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Special Needs Planning

Special Needs Planning

Responsibilities of a Special Needs Trustee

Being the trustee of a Special Needs Trust is a job that comes with great responsibilities. Many family members consider naming a relative as trustee of their child’s Special Needs Trust. However, some families choose to go with a professional special needs trustee, as they have extensive experience in handling all issues associated with a Special Needs Trust. Before making this decision, families should consider the extensive responsibilities that go along with being a special needs trustee.

Special Needs Planning

Analyzing Alternatives to Special Needs Planning

All parents of children with disabilities worry about the day when they will no longer be able to care for them. While many parents have figured out ways to make life more comfortable for a child with disabilities while they are around, thinking about a time when they can no longer be personally responsible for their child’s well-being can be stressful.

Special Education Advocacy

Rosa’s Law

Senate Proposal Would Eliminate Use of Term “Mentally Retarded” Words hurt, and it has long been recognized that language shapes perception. So when Senator Barbara Mikulski (D-MD) proposed Rosa’s Law, which would replace the term “mental retardation” with “intellectual disability” in federal programs, it marked significant progress for people with developmental disabilities. Rosa’s big brother,…

Special Education Advocacy

Considering the Possibility of Continuing Education in Special Needs Planning

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.

Special Needs Planning

Special Needs Planning for Children Transitioning into Adulthood

As a child with special needs approaches the age of 18, a variety of circumstances change. Programs that are available to help with the care of minors may no longer be available for adults. Eligibility for public financial benefits is subject to strict rules. Health care decisions may not automatically be left to parents or guardians.

Special Needs Planning

Proposed Bill Would Increase Housing Opportunities for People with Disabilities

The bipartisan Frank Melville Supportive Housing Investment Act, introduced by Senators Robert Menendez (D-NJ) and Mike Johanns (R-NE) at the end of July, would expand affordable housing options under the Department of Housing and Urban Development’s Section 811 program for people with disabilities.

The Section 811 program provides a benefit to individuals with disabilities in the form of housing vouchers.

Elder Law & Estate Planning

Appealing Denial of Social Security Disability Benefits

Unexpected illness or injury can intrude upon an individual’s life at any time, preventing work and cutting off valuable sources of income. Social Security disability benefits are available to those unable to work due to illness or injury, but many who apply for benefits have their initial claim denied. There is a process for appeal of a denial of claim that can be taken advantage of, improving the chances of receiving important benefits.

Special Needs Planning

Letters of Intent Aid in the Transition to a New Living Situation

A letter of intent is not a legal document, but it is still an important part of planning for the future of a child with special needs. A letter of intent contains important information about the child such as his or her history, likes, dislikes, current health and emotional status and hopes for the future.…

Special Needs Planning

Quick Supportive Housing Checklist for Adults with Special Needs

An important consideration for parents of a maturing special needs child is housing. Families will need to do significant research into their options to make sure their child is properly cared for when he or she can no longer live at home. If the child will require a group home or some other form or…

Special Needs Planning

Your Special Needs Trust can be used to set a precedent for future trustees

One of the most effective ways to prepare for the future of your child with special needs is to establish a Special Needs Trust tailored to the individual needs of your loved. Special Needs Trusts, also known as Supplemental Needs Trusts, are usually set up as inter vivos trusts for the benefit of one child. The Trust is created separately from a family’s estate for tax purposes and is managed by a trustee.