility, as you can manage the trust according to your family’s changing life circumstances. If you choose this type of trust, it is important to know that the government considers the assets in the trust part of your estate. If you die, everything in your trust will be included in your estate for tax purposes and may be subject to lawsuits. That means that if someone attempts to sue you after your death, the assets in your trust are susceptible.

An Irrevocable Trust, on the other hand, is separate from your estate, and you cannot remove the assets you place in it. These benefits will remain in the trust solely for the benefit of the person with disabilities. Even if you need these assets due to a personal situation, you cannot draw on them. While this may be considered a drawback, irrevocable trusts do have their benefits. For one, any assets that you place in the trust cannot be touched by your creditors for outstanding debts or taxes. In addition, the trust cannot be touched by any creditors of the person with the disability.

• Fully understanding the needs of the beneficiary
• Comprehending the language and intent of the trust document
• Handling an inventory of trust assets
• Collecting income and managing all trust assets
• Maintaining excellent records of all financial transactions
• Obtaining the proper IRS tax registration for the trust
• Filing both state and federal fiduciary income tax returns
• Establishing different accounts to manage the trust assets
• Arranging for the safekeeping and security of trust assets
• Hiring and monitoring service providers
• Maintaining good communication with the beneficiary and his or her service providers
• Assisting in any unforeseen or emergency situations

Although some of these issues can be complex, family members may be able to handle them. However, it may be a good idea to let family members focus on other issues and choose a professional trustee, who has extensive experience in handling those tasks.

Many parents believe that they can continue to care for their child with special needs by leaving money to a relative. This seems like a good idea because a relative knows the child personally and parents think they can trust them to care for their children. However, relatives are not legally bound to spend the money left to them on the child. In addition to this, the money can be taken from the appointed relative by a number of different parties, including creditors. Also, the money may be lost in a divorce settlement.

Many parents also make the mistake of leaving money to one of their children who does not have a disability, expecting this child to care for the one with special needs. However, this may be a bad idea because it also does not legally bind the child to use this money to care for the sibling with the disability. Also, doing so can pose undue stress on the sibling. If he or she already has to deal with the pain of losing parents, it may be too difficult for the sibling to deal with the added responsibility of caring for a child with special needs.

Rather than entrusting money directly to a relative or sibling, parents should consider forming a Special Needs Trust. Doing so will ensure that the child will be well taken care of and that the money devoted to this cause will not be taken by any other source and must be used for the purpose for which it was intended. Establishing a Special Needs Trust for a child with a disability is the best way to ensure the quality of his or her care in the future.

Some children with special needs may wish to continue their education beyond high school. It is important for these students and their parents to understand what rights they have at a post-secondary institution, and to know how those rights differ from the rights they had in high school. Post-secondary institutions may not discriminate against students with disabilities, but they are not required to identify the special needs of their students as public schools are.

Students who believe they may need a college to make special arrangements for their needs, should request an academic adjustment. Academic adjustments might include priority registration, a reduced course load, providing note takers or sign language interpreters, extended time for testing, and equipping school computers with screen-reading. It is the responsibility of the student to request such an adjustment. As parents, it is important to know what your child is entitled to and when the right time to make a request may be. A special needs planning attorney can serve as an advocate for students pursuing continuing education.

For more information, please visit http://www.littmankrooks.com.

Some examples of powers that a trust protector may be given include: removing or replacing a trustee, handling disputes between trustees and/or beneficiaries, amending the trust, adding beneficiaries, changing disbursements according to changes in beneficiaries’ circumstances (such as divorce), and having the final say over investment of the trust’s assets. The trust document can be used both to name a trust protector and to define his or her powers.

Although anyone may serve as a trust protector, it is generally a good idea to hire an independent third party or professional, since s/he may have to make decisions that affect beneficiaries or resolve conflicts between beneficiaries should any arise. An experienced elder law and estate planning attorney can help ensure that a trust protector is given the right balance of power to oversee a long-term trust effectively.

For more information, please visit http://www.littmankrooks.com.

Same sex couples are not eligible for Social Security spousal benefits. When two married individuals retire, the spouse with the lower monthly benefit can choose to take either his or her own benefit or one-half the higher-earning spouse’s benefit, whichever is greater. For example, if one member of a married couple qualifies for a yearly benefit of $15,000 and the other for a yearly benefit of $6000, the lower earning spouse could instead choose to receive $7500 as a spousal benefit. A lower earning member of a same sex couple does not qualify for the higher benefit.

