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elder law resources - ABLE Accounts

In McGee v. State Dep’t of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023), Diana McGee established a special needs trust under the provisions of 42 U.S.C. § 1396p(d)(4)(A). This followed a malpractice action and settlement. Dianna suffered from short bowel syndrome, which impaired her ability to care for […]

Tennessee recently enacted 2021 Tenn. Pub. Acts. 420 (shown below) in an attempt to help Tennessee become a top trust jurisdiction. Among other changes to the trust code, this new law decreases the statute of limitations for creditors filing claims against the trust from two years to 18 months. Articles and Pages: Tennessee Trust Bill […]

estate planning

The key to successful special needs planning is preparing for the day when parents, grandparents, spouses or others are no longer available to assist the individual with special needs. There are many special needs planning guides out there, but the form below is an example you can use. We also recommend Hal Wright’s book, the […]

estate planning

Pooled Trust Subaccount Established for Individual Over 65yo. An 83 year old deposited $12,320 into a pooled trust in August 2008. In November 2008, he applied for Medicaid. His application was denied. The parties stipulated the trust complied with 42 USC 1396p(d)(4)(C), but the Department took the position a transfer penalty should be applied. The […]

The Special Needs Alliance (SNA) is a national organization comprised of attorneys committed to the practice of disability and public benefits law. Individuals with disabilities, their families, and their advisors rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena. The SNA is an invitation-only organization. […]

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