What is Special Needs Law?
Although there is no uniform definition of “special needs,” the phrase describes individuals with a wide variety of physical or mental conditions who may require legal support. That support may mean they need protection from ne’er-do-wells who would take advantage. It may mean they need access to public benefits or any number of other types of assistance. Frequently, parents and grandparents are concerned about how their children and grandchildren will be cared for after the parent’s or grandparent’s death. They will want to plan in advance to protect their special needs loved one.
There is no one-size-fits-all way of planning for individuals with special needs. It requires consideration of the child’s strengths and weaknesses, his or her abilities and inabilities including whether decision-making support is necessary. The goal is to enhance the child’s well-being, giving him or her the best chance for a normal, independent life. Because every child is different, every special needs plan will be different as you plan for him or her and those who will assist your child.
The Special Needs Alliance is a peer-reviewed group of attorneys who serve the special needs community. They describe special needs law as follows:
Special Needs Trusts and Wills.
Special needs law attorneys are experienced drafters of special needs trusts (SNTs) and wills for individuals with special needs. Their understanding of this discipline will help to provide long-term financial security and a responsible disbursement of assets through the drafting of wills.
Medicaid, SSI and Entitlement Program Eligibility.
Personal injury awards and structured settlements may compromise an individual’s ability to access public benefits such as Medicaid and Supplemental Security Income (SSI). Plaintiff attorneys can partner with a Special needs law attorney to discuss ways to protect those benefits for their clients.
Estate, Trust and Tax Planning for Individuals with Disabilities and their Families.
Many Special needs law attorneys are also tax professionals. They can bring their understanding of law and accounting to clients in need. You can work with a Special needs law attorney to best determine how to maximize deductions without compromising estates and trusts.
Financial Planning and Legal Assistance for Individuals with Disabilities.
Special needs law attorneys offer a full suite of financial and legal assistance for individuals with special needs, including drafting demand packages, settlement negotiations, Probate Court appearances and motion filings.
Guardianships and Conservatorships.
Guardianships, conservatorships, and the many available alternatives are a significant part of our members’ practices. Special needs law attorneys are adept at establishing, defending, and administering a guardianship or conservatorship whenever necessary to meet the needs of a family member who is elderly or has a disability.
Assistance with Personal Injury/Medical Malpractice Settlements.
With a dedication to disability and public benefits law, as well as strong relationships with financial institutions, Special needs law attorneys are well-equipped to assist personal injury attorneys in matters involving individuals with special needs.
Trust and Estate Distributions and Fiduciary Accountings.
Special needs law attorneys understand the complexities involved in distributing trust and estate monies. Their knowledge of tax regulations ensures that funds and fund transfers are handled properly.
Estate and Trust Administration.
Since Special needs law attorneys are familiar with the unique daily issues faced by individuals with disabilities, they are well equipped to act as third-party administrators for an estate or trust. Their insights can offer peace of mind to families and caregivers.
Health Care Decisions and Advance Directives.
Special needs law attorneys frequently confront the issue of personal control of health care decision-making as it pertains to clients who are elderly or have a disability. They are familiar with the issues and problems facing these clients as they plan for their long-term health care.
A Nationwide Network of Special Needs Attorneys
EZ Elder Law’s goal is to connect you to experts. We want you to know about the Special Needs Alliance. The Special Needs Alliance is a nationwide network of attorneys. It is an invitation-only, peer-reviewed group, whose members specialize in assisting individuals with special needs.
At EZ Elder Law, our goal is to answer your questions about all of these issues. We’re just getting started, so give us time. In the meantime, if you have questions, send them to websupport@ezelderlaw.com.
Resources:
- Download Whitfield County Schools Resource Guide for Parents (Word format)
- Special Needs Planning Guide
- Special Needs Roundtable
- Achieving Independence YouTube Channel
Special Needs Posts
Service Animals and the ADA
Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled by their handler or if they are not house broken. See Title II, Section 35.136. Usually service animals must be harnessed, leashed or tethered unless the individual’s disability prevents using those devices or unless it […]
Americans with Disabilities Act of 1990: The Basics
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (“ADA”), a comprehensive civil rights law prohibiting discrimination on the basis of disability. The law was amended on September 25, 2008, when President George W.Bush signed into law the Americans with Disabilities Amendments Act of 2008 (ADA […]
Can Homeless Individuals with Mental Illness be Arrested for Sleeping Outdoors?
In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. This decision followed the City of Grants Pass’ adoption of an ordinance restricting homeless individuals from camping […]
Special Needs Alliance publishes new Disability Handbook
Recently the Special Needs Alliance published a new handbook for individuals with disabilities and their advocates. The SNA states: “The intent of this handbook is to explain some of the terms related to services and supports for people with disabilities, to introduce the process of transitioning from child services to adult services, and to provide […]
NDI Webinar: Seeing Eye Dog and Therapy Animal Services
On Thursday, August 17th, 2023: 12 noon – 1 p.m. ET, the National Disability Institute will host a webinar on Seeing Eye Dog and Therapy Animal Services. The announcement says participants will learn more from Don McGowan, a volunteer at The Seeing Eye and Nancy George-Michalson, Executive Director of New York Therapy Animals, Inc., about […]
North Georgia Autism Conference
The 8th Annual North Georgia Autism Conference will be held October 27, 2023 at the Dalton Convention Center (2211 Tony Ingle Parkway, Dalton, Georgia 30720). Keynote speakers are Rodney Kellum and Stephanie O. Hubach. Register for the conference at HamiltonHealth.com/autismconference
Approving Settlements for Minors
In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3, at least in cases where the trial court approves direct payment to a trust. Prior to passage of HB 620, Section 29-3-3 read as follows: 2021 Version For purposes of this Code section, the term […]
Exploring the World from a Wheelchair
I recently met with Mr. David McGuffey at his office in Dalton, GA to make my blog, Curb Free with Cory Lee, an LLC. I am a powered wheelchair user and I work hard to spread the word about wheelchair accessible destinations all over the world. Mr. McGuffey helped to ease my mind and make […]
Are Pooled Special Needs Trusts Subject to SEC Regulation?
On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange Commission v. Synergy Settlement Services, Inc., et al., Case No. 6:22-cv-820-WWB-DCI. The motion before the Court was to dismiss the action. The motion was denied with the Court indicating it should at least move tot […]
Pooled Trusts Currently Authorized to Provide Trust Services in Georgia
As of this writing, the following pooled trusts are authorized by the Department of Community Health to provide trust services in Georgia: Georgia Community/Trust/Bobby Dodd Institute Anita Gardner Decatur, GA 404.809.2914 Anchor For Special Needs, Inc. Annie Warner Cincinnati, OH 844.526.2467 Advocates and Guardians for the Elderly & Disabled (AGED) Thad A. Joseph Longwood, FL 888-277-1826 The Center […]
