17-A Guardianship and Advance Directives for Young Adult Children
By Joel Krooks, Esq. When a child turns 18 years old, under the law the child becomes a legal adult. This can be a stressful time for parents of children with special needs. Without guardianship in place or advance directives, it may become difficult for parents to continue advocating for their children. Parents with children…
April is Autism Awareness Month
By Jessica Saio, Law Clerk National Autism Awareness Month raises public awareness about autism and autism spectrum disorders (ASD) during the month of April. One of the many ways support is shown worldwide is through the Light it Up Blue campaign, initiated by the United Nations and nonprofit organization, Autism Speaks. Each year on April 2,…
Special Needs and Elder Law Proposed Legislation of Interest
By: Amy C. O’Hara, CELA I recently attended the Special Needs Alliance meeting. The Special Needs Alliance (SNA) is a national organization comprised of attorneys committed to the practice of disability and public benefits law. This organization is by invitation only of which I have the privilege of serving as President Elect of their Board…
What Parents Need to Know about the Special Education Process for Young Children: Birth to 5
By Marion M. Walsh, Esq. When parents suspect that their child may have a disability, the process can be daunting and filled with many emotions. Some parents learn that their child has a disability at or near birth. Others suspect a disability when their child does not meet early developmental milestones. If you or a…
New Expansion on ABLE Eligibility
By Jessica Saio, Law Clerk This past December, Congress approved the ABLE Age Adjustment Act which expands eligibility for ABLE accounts by increasing the qualifying disability age from 26 to 46. This allows more individuals with disabilities to work and save money without the risk of losing government benefits. What is an ABLE Account? ABLE…
Estate Planning for the Special Needs Family
By Amy C. O’Hara, CELA Estate planning is important for every family for several reasons, however, it becomes critical if you have a child with a disability. In creating a well thought out estate plan you can ensure your child is protected both financially and personally. Part of your plan will include designating a guardian…
SECURE ACT 2.0
By Joel Krooks, Esq. On December 29, 2022, President Biden signed SECURE 2.0 Act into law. SECURE 2.0 builds on the SECURE Act that was enacted in 2019 and continues to change retirement plans for individuals. Increase in the Age for Required Minimum Distributions: SECURE 2.0 increases the age individuals begin taking required minimum distributions…
New York Medicaid Increases the Asset and Income Limits in 2023
By Brian L. Miller, Esq. Beginning January 1, 2023, New York State will increase its asset and income limits for Disabled, Age 65+ and Blind (DAB) Medicaid applicants and recipients seeking long-term care benefits. Changes to Asset Limits: For both community and nursing home Medicaid applicants and recipients, the available asset limit will increase to…
Understanding NYC’s Directive on Involuntary Treatment for Individuals with Mental Illness
By Nicholas N. Khayumov, Esq. On Tuesday, November 29, 2022, Mayor Eric Adams issued a directive to give the police increased authority to assist the rising homeless population in New York City who have apparent mental health issues and are not receiving adequate treatment. According to news reports, the city has seen an increase in…
New Legislation Strengthens Support For Older LGBTQ New Yorkers
By Brian L. Miller, Esq. Legislation was recently signed into New York State law broadening the term “greatest social need” as it pertains to the Older Americans Act of 1965 (“OAA”). The OAA is a Federal Act established authority for the federal government to make grants to states for community planning and social services, research…
