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Special Needs Tax Credit for Legal Fees

In order to help families deal with financial burdens, Congress is considering a change to the current tax code that would provide up to a $5,000 tax credit for legal fees associated with establishing legal guardianship. This proposed tax credit would also be available for legal fees paid in connection with establishing a trust for a person with disabilities. Only the person who actually paid for the legal fees would be eligible to apply for the tax credit.

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Once you have decided to establish a Living Special Needs Trust, you must also decide whether or not this trust will be revocable or irrevocable. There are benefits and drawbacks of each type of trust, and you must carefully consider your family’s circumstances before making a decision.

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…

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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.

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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.

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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.

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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.

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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.

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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.

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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. The letter may also include details about the parents’ wishes for the future care of …

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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 supportive housing, asking the right questions can help the transition go as smoothly as possible. …

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