Category

Special Needs Planning
25
Sep

Second Circuit Rules That Income Received By An Institutionalized Person And Then Placed Into A Special Needs Trust Is Countable By Medicaid

September 25, 2009
On June 22, 2009, the United States Court of Appeals for the Second Circuit affirmed...
09
Sep

Federal Appeals Court Rules That Assets In A Special Needs Trust Are Countable Resources Under Medicaid

September 9, 2009
In a ruling seen as a major setback for disabled individuals and their families, on...
31
Aug

Surrogate's Court in New York Reforms Will to Allow Disabled Beneficiary to Obtain Benefits of a Supplemental Needs Trust

August 31, 2009
In a probate case entitled In the Matter of the Estate of Rose Rappaport, 866...
24
Aug

New Brochure From The National Elder Law Foundation Explains Why Certification In Elder Law Is So Important

August 24, 2009
Attorneys certified in elder law offer something that other attorneys do not:  professional expertise in...
07
Aug

Superior Court Judge in Monmouth County Authorizes The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

August 7, 2009
As reported on my blog, Judge John Malone, Presiding  Judge of the Chancery Division of...
23
Jun

Transfer Of Inheritance To Special Needs Trust Not Avoidable Under The Bankruptcy Code

June 23, 2009
In a 2007 U.S. Bankruptcy case from the District of Minnesota, a bankruptcy trustee unsuccessfully...
29
May

Parents Of Disabled Child Removed As Trustees of Child's Special Needs Trust After Commingling Funds

May 29, 2009
A Rhode Island court removed the co-trustees of a special needs trust established for the...
05
May

Planning for Disabled Children and Adults: Special Needs Trusts and Supplemental Benefits Trusts

May 5, 2009
As discussed below, a self-settled special needs trust is a device used to protect funds...
14
Apr

Results Of New Study: Parents Have No Long-Term Care Plan For Special Needs Kids

April 14, 2009
It is well known that the vast majority of America’s 2.6 million children with special...
11
Apr

Tidal Wave Of Autistic Children Entering Adulthood Threatens To Swamp Social Service Networks

April 11, 2009
Linda H. Davis wrote an April 4th column in the Washington Post that a tidal...
08
Apr

Director of Medicaid Affirms ALJ's Decision Awarding Medicaid to Beneficiary of Trust Reformed by the Court to Comply with Special Needs Trust Rules

April 8, 2009
On February 14, 2009, I blogged about the decision of the administrative law judge in...
03
Apr

Congress Proposes Tax-Deferred Savings Accounts, called "ABLE" accounts, for People with Special Needs

April 3, 2009
A bill that would create tax-deferred savings accounts for people with special needs has been...
14
Feb

Denial of Medicaid Eligibility After Court Reforms Testamentary Trusts in Parents' Wills to Special Needs Trusts Reversed on Appeal

February 14, 2009
In the ec-v-division-of-medical-assistance-and-heath-services case, the petitioner E.C. was a 67 year old physically and developmentally disabled...
21
Jan

CMS issues new POMS for trusts

January 21, 2009
A new Programs Operations Manual System (POMS), used by Social Security Administration employees to administer...
10
Jan

Key Decisions in Setting Up a Special Needs Trust

January 10, 2009
Simply defined, a trust is an agreement between two people — a grantor who donates...
10
Jan

The Trustee of a Special Needs Trust for an Adult Disabled Person May Make Distributions for Pornographic Materials According to Several Special Needs Legal Specialists

January 10, 2009
A recent question to the Academy of Special Needs Planners (ASNP) members-only Listserv generated a...
30
Dec

54.4 Million Americans, About 1 In 5 US Residents, Report That They Are Disabled To Some Extent

December 30, 2008
About one in five U.S. residents – 19% – reported some level of disability, according...
04
Dec

Academy of Special Needs Planners Article on Preparing for Passage of Child Into Adulthood Appears in Exceptional Parent Magazine

December 4, 2008
Academy of Special Needs Planners co-founder Harry S. Margolis recently co-authored an article titled “What...
03
Dec

A Housing Solution for the Developmentally Disabled in New Jersey?

December 3, 2008
In the Sunday newspapers this week, I read two very different articles concerning people with...
07
Nov

Writing a Memorandum of Intent for a Special Needs Child

November 7, 2008
How can you ensure that your special needs child will remain well cared for and...
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