Special Needs & Elder Law Archives

As the population ages, the importance of elder law becomes increasingly significant. Elder law encompasses a wide range of legal issues affecting the elderly and their families. This specialized area of law focuses on addressing the needs and rights of older adults, ensuring they are protected and can enjoy their golden years with dignity. From estate planning to long-term care and protection against abuse, elder law plays a crucial role in safeguarding the interests of seniors. In this blog post, we’ll explore the key aspects of elder law and the vital role of an elder law lawyer in navigating these complex issues. Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, and surrounding communities.

Understanding Elder Law

Elder law encompasses a wide range of legal issues that specifically impact the elderly population. This specialized field covers legal topics such as healthcare decision-making, financial management, and safeguarding against elder abuse. Unlike other areas of law defined by distinct statutes, elder law integrates various legal disciplines to offer comprehensive support to older adults and their families. Key areas include planning for long-term care, managing healthcare and insurance matters, and addressing concerns related to mental or physical incapacity. By understanding the multifaceted needs of seniors, elder law aims to protect their rights, autonomy, and overall wellbeing. An elder law lawyer provides essential guidance in these areas, helping seniors make informed decisions about their future while ensuring they receive the care and protection they need.

The Role of an Elder Law Lawyer

An elder law lawyer is adept at handling the multifaceted legal issues that impact seniors. These attorneys offer invaluable expertise on diverse matters including drafting wills, planning for long-term care, and addressing elder abuse. Their role is pivotal in advocating for the rights of older clients, ensuring that their wishes are honored and their assets are protected. In addition, elder law lawyers help families navigate complex decisions, providing clarity and legal oversight in challenging situations. They serve as advocates and advisors, guiding seniors through important life choices and safeguarding their autonomy. Families also benefit from the peace of mind that comes with professional legal support, knowing that their loved ones’ interests are well-protected. Elder law lawyers are essential partners in managing the legal aspects of aging, helping to secure a dignified and well-planned future for seniors.

Estate Planning and Wills

Estate planning is a critical part of ensuring one’s wishes are honored after passing. This process includes creating wills, trusts, and other legal documents that specify asset distribution and responsibilities. An elder law lawyer provides invaluable guidance in navigating the complexities of estate planning. They help seniors ensure their instructions are clearly documented and legally enforceable. This preparation helps prevent disputes among beneficiaries, offering peace of mind and clarity for both the elderly and their families. Additionally, elder law lawyers assist in minimizing potential tax burdens and ensuring that healthcare directives and power of attorney arrangements are in place. This comprehensive approach ensures that all aspects of an individual’s estate are managed according to their wishes, providing a secure future for their loved ones.

Guardianship and Conservatorship

Guardianship and conservatorship are essential legal tools used to protect individuals who can no longer make decisions independently due to cognitive decline or physical disability. When an elderly person becomes incapacitated, these mechanisms enable a court-appointed guardian or conservator to manage their personal and financial affairs. Guardianship typically involves making decisions about healthcare, living arrangements, and personal welfare, while conservatorship primarily focuses on financial management and asset protection.

Establishing guardianship or conservatorship involves a legal process where the court evaluates the individual’s capacity and the necessity for such measures. Elder law lawyers play a vital role in this process by providing the necessary legal expertise and representation. They assist families in filing petitions, gathering medical evidence, and navigating court proceedings. Additionally, these lawyers ensure that the appointed guardian or conservator acts in the best interest of the elderly individual, providing oversight to prevent any potential abuse or neglect.

It’s important to note that guardianship and conservatorship should be considered as a last resort, used only when less restrictive alternatives, like powers of attorney or healthcare proxies, are insufficient. Elder law lawyers can help evaluate these alternatives, offering solutions that balance the need for protection with the elderly person’s right to autonomy and self-determination.

Long-Term Care and Medicaid Planning

Long-term care encompasses services such as nursing home care, assisted living, and in-home healthcare, which can be financially demanding. Planning for these expenses is a critical aspect of elder law. Elder law lawyers assist seniors and their families in navigating the complexities of Medicaid planning to help afford these services. Medicaid, a federal and state program, offers financial assistance for long-term care, but qualifying for benefits can be complicated due to strict income and asset requirements.