Same sex couples are also not eligible for survivor benefits, in which a surviving spouse may qualify for the higher-earning spouse’s benefit after s/he has passed away. Legally adopted minor children, however, are eligible for survivor benefits. Since New York law permits single, joint and second-parent GLBT adoption, same sex couples can and should take advantage of the law and legally adopt any minor children to whom they are not biologically related.

For more information, visit http://www.littmankrooks.com.

Financial planning for a child with special needs is the first step in providing a solid base of lifetime support. Once the child turns 18, his or her income will be used to determine eligibility for public benefits. Earning too much — for example because of contributions from parents — will cause the loss of public benefits. This can be avoided through a Supplementary Needs Trust. Funds paid into the Trust will not be counted as income and, therefore, will not affect eligibility for benefits. Planning for lifetime care must include instructions as to how the funds in the Trust are to be distributed and who will manage the trust.

Other questions to be considered:

• Do special arrangements need to be made with a college or other educational institution?
• What arrangements need to be made for housing?
• Will the individual need care of a legal guardian even after turning 18?
• Can the individual execute a Power of Attorney or Health Care Proxy?

Growing up and moving into adulthood is difficult for any adolescent, and even more so for a child with special needs. However, appropriate special needs planning can help make the transition go more smoothly for the whole family.

To learn more, visit http://www.littmankrooks.com.

A resident must be considered “chronically ill” in order for assisted care expenses to be deductible. This means a doctor has certified that the individual cannot perform at least two activities of daily living — for example, eating or bathing — and that the individual requires supervision because of a cognitive impairment. The services must also be administered in accordance with a plan of care prescribed by a doctor, nurse or social worker. Generally, only medical expenses my be deducted, but room and board expenses may qualify for deduction if the patient is chronically ill and in the nursing home for the purpose of medical care.

For more information, visit http://www.littmankrooks.com.

Once a minor child has been legally adopted, parents should draft an Authorization for Consent to Medical Treatment of a Minor, detailing who is authorized to make medical decisions for the child, and appoint a guardian and successor guardians. Taking the proper legal precautions will ensure that minor children will be cared for in accordance with the wishes of their parents and primary caregivers.

For more information, visit http://www.littmankrooks.com.

The Section 811 program provides a benefit to individuals with disabilities in the form of housing vouchers. These “Section 8” vouchers help low income individuals afford housing by paying the difference between the rent and what the tenant can afford. Section 8 vouchers, paid to government-approved landlords, increase housing options for people who may otherwise not be able to afford to rent an apartment. The Section 811 program provides such vouchers specifically to individuals with disabilities.

According to a release from Senator Menendez’s office, the legislation would improve and expand HUD’s Section 811 program by:

• Increasing the number of available housing vouchers for people with disabilities and ensuring that vouchers continue to be used to help people with disabilities.

• Encouraging the integration of mixed-used developments into the program and allowing funds from Low Income Housing Tax Credits and the HOME program to be used.

• Extending the length of rental assistance contract terms from 20 years to 30 years for projects using Low Income Housing Tax Credits.

The bill has attracted many endorsements, including support from such organizations as the National Association of County Behavioral Health and Developmental Disability Directors, the National Council for Community Behavioral Healthcare, the National Disability Rights Network and the National Multiple Sclerosis Society.

For more information, visit http://www.littmankrooks.com.

This week, the administration declared in a brief that the act is discriminatory and should be repealed by Congress, although the Justice Department will still offer a reluctant defense of the act. The brief intends only to clarify the official stance of the administration in favor of repeal of the act.

Assistant Attorney General Tony West wrote, in the brief filed with the U.S. District Court for the Central District of California, “This administration does not support DOMA as a matter of policy, believes that it is discriminatory and supports its repeal. Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality.”

For more information, visit http://www.littmankrooks.com

We have commented on Michael Jackson’s death and the professional estate plan he created during his lifetime. Jackson protected his children and his assets through a Will, trusts, guardianship appointments, and trustee appointments, making his intentions for his estate clear and legally binding.

From the initial reports on McNair’s death, however,  it appears that he died intestate, meaning he died without a Will. It follows that since he had no Will, McNair’s estate will be divided according to Tennessee law. Reportedly, McNair’s wife will receive 33% of the estate, and his four children will divide the rest. The courts will choose an administrator, which is likely to be his former wife.

Not being able to decide how your personal assets should be distributed is only one of the many downfalls of poor estate planning. Assuming that McNair also did not set up any trusts for his wife and children, his beneficiaries will lose a much greater share of his estate to estate taxes. This is unnecessary. McNair’s beneficiaries will also not be able to take advantage of any creditor protections or gifting advantages that trusts can provide.

