For most families with a loved one with disabilities, much of the assets which will be used for the loved one’s long-term needs are found in pre-tax accounts, such as IRAs. SECURE Act Means Drastic Changes to Retirement Account Inheritance Rules Congress recently passed, and the President signed into law, the “SECURE Act” (Setting Every Community Up for Retirement Act…
We meet the lifetime legal needs of children and adults with disabilities, the elderly, and their families.
Children With Special Needs
Going through a Divorce? Have a Child with Special Needs? Watch Out!
Determining whether or not you or a loved one is entitled to Social Security Income (SSI) can be tricky. SSI is a needs-based program that looks at income and assets to determine eligibility. In fact, income reduces or eliminates SSI payments. One way to ensure our clients keep their SSI is by using an assignment to a Medicaid payback Special…
An Invitation to Hear Haley Moss, JD – Practicing Attorney and First Openly Identified Person with Autism Practicing Law in Florida
I’m honored to be on the Board of Milestones Autism Resources, which is featuring Haley Moss, JD, as one of the keynote speakers for the Milestones National Autism Conference. Her address will be on June 12, 2019, in Independence, Ohio. Haley, an incredible spokesperson for the legal field and for persons with autism, is an associate at the Zumpano Patricios…
Illegal Delay of 2016 Equity in IDEA Regulations
On March 7, 2019, the US District Court in Washington D.C. ruled that the current Department of Education had acted arbitrarily and capriciously in failing to implement Obama-era rules which are intended to address the disparities in the treatment of students of color with disabilities. A summary of the action was issued by the Council of Parent Advocates and Attorneys…
Oregon Class Action Lawsuit Defends Right to Full Day of School for Children with Disabilities
Quite a few of my clients have come to me for help when their child’s school day is made shorter than their typical peers. Sometimes, it is a matter of a bussing situation where the kids in special ed are on a bus that leaves 10 or 20 minutes before their typical peers. Other times, schools are sending their kids…
Considerations When Planning for Families with Special Needs
Recent changes in the laws have added new complexities and considerations when planning for a person with a disability. Although not all are changes to trust law, many of the programmatic changes impact how we handle special needs estate planning. The most important of these changes include: (1) the Special Needs Trust Fairness Law; (2) Medicaid expansion, which creates new…
The Many Hats of a Special Needs Attorney
Attorneys must wear many hats, especially when representing people with disabilities and their families. Imagine a display of three hats on the conference room table: A black stovepipe hat, rimmed with a satin ribbon; the rumbled and worn, brown, slouchy, cloth Sorter Hat straight from Hogwarts in Harry Potter; and the most extravagant, eye-catching Kentucky Derby creation you’ve ever seen.…
Five Things to Consider When Selecting a Guardian for Your Child with Special Needs
One of the first questions new clients ask me is how to pick a guardian who can raise their child with special needs or make decisions for her when they are unable to do so. What should they look for? Should they ask a sibling or someone else from their family? Is it better to identify someone who is not…
Giving Up Custody to Save Your Child
Can you imagine being left with no choice but to surrender custody of your own child in order to get him help? Consider a hypothetical family of four: mom, dad, one typical child, and one child with extreme and violent behaviors, all living together under one roof. They’ve tried everything: school-based interventions, private therapy, brief periods of hospitalization, medication. Still,…
U.S. Supreme Court Ruling Helps Students with Special Needs
On March 22, 2017, the U.S. Supreme Court unanimously held that a school must offer an IEP reasonably calculated to enable a child to make progress appropriate in light of the child’s unique circumstances (Endrew F. v. Douglas County Sch. Dist. 2017 Lexis 2025) (“Endrew F.”). This decision represents an increased duty on school districts to provide an educational benefit…