An elder law lawyer can provide invaluable assistance by guiding clients through the Medicaid application process and helping them structure their finances to meet eligibility criteria. This may involve strategic planning, such as asset transfers, establishing trusts, or spending down assets in a manner compliant with Medicaid rules. By doing so, seniors can protect their savings and still receive the necessary care.

Additionally, elder law lawyers help families explore other funding options, such as long-term care insurance, veterans’ benefits, and community resources. They offer advice on selecting the most appropriate care setting, considering both medical needs and financial constraints. Through proactive planning, elder law ensures that seniors can access quality long-term care without depleting their financial resources, thereby preserving their financial security and peace of mind.

Elder Abuse and Fraud Prevention

Elder abuse and fraud are pressing issues that threaten the safety and financial wellbeing of older adults. These forms of mistreatment can be perpetrated by caregivers, family members, or strangers, and often go unnoticed due to the victim’s vulnerability. Elder law includes critical measures to identify, prevent, and address such abuse and exploitation. Lawyers specializing in elder law play a key role in this area by advocating for the rights of older adults and seeking legal recourse against abusers. They assist in implementing protective measures such as financial oversight, guardianship, and durable power of attorney to mitigate the risk of abuse.

Moreover, elder law lawyers educate families and seniors about common scams and fraud tactics, equipping them with the knowledge to recognize and avoid exploitation. They provide legal guidance on safeguarding assets through trusts and other financial instruments, reducing the likelihood of financial abuse. In cases where abuse or fraud has already occurred, these attorneys work diligently to recover stolen assets and hold perpetrators accountable. By fostering awareness and offering legal protection, elder law strives to create a safer environment for seniors, ensuring their rights and dignity are upheld.

Social Security and Retirement Benefits

Navigating Social Security and retirement benefits can be challenging for seniors, but elder law provides essential guidance to ensure they receive the support they deserve. An elder law lawyer can help seniors understand the complex eligibility requirements for Social Security benefits, including retirement, disability, and survivor benefits. These lawyers assist in filing claims accurately and in a timely manner, reducing the risk of errors that could delay or deny benefits.

Additionally, elder law lawyers can provide support in addressing disputes or issues that arise with Social Security Administration (SSA) decisions, such as appealing denied claims or correcting benefit amounts. They can also advise on strategies to maximize benefits, such as determining the optimal time to start drawing Social Security based on individual financial situations and life expectancy.

For those with private retirement plans, an elder law lawyer can offer advice on managing 401(k)s, IRAs, pensions, and other retirement accounts, ensuring that these funds are utilized effectively and in compliance with legal requirements. By offering comprehensive legal support, elder law helps seniors navigate the complexities of Social Security and retirement benefits, ensuring they can enjoy a stable and secure financial future.

Housing Options for the Elderly

Finding suitable housing is a critical concern for many seniors and their families as they plan for the future. Elder law offers valuable guidance on various housing options available to older adults, from independent living communities to assisted living facilities and nursing homes. Each type of housing has different levels of care, amenities, and costs, making it important to choose the right option based on individual needs and circumstances.

An elder law lawyer can provide expert advice on evaluating these options, considering factors like health care requirements, financial constraints, and personal preferences. They can help review and negotiate contracts, ensuring that all terms and conditions are clear and fair, protecting the interests of the elderly.

Additionally, elder law lawyers can assist in understanding the legal rights and obligations of residents in different types of housing. They can address issues such as eviction protection, residents’ rights, and dispute resolution, offering peace of mind to seniors and their families.

For those looking to age in place, elder law can also provide guidance on home modifications and community resources to ensure safety and accessibility. By leveraging the expertise of an elder law lawyer, families can make informed decisions about housing that enhance the quality of life and meet the evolving needs of seniors.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

If you or a loved one are facing legal issues related to aging, an elder law attorney can help. Elder law attorneys are knowledgeable about the laws and regulations that affect seniors, and they can provide advice and guidance on a variety of issues. An elder law attorney can help you and your family develop a plan to ensure your long-term financial security, and provide legal advice on important issues such as guardianship and conservatorship.

