FAQ1: What is the difference between a First Party Special Needs Trust and Third Party Special Needs Trust?

Frequently Asked Question #1: What is the difference between a First Party Special Needs Trust and Third Party Special Needs Trust? Several factors should be considered when determining whether a First Party Special Needs Trust or a  Third Party Special Needs Trust should be utilized when developing the appropriate plan for a beneficiary with special… Read More »

Should You Disinherit a Family Member Because They are Receiving Some Kind of Government Benefits?

One of the most frustrating things as a Special Needs planning attorney is to have someone in my office doing planning and they tell me that they need to disinherit a family member because they are receiving some kind of government benefits.  Their mindset is that they are looking out for that loved one, but… Read More »

Upcoming Webinar on “How Decisions Are Made: Guardianship”

Webinar – How Decisions Are Made: Guardianship Date: May 31, 2018 Time: 7:00 PM – 8:00 PM Location: Your Computer, Phone or Tablet Join Partner, Eric J. Einhart for this Free Educational Webinar. Please register for How Decisions Are Made: Guardianship on May 31, 2018 7:00 PM EDT at: https://attendee.gotowebinar.com/register/1667398779208221441 Attend this free webinar on:… Read More »

Can the transfer exemption to a disabled child, under the Medicaid laws, still be utilized if a disability determination was never made?

Under current law, certain transfers of assets by a Medicaid applicant or recipient do not result in any transfer penalties. Any asset of any value or type can be transferred without penalty to a disabled child of any age. The law allows for transfers to the applicant’s child who is certified blind or disabled. The… Read More »

What Is An “ABLE” Account?

Are you looking for a way to put away money to pay for expenses of a loved one with disabilities?  Then you should consider creating a New York “ABLE” account.  “ABLE” stands for “Achieving a Better Life Experience”. To qualify for NY ABLE, the eligible individual must be a New York resident. There are two ways to… Read More »

Does Social Security Recognize a Power of Attorney?

Social Security and Supplemental Security Income (SSI) benefits are incredibly important for many senior citizens and individuals with special needs. It can be devastating if there is a disruption in these benefits of any kind. In order to avoid disruption or mitigate any issues regarding these federal payments, it is important to make sure that… Read More »

Caution: Crowdfunding Accounts Can Be Detrimental for Someone on Medicaid and SSI

Over the past couple of years, when on social media, I have seen more and more crowdfunding and personal fundraising efforts. Crowdfunding sites such as GoFundMe and Kickstarter cut out the middleman of fundraising, allowing the person or organization in need to appeal directly to the general public. In many cases, crowdfunding takes place when… Read More »

The American Health Care Act Speculated to Reduce or Eliminate Services for Special Education Students

The federal Individuals with Disabilities Education Act (IDEA) guarantees all children a free and appropriate education in the least restrictive environment.  IDEA requires that children with special needs receive individual educational plans that include specialized in-school and after school services specific to their needs.  Many schools rely on Medicaid to pay for the therapies included… Read More »

Special Needs Trust Fairness Act Now Passed in New York!

Back in December of 2016, we shared the wonderful news of President Obama signing the Special Needs Trust Fairness Act into law.  When announced, New York State was out of compliance with this new federal law. On May 22, 2017, New York issued a general information system (GIS 17 MA/08) allowing mentally component individuals with… Read More »

Do I Qualify for Supplemental Security Income?

Social Security is a retirement benefit for individuals who are working and contributing to the social security system. However, it also has a benefit for disabled workers and disabled individuals. Supplemental Security Disability Social Security Disability (SSD) is a plan that functions under the Social Security umbrella. If you’ve contributed to the Social Security system,… Read More »

Do I Need a MOLST Form? Part 1

A MOLST (Medical Orders for Life-Sustaining Treatment) form is a medical order form that tells healthcare providers a patient’s medical orders for life-sustaining treatment. The form includes medical orders and patient preferences regarding resuscitation instructions when the patient has no pulse or is not breathing (CPR order or DNR order); and it also includes orders… Read More »

Protect Your Special Needs Child: Be Informed & Prepared

Parents of children with special needs will inevitably face the following question: Who is going to make health care and financial decisions for my child when I am unable to do so? Planning and preparing the appropriate documentation for children with special needs will ensure protection for your loved ones.