Most people recognize the importance of estate planning but believe that it can be put off until some future time. No one likes to think about the possibility of an unexpected death. On the flip side, everyone benefits from estate planning. Everyone, regardless of age or income, deserves to determine the fate of their person and their property in the event that they cannot speak for themselves. Everyone deserves the peace of mind that comes from knowing that their loved ones will be cared for, and their wishes will be carried out.

There are several key elements that should be included in a written revocation of a power of attorney. These are:

• Your name
• A statement that you are of sound mind and your wish to revoke the power of attorney
• The date the original power of attorney was executed
• The person selected as your agent
• Your signature

The document should then be sent to the agent and any other individuals, businesses, or institutions that have a copy of the power of attorney that is being revoked. It is also a good idea to get the old power of attorney back from your agent. If this cannot be done, send the agent a certified letter, stating that the power of attorney has been revoked.

After revoking a power of attorney, make sure you appoint a new agent. An estate planning lawyer can assist you with revoking an old power of attorney and appointing a new one.

Waiting to start on an estate plan until “sometime in the future” or “a life changing event” such as marriage or having children is unnecessary due to amount of flexibility available in an estate plan. In fact, waiting to begin planning can cause undue stress and financial hardship for loved ones should something unexpected occur. It is always important to have an estate, and it is equally important to review the plan regularly to make sure it still conforms to current living situations.

The person named as your attorney-in-fact does not have to be a lawyer. In fact, when choosing a person to act as an agent, the most important characteristics to look for are trustworthiness, organizational and management skills, and good common sense. Depending on the complexity of the estate, it may be a good idea to name someone familiar with financial matters, as well as someone familiar with your wishes and personal habits. Make sure your attorney-in-fact has access to all necessary information, such as accounts, PIN numbers, and passwords that will be necessary should he or she have to begin making financial decisions on your behalf.

A trust is simply a legal document that allows an individual to determine how and when his or her assets will be distributed upon death. The main advantage of a trust is that it allows property to be directly transferred to beneficiaries, skipping the sometimes costly and lengthy court-supervised probate process. Trusts can also help with asset protection, gifting, and tax planning.

Placing assets into a well-managed trust can help optimize financial gains and benefits earned during one’s lifetime through work, good planning, and investment. Anyone wishing to protect money and property from taxes, creditors, and the expense of probate can benefit from the flexibility and privacy of a trust.

• Who should be notified of your death?
• Did you prepare a Will? If so, where do you keep it?
• If you own a life insurance policy, pension, annuity, or retirement account, where are the applicable documents stored?
• Where are the records for your bank accounts, stocks, bonds, or safety deposit box(es)?
• If you own real estate, where are the deeds?
• If you own a business, where are your critical documents stored?

Failure to organize this information and leave accurate instructions about how to retrieve it can be costly. If you own assets such as  stocks, bonds, real estate, insurance policies, and even bank accounts, these assets, if unknown to your family, may be turned over to the state government. This happens more than people may think, with millions of dollars going into state treasuries each year.

Because of income restrictions, leaving assets directly to a child with special needs can cause a greater burden for the child. If he or she has been receiving public benefits, those benefits may be lost. This situation can be avoided through special needs planning and the establishment of a Special Needs Trust. Careful planning and the use of a Special Needs Trust will help ensure that a child with special needs may receive support without losing important public benefits.

Other topics to be discussed during the two-day conference include, Conservation Easements and Ethical Issues in Asset Protection.

Bernard A. Krooks, Esq., is a founding partner of the law firm Littman Krooks LLP, with offices in New York City, White Plains, NY, and Fishkill, NY. He is president of the Special Needs Alliance (SNA). He is past president of the National Academy of Elder Law Attorneys, a fellow of NAELA, past chair of the NAELA Tax Special Interest Group, and former editor-in-chief of the NAELA News. He co-authored the NYSBA publication Elder Law and Will Drafting and is an adjunct asst. professor at NYU Center for Finance, Law, and Taxation. Mr. Krooks is an authority on elder law, special needs planning, and estate planning. He has been quoted in many national publications.

Learn more at http://www.littmankrooks.com.

The urge to ignore or put off estate planning can be particularly strong during a downturn in the economy. However, comprehensive estate planning is more important than ever during tough economic times.

According to Mr. Krooks, everyone should have basic estate planning elements in place, such as a Will and trust documents, all of which should be evaluated on a regular basis. Even as economic circumstances change, these documents remain valid. But, says Krooks, “valid” may not be optimal. Long-term planning must take into account both current circumstances and projected changes in personal finances and the overall economy.