Elder law attorneys are also knowledgeable about the laws and regulations that govern nursing homes, assisted living facilities, and other long-term care facilities. They can help you and your family understand their rights and responsibilities when it comes to long-term care and make sure that your rights are protected. Elder law attorneys can also help you and your family navigate the complex web of Medicare and Medicaid regulations.

Elder law attorneys are also experienced in elder abuse cases. They can help you and your family identify potential abuse, investigate potential cases of abuse, and seek legal remedies. Elder law attorneys are knowledgeable about the laws and regulations that govern elder abuse, and they can provide advice and assistance in seeking justice in these cases.

If you’re considering hiring an elder law attorney, there are a few things to keep in mind. First, make sure that the attorney you choose is experienced in elder law. Ask for references, and make sure to research the attorney’s background and qualifications.

It’s also important to make sure that the attorney you choose is knowledgeable about the laws and regulations that affect seniors and their families. Ask for examples of cases the attorney has handled in the past, and make sure that the attorney is up to date on the changing laws and regulations that affect seniors.

Finally, it’s important to make sure that the attorney you choose is someone you can trust and work with. Make sure that the attorney is someone who understands your needs and is willing to work with you to ensure that your rights are protected.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

Elder law is an area of legal practice that focuses on providing legal services to senior citizens and their families. It covers a broad range of topics, including retirement planning, estate planning, Medicaid and Medicare, long-term care planning, guardianship and conservatorship, and elder abuse. Elder law attorneys specialize in helping seniors and their families navigate the legal complexities of aging.

Elder law attorneys are knowledgeable about the laws and regulations that affect seniors, as well as the programs and services available to them. They understand the unique needs of seniors and their families, and work to ensure their rights are protected. Elder law attorneys also provide advice and guidance on a variety of topics, such as retirement, long-term care planning, estate planning, and Medicaid and Medicare.

Elder law attorneys are knowledgeable about the legal, financial, and medical issues that face seniors. They can help seniors and their families develop a plan to ensure their long-term financial security and provide legal advice on important issues such as guardianship and conservatorship. Elder law attorneys are familiar with the changing laws and regulations that affect seniors, so they can provide up-to-date legal advice.

Elder law attorneys are also knowledgeable about the laws and regulations that govern nursing homes, assisted living facilities, and other long-term care facilities. They can help seniors and their families understand their rights and responsibilities when it comes to long-term care and make sure that their rights are protected. Elder law attorneys can also help seniors and their families navigate the complex web of Medicare and Medicaid regulations.

Elder law attorneys are also experienced in elder abuse cases. They can help seniors and their families identify potential abuse, investigate potential cases of abuse, and seek legal remedies. Elder law attorneys are knowledgeable about the laws and regulations that govern elder abuse, and they can provide advice and assistance in seeking justice in these cases.

How to Find the Right Elder Law Attorney

Finding the right elder law attorney can be a daunting task, but it’s important to take the time to find the right attorney for you. Here are a few tips for finding the right elder law attorney:

Research: Start by researching elder law attorneys in your area. Make sure to check their background and qualifications, and look for references from other clients.

Ask Questions: Once you’ve narrowed down your list of potential attorneys, it’s important to ask questions. Ask about their experience in elder law, their familiarity with the laws and regulations that affect seniors, and their approach to client service.

Meet In Person: Once you’ve chosen a few potential attorneys, it’s important to meet with them in person. This will help you get a better understanding of their background and qualifications, and ensure that you feel comfortable working with them.

Check References: Ask for references from other clients, and make sure to follow up on them. This will help you get an idea of how the attorney has worked with other clients in the past.

Ask For an Estimate: It’s important to get an estimate of the attorney’s fees before you hire them. This will help you make sure that you can afford their services.

By following these steps, you can make sure that you find the right elder law attorney for you and your family.

