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
Planning for Adult Children with Disabilities
Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who became disabled prior to age 22. Most begin with Supplemental Security Income, which is a monthly cash payment for individuals with limited income and few resources. Because a parent’s income and resources are usually deemed available to the child, SSI […]
The ARC Fights to Protect Medicaid
Medicaid is critical for individuals with special needs. It pays for things no one else will pay for and it has recently come under fire. The Arc is working to protect Medicaid for its constituents. It is activating advocates to protect services for the disability community. It is also seeking donations to further its efforts. […]
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 […]
ABLE Accounts
The Achieving a Better Life Experience (ABLE) Act of 2013 (S. 313/H.R.647) was introduced in the 113th Congress by a bipartisan group of Congressional Champions that included Sens. Robert Casey, Jr. (D-PA) and Richard Burr (R-NC), and Reps. Ander Crenshaw (R-FL), Chris Van Hollen (D-MD), Cathy McMorris Rodgers (R-WA) and Pete Sessions (R-TX). The ABLE […]
Elder Law and Special Needs Law News Roundup – 10-21-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 10-14-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 9-16-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Articles – Week of September 9, 2022
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
Elder Law and Special Needs Law News Roundup – 9-2-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Articles – Week of September 2, 2022
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
Elder Law and Special Needs Law News Roundup – 8-26-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Can I get paid to be a caregiver for a family member?
The answer is, yes, maybe. At USA.gov, there are tips for caregiver support including links to programs that could pay you to serve as a family caregiver. That site offers the following insight: A caregiver helps a person with special medical needs in performing daily activities. Tasks include shopping for food and cooking, cleaning the […]
Alternative Baseball®
Recently we received an unsoliticed email regarding Alternative Baseball®, which originated in Dallas, Georgia, and we decided to republish it here. If you have any interest in participating, contact information is below. Greetings! My name is Taylor Duncan! I am 26 years old and I have autism. I am also the Founder and President of […]
Elder Law and Special Needs Law News Roundup – 8-19-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Articles – Week of August 19, 2022
We regularly scour the internet looking for information relating to elder care, special needs and elder law. Although we review a number of sources collecting information, many of the articles listed here were found using Google Scholar Alerts. If a link you need has gone missing, try pasting the link into the Wayback Machine (Internet […]
Elder Law and Special Needs Law News Roundup – 8-12-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Living in your head (aka social media) instead of the real world can be dangerous
In this day and age, people are glued to their smart phones and other electronic devices. They hardly look up and old time family dinners are often a thing of the past. Alternatively, people binge watch TV or spend significant time playing video games. None of these activities require or encourage interaction with the real […]
Who can represent me in a special education case?
Children with special needs have a right to a free appropriate public education (FAPE) in the least restrictive enironment. Information regarding the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 is available at Parent2Parent of Georgia and the U.S. Department of Educations’s IDEA website. Because I know him, […]
Elder Law and Special Needs Law News Roundup – 7-22-2022
We regularly post links to news articles and other resources that related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles […]
Elder Law and Special Needs Law News Roundup – 7-1-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 6-24-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 6-17-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 6-10-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 6-3-2022
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
Elder Law and Special Needs Law News Roundup – 5-13-2022
We regularly post links to news articles and other resources that related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles […]
News Roundup – 5-6-2022
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
News Roundup – 4/15/2022
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
News Roundup – 4/8/2022
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
News Roundup – 4/1/2022
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
News Roundup – 3/4/2022
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
News Roundup – 2/25/2022
February is American Heart Month! Read President Biden’s Proclamation on American Healrth Month 2022 We regularly post links to news articles and other resources we believe might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. […]
News Roundup – 2/18/2022
February 18th is National Caregiver’s Day! General News Sources: Will Social Security run out of money? Here’s what could happen to your benefits if Congress doesn’t act Georgia AG Carr Warns Georgians to Beware of Romance Scams | FBI Warning North Macedonia President Walks Girl With Down’s Syndrome To School After She Was Bullied What […]
News Roundup 2-4-2022
NOTE: If you have a Georgia corporation or limited liability company, your annual return is due by April 1, 2022. General News Sources: Dog Aging Project is looking for more participants National Black (African American) History Month: February 2022 (Census) Tricare coverage and Medicare explained Growing elder populations require more services, awareness NAIC Comments on […]
News Roundup 1-21-2022
General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]
News Roundup 1-3-2022
Estate Planning and Estate Tax News: The simple four step guide for estate planning How to get your affairs in order Making legal plans after dementia diagnosis Opinion: When faced with death, people often change their minds Trust or Will? How to navigate what’s best for your family Basics of Estate Planning and Your Digital […]
Form: Special Needs Planning Guide
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 […]
Medicare Supplement Policies for Individuals Under 65
In Georgia and 26 other states, insurers that sell Medicare supplement insurance must also sell those policies to individuals under 65 who receive Medicare as a result of disability. Specifically, O.C.G.A. § 33-43-3(g) provides: Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement […]
News Roundup – December 16, 2021
General Sources: Autism Society’s Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven by Federal Spending in Response to Covid-19 (Health Affairs) House Advances Build Back Better Act (Health Affairs) Indirect Gift Tax Considerations for 2021 (The Tax Advisor) Smart moves to make with your retirement portfolio before […]
Arc of the United States Virtual Program Library
The Arc of the United States has posted more than 40 video programs designed to provide online activities for individuals with disabilities, their families and service providers. Topics include arts, community and life skills, health and wellness, virtual clubs and more. Click here for more information.
News Roundup – December 8, 2021
General News Sources: NAELA member Janet Colliton, CELA, wrote Eligible Charity Distribution can reduce taxes Lack of special ed teachers keeps some autistic students ill-prepared for college Bob Dole remembered as champion for people with disabilities If you have a child with special needs, here’s how to plan for their life after you pass What […]
Olmstead Decision
The Olmstead case was brought by two Georgia women whose disabilities include mental retardation and mental illness. At the time the suit was filed, both plaintiffs lived in State-run institutions, despite the fact that their treatment professionals had determined that they could be appropriately served in a community setting. The plaintiffs asserted that continued institutionalization […]
