Special Needs News

In the recent case of In the Matter of the Civil Commitment of D.E., a person who was committed to inpatient mental health care challenged her commitment and won because the hospital had not produced “clear and convincing evidence” of her being a danger to herself or others, despite a less than ideal discharge plan.  The appellate division took on the case despite the fact that she...

When a minor who has disabilities reaches age 18 and is incapacitated, their parent or custodian will typically file for Guardianship. In some cases, the minor has assets under Court control that are held in a guardianship court account through the county Surrogate. These might be assets that were received through a prior personal injury lawsuit award or settlement, or assets that the  minor...

To make sure that your personal health care advocates can have access to your Protected Health Information (“PHI”)  and your treating health care personnel, it’s particularly important that you sign HIPAA authorization forms and put them into the chart at the hospital, clinic, rehab center, nursing home or doctor’s office. Our practice is to provide these forms when our...

Every day, families are struggling to care for their loved ones at home. The patient may be young with severe disabilities, special needs and nursing needs, or may be aging and unable to live alone due to dementia, confusion or physical weakness. The patient may be dependent on complex durable medical equipment such as  a ventilator, and may require frequent attention from trained attendants,...

I discussed in a previous post that increasing numbers of individuals with intellectual disabilities are living into their 60’s. What is now being seen is that the aging process for that child — including diseases of old age such as dementia — may start occurring when they are in their 50’s. The parent(s) may be in their 70’s or 80’s, with health care...

A Special Needs Trust is a type of first-party trust that is often used to preserve a lump sum benefit for a low income disabled person under age 65, who needs the support of Medicaid and Supplemental Security income (SSI). Often one thinks of the these trusts in connection with someone who is on SSI because they are disabled and have not worked, such as a person with developmental...

On February 20th, the federal Centers for Medicare & Medicaid Services (CMS) launched a new rating system for nursing homes which is based on factors that go beyond self-reported data, and will reflect auditing of self reports. Staffing levels must be reported quartely, and will be cross-matched against payroll records to verify accuracy. The use of antipsychotic medications will now be a...

Parents of children with special needs are typically aware that their child may need to be financially eligible for important governmental programs through Medicaid, SSI or the DDD. Under these programs, there is an limit on the amount of assets the child can have. These parents will often consider (1) leaving the child’s share of the estate in a supplemental needs trust, or (2) not...

A person who receives Medicaid or SSI (Supplemental Security Income) can not have more than $2,000 in countable, available resources while they receive these benefits. There are also limitations on their monthly income, and things that don’t seem like “income” can still be counted as such.  If the person is under 65 and is about to receive a lawsuit settlement, it is well...

When assets are placed into a Trust for benefit of someone (called the “beneficiary”), the terms of the Trust provide the guidance for what the Trustee can do or not do. The Trust’s terms may be broad and vague, or they may be quite explicit. More often than not, the Beneficiary is dependent upon the exercise of discretion by the Trustee, and cannot compel a distribution....