Contact Us

If you or a loved one are facing legal issues related to aging, we can help. At SBEMP, we specialize in elder law and are knowledgeable about the laws and regulations that affect seniors. We understand the unique needs of seniors and their families, and we work to ensure their rights are protected.

If you have any questions about elder law or would like to schedule a consultation, please don’t hesitate to contact us. We’d be happy to answer any questions you may have and provide the legal advice and guidance you need.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

KNOW YOUR PARENTAL RIGHTS

Brief Overview of Special Education Law & the IEP Process
by Peter Nolan

Parents of children with disabilities between the ages of 3 and 21 have important educational rights protected under the law. The Federal Individuals with Disabilities Education Act (IDEA) provides for procedural safeguards with regard to the processes involved. Specifically, families with special education children have the right to:

•Have their child assessed to determine eligibility and needs;
•Access, inspect, review and obtain copies of school records pertaining to their child
•Attend an annual “individualized education program” (IEP) meeting and develop an IEP plan with their school district; and
•Resolve disputes with the school district through both administrative and legal process.

Most importantly, parents must be given the opportunity to participate in the decision-making process regarding their child’s special education program. Parents have the right to participate in IEP meetings about their child’s eligibility, assessment, educational placement and other matters relating to their child’s free appropriate public education (FAPE).

To effectively protect their educational rights, parents need to be informed of the basic special education process under IDEA.

Step 1 – Child must be identified as possibly needing special education and related services. Schools engage in “Child Find” activities to assist in identification, but parents
may also ask to have their child evaluated.

Step 2 – Child is evaluated.

Step 3 – Eligibility is determined.

Step 4 – IEP process takes place. The process includes notification of parents, scheduling of meetings, and the development of the child’s IEP. During this process, the parents may express their concerns or disagreements directly with the IEP team.

Step 5 – Services are provided. The program laid out in the child’s written IEP is then
implemented.

Along the way, the child’s progress is measured and reported to the parents. At least once a year, the IEP is reviewed and modified as necessary. Each child is reevaluated at least every three years.

Although forms will vary from one school district to another, every IEP should include the same information. That is:
•Current educational status
•Goals and objectives
•Instructional setting or placement
•Transition services (if the child is 16 or older)
•Due process

As a parent of a special education child, you have the right to take any dispute you have with your child’s school district to a neutral third party for resolution.

For more information on the IDEA, the IEP process and your rights, contact your local school district, California Department of Education Special Education Division, U.S. Department of Education’s Office of Special Education and Rehabilitative Services, or contact us at SBEMP to discuss your child’s individual situation and see how we can protect your family’s rights.

CASE ALERTS

Disability Law Center of Alaska v. Davidson

Summary: In March, 2018, the Disability Law Center of Alaska and minors R.S. and J.S., represented through their parent Kikona Savo, sued Commissioner of the Alaska Department of Health and Social Services, Valerie Davidson, and the State of Alaska, Department of Health and Social Services. The defendant’s motion for summary judgment was denied on grounds that plantiff, Davidson, did not inform the defendant on how to apply for applied behavioral analysis (ABA), did not reimburse ABA under the program, or provide ABA services in reasonable time. This case is yet another example of the importance of ABA programs and knowing the rights of special needs minors. Click here to learn more.

Green v. Green

Summary: Molly Green, after the death of her husband, filed a restraining order against stepson, Holden Green, in 2014. The Superior Court issued a one year protective order to Molly Green. Once the one year period had passed, Molly renewed the restraining order for another five year period in 2015. Holden then filed three separate appeals, claiming the initial restraining order was unqualified, and that the extension of the order and awarding of Molly’s attorney fees and costs were both unnecessary. The California Court of Appeal for the Sixth Appellate District ruled in Molly Green’s favor, affirming the renewal order. Click here to learn more.

Did You Know?

Families with 529 accounts can now transfer, at a rate of $15,000 annually, to an ABLE Act account for their child with special needs. Before doing so, families are encouraged to consult with their tax professional to fully understand the associated tax consequences.

ABLE Act beneficiaries who work are able to contribute part of their income (i.e., up to the Federal Poverty Level, $12,490.00) on top of the annual funding of $15,000.00.

