Trust Administration: A Vital Consideration

By: Valerie A. Powers Smith, Esq.

The administration of a trust involves the funding, investing, and managing of assets in a trust for the benefit of another – often, a person with a disability. It also involves receipt and disbursements of assets for the benefit of the beneficiary of the trust.

• Who can be a trustee?
• What are the main duties of a trustee?
• Why is proper trust administration important?
• Who oversees or ensures the trust is correctly administered?

Click here to read the full article.

Differences Between Extended Day Services and Aftercare Programs

By: Hillary D. Freeman, Esq.

Parents often look for services for their son or daughter outside of school hours. It is important to know the difference between 'extended school day programs' and 'after care programs' and what qualifies a student with special needs for extended day programs in order to ensure he or she receives appropriate services.

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Recent Legal Victories

Educational Placement and Determination of District of Residence in Exigent Circumstances

• The firm prevailed in the Appellate Division of the New Jersey Superior Court on behalf of A.S. v. Margate Board of Education, securing an educational placement in Margate for the child of a relocated military family. The case, involving the family's frequent relocation both within the United States and abroad, the tragic death of the child's mother, the continuing military service of the child's father, and the heroic efforts of the child's grandparents to secure a stable educational placement, was precedent-setting and closely watched in the education law community. The case concerned the process by which a student's school district of residence is determined and the court's decision will have an impact far beyond the student at issue in the case. The ruling opens the door to children being enrolled in New Jersey school districts even if they do not reside within the district, or even within the state, if exigent circumstances threaten to deprive the child of education altogether.

DDD Out-of-State Placement Ordered

• The firm successfully argued in Administrative Court on behalf of a 22-year-old woman with complex developmental disabilities for a placement at the Institute for Developmental Disabilities, Inc. ("IDDI") in Massachusetts. The woman had aged out of her current placement in New Jersey, and the New Jersey Division of Developmental Disabilities (DDD) denied the placement, arguing it has a policy against out-of-state placements and should be allowed more time to develop a placement in New Jersey. The ALJ ordered DDD to place the woman at IDDI since it was the only program available that was capable of meeting her needs.

DDD Eligibility Established for Adult with ASD

• The firm successfully represented an elderly man with an autism spectrum disorder who had been denied eligibility for DDD services. The firm was able to demonstrate that the man met DDD's eligibility criteria, and avoided a formal hearing. With his eligibility established, the firm is now working to secure appropriate services for him.

Eligibility for EPSDT/PDN Program

• The firm successfully advocated for Medicaid EPSDT/PDN services for a 18-year-old girl with severe disabilities after Medicaid denied the services. While preparing for the appeal at a Medicaid Fair Hearing, and in review of medical documentation provided to support the appeal, DMAHS/Medicaid reconsidered its original decision, and the client was authorized to receive the medically necessary services recommended by her treating physicians.

Medicaid Private Duty Nursing Services Initiated for Boy with Profound Disabilities

• The firm successfully litigated a case granting 16 hours per day, 7 days a week of Medicaid private duty nursing services to a four year old Middlesex County boy with spastic quadriparesis, neurological impairments, cerebral palsy, severe brain damage, seizure disorder, epilepsy, microcephaly, and several other serious medical disorders.

Social Security and Medicaid Eligibility Challenges

• The firm recently represented a young man with disabilities who had been denied Social Security benefits based on the Social Security Administration's finding that he did not have a disability. At the hearing, Attorneys from Hinkle, Fingles & Prior persuaded the Administrative law judge to grant full eligibility for services.

• The firm assisted a young man with neurological impairments, mild mental retardation, osteopina, and epilepsy, and successfully reversed a Social Security Administration overpayment assessment that caused him to lose his eligibility for SSDI.
• The firm was successful in establishing SSI and Medicaid eligibility, as well as SSDI eligibility, for 39-year-old woman whose diagnosed multiple sclerosis significantly impaired her ability to continue working.

Layoff of Woman with Depression Results in Favorable Retirement Arrangement

• As a result of the firm's intervention, a 56-year-old woman diagnosed with depression who had been laid off by her employer, obtained a more favorable severance and retirement package.

Community Service

Herbert D. Hinkle, Esq. has been appointed adjunct professor at Rutgers Law School, where he will be teaching courses in Estate Planning, Trusts and Trust Administration, and Tax.

New in Print:
Health Care Advocacy

Collaborating with SPAN and Family Voices, Hinkle Fingles and Prior is pleased to announce its newest booklet for families: Health Care Advocacy Across the Lifespan – What Parents of Children with Disabilities Need to Know.

In addition, the firm will be working with SPAN to host a series of workshops for family members this spring. Check our workshops calendar for more details.

The booklet is available at no charge. Please call 609-896-4200 for a copy, or click here to download the pdf.

Workshops & Seminars Offered at No Charge

Is your organization or parent's group in need of more information about legal issues that affect children or adults with disabilities? Each year, Hinkle, Fingles & Prior provides hundreds of workshops, seminars, and lectures at no charge to parent groups and non-profit organizations.

See our website for a list of popular topics. We can customize any presentation to meet the needs of your group. For more information, please call (609) 896-4200 or (215) 860-2100.

On-Site Guardianship and Estate Planning

Families caring for a loved one with a disability often put vital life planning on the 'back burner' – sometimes until it is too late. Through a new program, Hinkle, Fingles & Prior makes it easier for families to attend to critical issues by bringing professional services directly to them. On-Site Planning, launched in 2008, is designed to benefit both families and local provider agencies.

Click here to learn more about this innovative program. To arrange an on-site planning day for families affiliated with your program, please call (609) 890-1400 or (215) 860-2100.