As a parent, from the moment your child enters the world, you strive to provide the best life for them. There are always obstacles to overcome in day-to-day life. However, when a parent learns their child is medically fragile, these day-to-day activities become additionally challenging. Due to medical research and advances, many of these children can live at home, but not without significant challenges to overcome.
Russo Law Group, P.C. is pleased to share this article on behalf of guest author Robert P. Mascali, Esq.
In December 2014, the Achieving a Better Life Experience (ABLE) Act was signed into law, adding to the toolkit for practitioners advising elderly and disabled clients. The ABLE Act allows contributions to be made to tax-advantaged ABLE Act 529A accounts to pay qualified expenses for disabled individuals.
It seems that almost every day, the media reminds us that it is a National Day or Month: National Puppy Day, National Dessert Day, National Ice Cream Month, etc.
What comes to mind when you think of April? April Fools’ Day? Although you wouldn’t be incorrect, in the realm of autism, April marks the first day of National Autism Awareness Month.
Oftentimes when creating an estate plan, it is requested that a family member or friend be disinherited. There are many reasons why one would chose to disinherit someone. Perhaps the person creating the estate plan has already provided the family member or friend with gifts during his or her lifetime. Perhaps he or she wants to avoid disqualifying the person from government benefits. There might have been a falling out between the individuals. Or there might be tax reasons for wanting to disinherit.
No matter what the reason is, it is important to understand the potential pitfalls of disinheriting someone.
Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.
Unless you have a crystal ball, it’s impossible to predict what the future holds. Should you become unable to make your own decisions, it is imperative to appoint someone to take care of your affairs and make healthcare decisions on your behalf. Additionally, in order to ensure that your assets are passed on to your loved ones without problems, high legal fees and time delays, it is important to start your planning today.
It is a little-known but important fact that receiving benefits of one kind can affect benefits of another kind, sometimes adversely.
Take the case of Sally and her son, Paul. Sally is a constant advocate for Paul, who has special needs. Paul is currently receiving Medicaid and Supplemental Security Income (SSI). Sally is also receiving Medicaid.
The Suffolk County Sheriff’s office has implemented the Project Lifesaver program. Project Lifesaver is a countywide emergency response locator system to help locate someone with cognitive impairments who may have wandered or gotten lost.
The client wears a battery-operated transmitter bracelet that emits a signal every second of every day (24/7). When a caregiver notifies the Sheriff’s office that someone with a Project Lifesaver bracelet is missing, specially trained rescue personnel are immediately dispatched to track the signal and help locate the missing person. The signal can be tracked for up to several miles by air and by land.
When you are little, often times, being different is perceived as a bad thing. Sesame Street, known for teaching important lessons to children through their stories, is here to show that everyone deserves to be respected and not bullied because…
On Wednesday, September 9, The Special Needs Trust Act was passed! The passage of this legislation establishes liberties for persons with disabilities which had been previously denied to them.
Prior to passing the Act, only a parent, grandparent, legal guardian of the disabled individual, or a court could establish a special needs trust on behalf of the disabled individual.