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…
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…
This is the second part of a 2-part series about Senate Bill 19 in New Mexico. The second part will discuss the effect of the changes the new provisions of Senate Bill 19 has on the Guardianship and Conservatorship statute…
The Update on Special Needs Planning Seminar was held on Wednesday, April 11, 2018 in Albuquerque, New Mexico. The seminar was hosted at the New Mexico Society of CPAs from 3:00pm to 5:00pm. Presented by: Pregenzer, Baysinger, Wideman &…
This is the first part of a 2-part series about Senate Bill 19 in New Mexico. The first part will discuss the new provisions of Senate Bill 19. Senate Bill 19, sponsored by Senator White, passed and was approved by…
Lawyers have an ethical responsibility to provide pro bono services to indigent or other deserving clients. Rule 16-601 says that a lawyer should aspire to at least 50 pro bono publico (“for the public good”) legal services per year. “For…
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…
About 6 million kids in America 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…
The Special Needs Trust Fairness Act (SNTFA) was signed into law by President Obama, after being approved by the House and Senate, in 2016. While Special Needs Trusts have been since the Omnibus Reconciliation Act was passed in 1993, there…
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…
As usual, the answer is, it depends. Special Needs Trusts (SNTs) are a way to save money for disabled persons that do not risk a person’s eligibility for government funded programs, such as Medicaid and Supplemental Security Income (SSI). There…
Posted on July 5, 2016 by The Arc. To read the original article, please click HERE. By Wendy H. Sheinberg, CELA written…
Last week I received an email from the new President of the Board of Directors of the National Elder Law Foundation (NELF). As a Certified Elder Law Attorney (CELA) myself, his words struck a chord with me. As CELAs, we…
March is Developmental Disabilities Awareness Month! While many advances have been made for people with developmental disabilities, there is still a long road ahead. In the Special Needs Alliance article, Robert B. Fleming, discusses advances and setbacks surrounding developmentally…
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…
When you think of a 529 plan, you probably think of the 529 college-savings plan. Well, there’s a new 529 plan available now – the 529 ABLE (“Achieving a Better Life Experience”) account. The 529 ABLE account will provide eligible…
What is Guardianship? The court approved process of appointing a person or agency to act on behalf of an incapacitated adult who is unable to manage some or all aspects of his or her care. What is Conservatorship? The court…
The Disability Military Child Protection Act 2015 was signed by President Obama December 19, 2014. Congress is allowing members of the military to name special needs trusts as the beneficiaries of Survivor Benefits Plans (SBP). What does this mean for…
In September, 2015, testimony was heard about the ABLE Act by the Legislative Committee on Disabilities of the New Mexico Legislature, and the members of that committee present voted to support passage of an ABLE Act for New Mexico. On Nove
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…
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…
There are many resources available to help 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…
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…
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…
We learned about Paws and Stripes when they received an award for best new nonprofit in 2013. They have been in business since 2010 in Albuquerque. We need to recognize the number of disabled veterans that have returned from the…
I attended a spring “boot camp” of the Special Needs Alliance last weekend. I have been a member of this organization since 2002. It is an invitation-only professional organization of lawyers who have expertise in planning with families who have…
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