It is permissible for a SNT Trustee, where the language contained therein supports the same, to fund an ABLE Act account for the SNT beneficiary up to the annual $15,000.00 allowance.

With locations in Palm Springs and Indian Wells, California; New Jersey, New Jersey; and Manhattan, New York, SBEMP’S Special Needs & Elder Law Department is comprised of attorneys with decades of experience in a broad range of issues the cover the lifespan of needs for the special needs and elderly population. SBEMP’S Special Needs & Elder Law Department’s experience includes: health care insurance, short-term and long-term disability insurance, Medicaid, Medicare, special needs trusts, trust administration, estate planning & administration, guardianships and conservatorships, elder law, and special education .

KNOW YOUR PARENTAL RIGHTS

Brief Overview of Special Education Law & the IEP Process
by Peter Nolan

Have their child assessed to determine eligibility and needs;
Access, inspect, review and obtain copies of school records pertaining to their child
Attend an annual “individualized education program” (IEP) meeting and develop an IEP plan with their school district; and
Resolve disputes with the school district through both administrative and legal process.

To effectively protect their educational rights, parents need to be informed of the basic special education process under IDEA.

Step 2 – Child is evaluated.

Step 3 – Eligibility is determined.

Step 5 – Services are provided. The program laid out in the child’s written IEP is then implemented.

Although forms will vary from one school district to another, every IEP should include the same information. That is:

Current educational status
Goals and objectives
Instructional setting or placement
Transition services (if the child is 16 or older)
Due process

As a parent of a special education child, you have the right to take any dispute you have with your child’s school district to a neutral third party for resolution.

CASE ALERTS

Disability Law Center of Alaska v. Davidson

Green v. Green

Did You Know?

ABLE Act beneficiaries who work are able to contribute part of their income (i.e., up to the Federal Poverty Level, $12,490.00) on top of the annual funding of $15,000.00.

It is permissible for a SNT Trustee, where the language contained therein supports the same, to fund an ABLE Act account for the SNT beneficiary up to the annual $15,000.00 allowance.

Do you or a loved one have a disability and need to plan for your future?

The National Academy of Elder Law Attorneys (“NAELA”) has designated October as National Special Needs Law Month. NAELA wanted to spotlight special needs law to help spread the word to people with disabilities and their families that there are attorneys who specifically focus on helping them with a wide variety of legal needs, including becoming qualified for government benefits.

For needs based government benefits programs such as Medicaid or SSI, the applicant must satisfy income and asset restrictions. One way a special needs lawyer can help an applicant meet the restrictions for the assets test is to create a special needs trust. There are two types of special needs trusts. A special needs trust that is established using the money of the person who has a disability (1st party trust) or a special needs trust that is established by another person, with their money, for the benefit of the person with a disability (3rd party trust).

One of the important distinctions between a 1st party special needs trust and a 3rd party special needs trust is that a 1st party trust has a Medicaid payback provision and a 3rdparty trust does not. This distinction is crucial for family members who want to leave the person with a disability an inheritance to understand. (An inheritance can greatly enhance the quality of life for a person with a disability by making things such as additional therapies available, but an unplanned inheritance can potentially disrupt the quality of life by threatening the continued receipt of much needed government benefits). An attorney familiar with special needs law can assist the family members in planning ahead for inheritances by including the appropriate 3rd party special needs trust provisions in their estate plans.

Using special needs trusts in estate plans is just one example of the ways in which an attorney with knowledge of the special needs area of the law can help people with disabilities and their families. There are many other ways that an attorney with this knowledge can be of assistance in planning for the present and future wellbeing of the person with a disability.

