Striking a Balance: Examining 17-A Guardianship Practices for Individuals in Need
By Amy C. O’Hara, CELA 17-A guardianship, a legal mechanism in New York State designed to provide protection and support for individuals with intellectual and/or developmental disabilities, has come under scrutiny in recent years. Most recently, a lawsuit filed by Disabilities Rights New York has raised questions about the fairness and effectiveness of the 17-A…
2024 Estate and Gift Tax Exemptions
By Amy C. O’Hara, CELA Ringing in the new year brings updated estate and gift tax exemption amounts for 2024. The federal estate and gift tax exemption has now risen to $13.61 million per person, allowing married couples the advantage of portability, effectively safeguarding $27.22 million from estate taxes upon death. The tax rate for…
Transferring Real Property to Trust and Informing the Insurance Company
By Joel Krooks, Esq. Transferring your real property to a Revocable or Irrevocable Trust can be an effective estate planning tool to help your estate avoid probate, plan for Medicaid or to avoid an estate recovery from Medicaid. When the real property is transferred to a Trust, it is important to inform your homeowners and umbrella…
What Will Happen to My Child With Special Needs When I Pass Away?
By Joel Krooks, Esq. By now, we are hoping that you have read all of the blogs in the guide to being a parent of a special needs child blog series. The last blog in the series may be the most important and discusses most parents’ biggest fear. The reality is, in all likelihood, a child…
Introduction to Housing Options for Adults with Disabilities
By: Sandi Rosenbaum As same-aged peers move on to college and toward independent living and financial self-sufficiency, many young adults continue to reside with their parents. For some, this is strictly a financial matter, as many young people working full time cannot afford to live on their own or are saving money toward a future…
What is the SSI Savings Penalty Elimination Act?
By Jessica A. Saio Social Security Income (SSI) provides money to approximately eight million people, including many individuals with disabilities, to help afford daily living. The federal government has had the same rules in place for over thirty years regarding how much money people can earn, save, and have in their bank accounts if they…
NYSED Issues Opinion that Students with Disabilities Should Receive Services Until 22
By Marion M. Walsh, Esq. The New York State Education Department provided an opinion this summer on extending eligibility for students with disabilities until age 22. NYSED has finally acknowledged that a 2021 Second Circuit decision, A.R. v. Connecticut Board of Education, requires that public schools in New York provide special education and related services…
Steps to take if Your Child Faces Bullying or Harassment in School
By Marion M. Walsh As the new school year begins, parents must be vigilant to report and advocate against any bullying of their child. Student bullying and harassment can be a health risk to students and can impact their education. Bullying has increased in the past years and can have devastating and tragic consequences. For…
Planning Tips When Confronted with a Terminal Illness
The Special Needs Alliance’s new issue of The Voice® is written by fellow SNA member. Nicola Melby of McCarthy Summers Wood Norman Melby & Schultz, PA in Stuart, FL. The firm serves Martin, St. Lucie, Indian River, Okeechobee and Palm Beach counties in Florida in the areas of elder & special needs law, estate planning, guardianship, and wills…
Navigating Medicaid Benefits for Working Individuals with Disabilities
By: Nicholas N. Khayumov In today’s rapidly evolving legal landscape, navigating the intricacies of Medicaid benefits can be particularly challenging, especially for working individuals with disabilities. As attorneys licensed in New York and experienced in Elder Law and Special Needs Planning, our firm strives to provide clarity and guidance to empower individuals with disabilities to…