One example of such changes is the continued burden that is being placed on state governments and, in turn, locally administered programs. Krooks continues, “The recession has hit state and local governments hard… It is almost certain that there will be additional cutbacks in long-term care services from government programs. The extent that you have assumed that the government will be there to provide your long-term care needs, that assumption may not be as defensible as it once was.”

Mr. Krooks also suggests that there are some specific circumstances that can serve as indicators that an estate plan needs adjustment. These include:

• Having an estate plan that is more than 5 years old;
• Moving;
• Learning of a family member with a disability;
• Having counted on Medicaid to pay for long-term care expenses;
• Large changes in net worth; and
• Changes in a child or children’s net worth or living situation

Changing economic circumstances can provide an opportunity to reevaluate documents that may be out of date or irrelevant. In addition to helping organize finances and assets in the short term, estate planning during tough economic times has obvious long-term benefits. Continuing to plan and make contributions to trusts, life insurance policies, retirement and other accounts will minimize the overall damage that could be done to your estate in the long-term.

Bernard A. Krooks, Esq., is a founding partner of the law firm Littman Krooks LLP, with offices in New York City, White Plains, NY, and Fishkill, NY. He is president of the Special Needs Alliance. He is past president of the National Academy of Elder Law Attorneys, a fellow of NAELA, past chair of the NAELA Tax Special Interest Group, and former editor-in-chief of the NAELA News. He co-authored the NYSBA publication Elder Law and Will Drafting and is an adjunct asst. professor at NYU Center for Finance, Law, and Taxation. Mr. Krooks is an authority on elder law, special needs planning, and estate planning matters. Mr. Krooks has been quoted in many national publications.

To learn more about estate planning and long term care planning, visit http://www.littmankrooks.com.

Unfortunately, the majority of Social Security disability claims are initially denied. According to the Social Security Administration’s own annual report, in 2006 only 32 percent of disabled workers applying for Social Security disability benefits were determined to be entitled to an award. Those in the position of applying for Social Security should be aware of this issue and prepared to take the next step if an application is denied.

If the Social Security Administration (SSA) determines that an applicant is ineligible for benefits, he or she will receive a letter in the mail with a notification of the denial and a brief list of the medical information that was used to make the determination. This letter is referred to as the initial denial, and the applicant then has 60 days from receipt of the letter to file an appeal in writing. In New York, the SSA assumes that you have received your letter five days after the date on the letter unless other evidence is presented. If no appeal is made within this 60-day window, the SSA closes the case and will take no further action.

After the initial denial, there are three levels of appeal available to applicants in New York: a hearing by an administrative law judge, a review by the Appeals Council, and a Federal court review.

The hearing before an administrative law judge is critical, because in this step, the applicant, witnesses, and a representative may appear before the judge to present evidence. The judge is independent of the SSA and is not bound by the fact that the applicant has been previously denied. The judge’s decision will be based upon the evidence presented at the hearing and a prior review of the case. According to the SSA, it is in the applicant’s advantage to attend this hearing.

If the claim is denied after the administrative hearing, the applicant may still ask for a review by the Social Security Appeals Council. If the Appeals Council decides to review a case, it may decide the case itself or order it returned to an administrative law judge for further review.

In the event that the Appeals Council decides not to review the applicant’s case or reviews the case and still denies the claim, the applicant may file suit before a Federal Court.

The process for appealing a denial of Social Security disability benefits is complicated and can be lengthy. According to the SSA’s own statistics, however, those willing to undergo the process are often successful in having the initial denial reversed. A New York Estate Planning attorney can offer advice and representation throughout the process to help ensure a positive outcome.

The first critical thing that Michael Jackson did was draft a Last Will and Testament (a “Will”). Everyone, especially people with young children, as was the case with Jackson, should have a Will. Although a Will is a basic element of any estate plan, approximately two-thirds of Americans neglect this task. Had Jackson not drafted a Will, a judge, in accordance with California law, would have divided his estate. Since Jackson had a Will, his estate will be distributed according to his wishes: with reportedly 40 percent of going to his children, 40 percent to his mother, and 20 percent to charity.

Not only did Jackson have a Will, he drafted it using very clear, specific language and he appointed professional co-executors: lawyer John Branca, and business executive John McClain. He explicitly referred to his children by name as beneficiaries, and excluded his ex-wife, Debbie Rowe, leaving no doubt as to his intentions. When drafting a Will, it is always safer to be as specific and unambiguous as possible so that there is no chance of a judge or executor misinterpreting your wishes.

