On April 23, 2014, the Social Security Administration (SSA) issued Emergency Message 14026 providing instructions for the regional centralization of Supplemental Security Income (SSI) trust reviews to help improve the accuracy and consistency of SSI trust resource determinations. Under the new policy, effective April 28, 2014 a member of the new Regional Trust Reviewer Team.. read more →

A Memorandum (or Letter) of Intent communicates and documents your preferences regarding the care of a disabled family member or friend who is the beneficiary of the special needs trust you created. It provides guidelines for those who will become responsible for your disabled family member after you pass away or become so disabled yourself.. read more →

A California appeals court held that a trial court’s order directing a trial attorney to remove posts from her law firm website touting her successes constituted an unlawful prior restraint on the trial attorney’s constitutional right to free speech. Christie Steiner v. Superior Court of Santa Barbara County, 2d Civil No. B235347 (Super. Ct. No… read more →

Even after a guardian is appointed for an incapacitated person, our courts will seek to preserve the incapacitated person’s right to self-determination, to the extent possible. This challenging task was addressed by the New Jersey Supreme Court in M.R., 135 N.J. 155 (1994): Unless they endanger themselves or others, competent people ordinarily can choose what.. read more →

Typically, field examiners from the Department of Veterans Affairs (VA) conduct periodic investigations of fiduciaries who handle the monthly compensation or pension payments made by the VA to veterans and their dependents to insure the appropriate use of funds. Fiduciaries as well as the claimants themselves are often unnecessarily concerned about these investigations. Although it.. read more →