ABLE Accounts and Special Needs Trusts serve different purposes but can be used together to give the beneficiary the most freedom and independence possible. An ABLE Account is a tool that was created by federal law (the same part of the tax code where we find 529 Education plans) to help people with disabilities save some money and be as … Read More
What is the DD Waiver and Why Does it Matter for Special Needs Families?
The DD Waiver is the Developmentally Disabled Waiver in New Mexico. It is a Medicaid program that provides services to qualifying individuals with intellectual and developmental disabilities. Often people ask what the “waiver” part means. One of the qualifying questions for the DD Waiver is whether the individual would otherwise qualify for nursing home level of care (NHLOC). If so, … Read More
Is a Power of Attorney Right for a Person with an Intellectual or Developmental Disability?
Not every person with an intellectual or developmental disability is unable to make health care and/or financial decisions. The impact and spectrum of disabilities varies widely from person to person and diagnosis to diagnosis. One person with Down Syndrome may be capable of decision-making while another may not, just as a person with autism may be capable of decision-making while … Read More
The Attorney-Client Privilege: When Does It Exist?
Much is talked about in the legal world about the “attorney-client privilege” and what exactly it entails. The rules of evidence are lengthy and complicated. Law students devote countless hours trying to figure them out and lawyers and judges routinely debate their applicability and relevance in the courtroom. The attorney-client privilege belongs to the client. Only the client can waive … Read More
Care-Taker Roles Reverse
Generally speaking we don’t plan on spending a Saturday afternoon in the local Emergency Department. However, as parents age, we as their adult children find ourselves more and more in the care-taker role, which often means accompanying them to doctor’s appointments and sometimes to the Emergency Department. As I sat with my mother and father in the Emergency Department on … Read More
3 Simple Tips for Enjoying the Holidays with Special Needs Kids
Tis the Season- Holidays can be a stressful time in general, but particularly for children with a disability such as autism, Asperger’s or a sensory processing disorder. All of the hyped-up energy, excitement and new adventures is multiplied by ten for them, and can be really difficult to handle. I have seen how the holidays can overwhelm my typically developing … Read More
7 Things You Don’t Know About a Special Needs Parent
About 6 million kids in America are Special Needs and receive special education, according to the U.S. Department of Education. One out of every 10 children under the age of 14 has some type of special need, which includes any physical, cognitive, or medical disability, or chronic or life-threatening illness. Raising a child with any disorder, condition or special need, … Read More
Medicare Eligibility After Hospital Observation Status
Hospitals must now give Medicare recipients notice when they are in the hospital under observation status. The notice requirement is part of a law enacted in 2015 but that just took effect. Signed by President Obama in August 2015, the law was intended to prevent surprises after a Medicare beneficiary spends days in a hospital under “observation” and is then … Read More
Special Needs Children – Know the Types and Know Your Rights
18.5% of American Children under age 18 are Special Needs Children. That doesn’t mean that they aren’t smart, talented or capable. Just that they have specific challenges that a “normal” student would not face. There are four major types of special needs children: Physical – muscular dystrophy, multiple sclerosis, chronic asthma, epilepsy, etc. Developmental – down syndrome, autism, dyslexia, processing … Read More
Having Difficult Conversations with Your Aging Parents
When Elder Law is a primary focuses of your law practice, you often have clients come to you to discuss their aging parents. They start seeing the signs: the yard is not being cared for the house is in disrepair and is not the neat and tidy home you are used to seeing the refrigerator is full of food that … Read More
Organ Donation – Best to Include in Advanced Health Care Directive
Organ donation can be a difficult subject to discuss with family members, and can be an even more difficult subject when family members are faced with the decision after a loved one’s death. However, donating an organ or even a whole body for scientific study, medical education. or to save the life of another can be an important part of … Read More
It’s All About Perspective – A Different Perspective From My Special Needs Daughter
How often are we sitting in traffic, running late, hitting every red light, and becoming more and more frustrated? Or maybe waiting in a line that never seems to move, or in a doctor’s office waiting room well past your appointment time? We all experience these frustrations, but we all know that getting angry or frustrated or having a melt-down … Read More
New Year Means New Beginnings and Time to Review Your Estate Plan
The New Year brings many new beginnings. We often start the New Year with good intentions and resolutions to lose weight, exercise more, curtail some of our other less than healthy habits, be kinder, more patient, travel more, and maybe complain less. But is there anything else we should be thinking about as we hang the fresh, new calendar on … Read More
Protect Yourself and Your Loved Ones From The Flu
It’s that time of year – flu season! The Centers for Disease Control and Prevention (CDC) recommend getting a flu shot annually. Please see the questions and answers below regarding flu vaccines and other vaccines. Q: Why do we need a flu shot every year when we only have to get a tetanus shot every ten years or a pneumonia … Read More
How to Talk to Your Family About Estate Planning
Discussing finances, estate planning, and end-of-life decisions is not an easy discussion to have with loved ones, but it is an important one. Often many problems in probating an estate or caring for an elderly parent or grandparent can be avoided by simply making sure that necessary conversations occur before it is too late. What should a family discuss? Here … Read More
Summary of the 2015 Legislative Report and ABLE Act
In our firm, we work with many families that include people with disabilities, and disability issues rank high on our list of top priorities. We like to keep an eye out for laws that pertain to disability issues to keep our clients informed about how it may affect them or their loved ones. Here is brief recap of the Disability … Read More
Estate Planning- Not Just for the Rich and Famous
Estate Planning- Is It for Everyone? Estate planning is not just for the rich and famous. Ask yourself this – -Do you have now or have you had a spouse/partner? -Do you have children or grandchildren? -Are they under age 18? -Are they adults that behave like children? -Do you own your home? -Do you own a vacation home or … Read More
Planning for Your Special Needs Child – Surviving Your Child’s IEP Meeting
Your child has been evaluated and determined to be in need of special educations service. Now you’ve been informed that there will be an IEP meeting for your child. This notification must be provided to you in writing and in advance of the planned meeting. Usually the school will provide you with a date and time for the meeting. If … Read More
Special Needs Resources – A Parents Best Friend
There are many resources available for parents help their special needs children in many areas. There are resources for obtaining equipment such as walkers, wheelchairs, adaptive strollers, car seats, swings, high chairs and more. There are resources for obtaining therapies and various specialized medical services. There are resources for adaptive activities and entertainment such as bowling, horseback riding, kayaking, soccer, … Read More
Special Needs Planning – For You and Your Child
Just like parenting a typically developing child, parenting a Special Needs Child is full of challenges and rewards. Milestones are anticipated and often met, but many times much later than the typical age and often with much therapy, intervention and work. While there are many books and articles about parenting children with various special needs, every child is different and … Read More
Developmental Disabilities Awareness Month
Opportunities and Misconceptions March is Developmental Disabilities Awareness Month. Owing to parent advocacy and landmark legislation, communities have become significantly more responsive to the needs of people such as my daughter, Emily, who has cerebral palsy and autism. But challenges remain, and families continue to band together throughout the U.S. to help one another, increase general understanding, and lobby for … Read More