In addition to creating a Will, Jackson placed his assets in a living trust, also known as a revocable trust. Much media energy has been expended discussing Jackson’s lavish spending and accumulated debt. Although he did acquire a good deal of debt during his lifetime, at his death, his assets still exceeded his debt by approximately $200 million. By placing those assets in the Michael Jackson Family Trust, Jackson’s executors and beneficiaries will be able to avoid probate, thereby keeping his affairs out of the courts and, ideally, out of the public eye.

Keeping an estate out of probate court through the use of a revocable trust has benefits in terms of privacy, expedience, and cost. The probate process can be both long and expensive, drawing out asset distribution over months, or in some cases, years. At his death, control over Jackson’s assets was automatically transferred to his co-trustees, John Branca and John McClain. Although Jackson’s mother moved quickly to gain control of the family trust, she was unable to do so because Jackson had already named these co-trustees. Branca and McClain will distribute Jackson’s assets in accordance with Jackson’s wishes, protecting his family from invasive court proceedings.

In his estate plan, Jackson also named a guardian, Katherine Jackson, and a successor guardian, Diana Ross, for his children, all of whom are minors. If no guardian had been named, the courts would have appointed one – likely the two older children’s biological mother, Debbie Rowe. Rowe, who had relinquished her parental rights years ago, has petitioned to have her rights reinstated. The courts have yet to make a decision on this issue, but they generally side with the parent’s wishes absent a compelling reason not to.

By naming guardians, Jackson also split the responsibilities of managing his estate and caring for his family. It is a good idea to separate duties in this way if possible. Each responsibility involves unique challenges that may be handled better by a team of diverse individuals.

Some experts have indicated that Jackson could have made a better choice of guardians, given the ages of his children. Katherine Jackson is 79 years old and will be 90 years old by the time his youngest son turns 18 years old. Diana Ross is 65 years old. It is a good idea to consider age when appointing a guardian. Young children take a lot of time and energy. Also, should a guardian or successor guardian die while the children are still minors, courts will have to become involved in appointing a caregiver.

While it appeared in the moments immediately following his death that the fate of Jackson’s estate was in question, such speculation has not been borne out. At this point, according to estate planning professionals, it appears that Jackson received solid legal advice during his lifetime, and as a result, has a well-crafted estate plan in place.

A gift made under $13,000 in 2009 will not count against your $1 million exemption. This is known as the annual gift tax amount exclusion. Gifting programs take advantage of these exemptions, mapping out a way to pass assets to heirs during one’s lifetime with minimum tax penalties. Assets can be kept within the family or passed to any charities one may feel drawn to. A gifting program not only helps protect assets, it also enables families to decide how hard-earned assets will be spent and allows heirs to benefit from current tax law.

To learn more about New York elder law, New York Estate Planning, NY Elder, and New York Special Needs Planning, visit LittmanKrooks.com.

There are three types of life insurance: whole life, term life and variable life. Whole life does exactly as its name implies, covering you for your entire life as long as premiums are paid. Term life covers you for a specific period of time that is specified by the policy “term.” Variable life insurance has variable returns and a variable investment component that the policy holder, not the insurance company, determines where the appropriate portion of their premium is invested.

Regardless of the type of policy, life insurance benefits are paid directly to the beneficiary in full upon your death. Because of this, your beneficiary receives all assets immediately without having to go to probate court or pay taxes. Also, since the full policy amount is available upon the policy holder’s death, life insurance is a good way to ensure a certain amount of money will be available at any time even if an unfortunate or sudden event should result in unexpected death.

To learn more about New York elder law, New York Estate Planning, NY Elder, and New York Special Needs Planning, visit LittmanKrooks.com.

It may seem as though individuals who plan on purchasing long term care insurance and individuals who plan on taking advantage of Medicaid fall into different categories. However, in most cases, long term care insurance can be used as a part of overall Medicaid planning.

For example, anticipating the need for long term care, one could purchase a plan with a benefit period of five years. Assets can be transferred into a Trust, allowing for the individual to spend down their assets and become Medicaid eligiable. If the individual falls ill during the five year look-back period, s/he now has the long term care insurance to cover the cost of the nursing home or at home care. If this same individual had not purchased the long term care insurance but had transferred his.her assets into the Trust, s/he may now not be eligible for Medicaid benefits until the expiration of a penalty period. While premiums on long term care insurance can be expensive, they are often more cost effective than paying out of pocket for care during a penalty period. A good estate planning attorney can advise on the best way to plan for the need for future long term care.

To learn more about New York elder law, New York Estate Planning, NY Elder, and New York Special Needs Planning, visit LittmanKrooks.com.