By:  Bernard A. Krooks, Certified Elder Law AttorneyGenerally speaking, there are two kinds of special needs trusts. Those set up to handle money owned by the beneficiary (like a personal injury or medical malpractice settlement, for instance) are usually called first party special needs trusts.  Those set up by someone other than the beneficiary, to…

By Alexis Gruttadauria, Esq., Littman Krooks LLP At the end of 2016, President Obama signed the Special Needs Fairness Act into law, and this week the New York State Assembly and Senate voted to adopt the law in New York, which allows for an eligible individual to set-up his or her own First Party Special…

A supplemental needs trust is an important tool that can be used to make sure a child with special needs has access to the services and care he or she requires. Establishing a supplemental needs trust as a part of an overall financial plan is one step in providing a solid base of lifetime support. Once a child turns 18, his or her income will be used to determine eligibility for public benefits such as Medicaid and Supplemental Security Income (SSI). Earning too much will lead to the loss of these important benefits. However, funds paid into a supplemental needs trust will not be counted as income and, therefore, will allow an individual with special needs to retain public benefits.

By: Alexis Gruttadauria, Esq., Littman Krooks LLP You have your advance directives in place; you’ve designated in your Health Care Proxy and Living Will who you want making your medical decisions once you are no longer able to make them for yourself, and you’ve instructed your agent on what those decisions should be. Now what?…

By Marion M. Walsh, Esq. The proposed American Health Care Act Law, which just passed on May 4th by the House of Representatives, if approved by the Senate, will have a significant impact on school services for students with disabilities. The House bill proposes cuts to Medicaid of $880 billion, over 10 years. School districts…

By: Arshi Pal, Esq., Littman Krooks LLP On January 18, 2017, the Social Security Administration (“SSA”) revised their Regulations with regard to the evidentiary standard Administrative Law Judges (“ALJ”) use to determine eligibility for disability benefits. The new Regulations became effective on March 27, 2017. Five Step Review Process The revised Regulations maintain a five-step…

The NAEPC Education Foundation and the National Association of Estate Planners & Councils (NAEPC) are promoting April 2013 as National Financial Literacy Month. The goal of the awareness campaign is to help the American public learn how to keep their financial and estate plans up to date.  Financial Literacy Month was officially designated by a Congressional proclamation.  NAEPC is joining with financial professionals, nonprofit organizations and financial services organizations to promote financial literacy.

By Marion Walsh, Esq., and Arshi Pal, Graduate Law Clerk, Littman Krooks LLP On March 22, 2017, the United States Supreme Court, in a seminal and unanimous ruling, in Endrew F. v. Douglas County School District, [https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf] ruled that students with disabilities must receive an educational plan that will allow them to make more than…

By Marion M. Walsh, Esq. March represents Developmental Disabilities Awareness month. According to the Center for Disease Control, the prevalence of developmental disabilities, in the past twelve years, has increased.  The term Developmental Disabilities encompasses a diverse group of severe chronic conditions that are due to mental and/or physical impairments. People with developmental disabilities have…

By Erica Fitzgerald, Esq., Littman Krooks LLP Article 17-A of the Surrogate’s Court Procedure Act provides a mechanism by which, generally speaking, a parent or interested person over the age of 18 (“Petitioner”) may seek and obtain guardianship over an individual diagnosed with an intellectual or developmental disability (“Ward”).   In order to obtain 17-A guardianship…