SBEMP’s Special Needs & Elder Law practice group provides representation and advocacy for individuals and families with special needs due to disability or age, providing a broad range of services, including; but, not limited to the following:

Special needs trusts (SNT)
- A First Party or Self-Settled (a.k.a., d(4)(A)) SNT is funded with the assets of the individual with special needs, which typically come from settlement funds derived from a medical malpractice or personal injury lawsuit or assets the individual with the disability has accumulated or inherited. The purpose of creating such an SNT is to preserve current and future eligibility for means-tested governmental programs for the individual with the disability.
- A Third Party SNT is funded with the assets of family and friends (a.k.a., third parties) for the benefit of an individual with special needs.
Guardianships & Conservatorships
- A Guardianship or Conservatorship of the Person grants powers to the guardian over the incapacitated individual to make decisions regarding everyday matters such as medical care, residency and living arrangements, education, employment, and recreational activities.
- A Guardianship or Conservatorship of the Estate or Property grants powers to the guardian to exercise decision making with regard to the incapacitated individual’s finances.
Trust, guardianship, and conservatorship accountings
Access to federal and state disability based programs
Medicaid planning
Medicaid, Medicare, and private health insurance coverage
Special Education

Valerie A. Powers Smith handles special needs and elder law matters for the firm.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

Special Needs Trusts

Most parents want to leave assets to their children when they die. If an individual with a significant cognitive disability receives assets, they may not have the capacity to make good decisions about how those assets are used and they may become ineligible for important federal and state resources and services. The individual can lose Social Security Income (SSI) and Medicaid and the assets may also be subject to recoupment by Medicaid (a.k.a., Medi-Cal) or by the State if the individual is receiving residential services.

Upon realizing this, parents decide to disinherit the child with disabilities, leaving everything to the non-disabled children with verbal instructions to use part of the inheritance for the benefit of the sibling with disabilities. While this may appear to be a good idea, it can have equally negative results.

For example, the non-disabled child may not use the inheritance on their sibling’s behalf, and is under no legal obligation to do so. Even if the non-disabled sibling uses the assets exactly as the parents intended, they can be claimed by creditors, can have negative tax consequences on the non-disabled sibling, and can be subject to equitable distribution in the event of divorce.

Avoid Negative Consequences

To avoid these negative consequences, it is recommended that parents establish a special needs trust. A special needs trust can protect the assets while; at the same time, making the assets available to protect and enrich the life of the person with a disability without jeopardizing benefits available from the government. A special needs trust is a unique legal document that contains a set of instructions describing how assets placed into trust will be administered on behalf of a person with a disability. It must be carefully worded and is best written by professionals familiar with disability services and programs.

Parents and other family members can use a special needs trust to hold assets for a disabled person. Even families with modest assets should establish a trust; typically, such trusts are not funded until one or both parents die. A special needs trust can be funded through life insurance or estate assets distributed through one’s Will. So long as the assets have never vested in the person with a disability, the special needs trust need not contain a provision reimbursing Medicaid and other providers.

Trust Funds Law

Trust funds can be used to purchase independent professional opinions as necessary, fill in gaps in services, provide additional recreation and other amenities, pay for a private residential placement or buy a vehicle used to transport the beneficiary of the trust.

At the death of the beneficiary, any remaining trust property is disposed according to the instructions written in the trust document by the donor. For example, property might go to other family members or to a charity. SBEMP, LLP frequently works with families to establish special needs trusts as part of their estate plan.

The governing regulations for special needs trusts can be found at 42 U.S.C. § 1396p.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

Are you saving for your child’s education? Did you know that saving money in a traditional 529 account can cause ineligibility problems for your child with special needs?

While before it was not advisable to do so, now, parents of children with special needs can save for the educational needs of their child with special needs, without causing the unintended ineligibility problem that 529s present.

In December 2014, the Achieving a Better Life Experience Act of 2014 (ABLE Act) won final congressional approval and was signed into law by President Obama. The ABLE Act is built on the foundation of the current 529 education savings plans that help families save for college. In the case of ABLE, families now have a tax-deferred savings vehicle to save for the care of people with disabilities.

The National Disability Institute estimates there are 58 million individuals with disabilities in the United States. Many of these individuals will qualify for ABLE accounts.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.

If you or a loved one has special needs, you may want to help get them a special needs trust. However, before going out and trying to get one, you first need to understand what it is. A special needs trust is a certain amount of funds which help to improve the quality of life for those living with special needs. (more…)