|
ARCHIVED
ISSUE VOL.1, NO.1, FEB '04.........Click
here for our current issue
|
|
Vol.
1, No. 1 February 2004 |
| |
|
|
|
Federal
and State laws affecting the lives of children and adults
with disabilities, and seniors, are complex and always changing.
Special legal services are needed in order to protect rights
and insure that access to services and programs are maximized.
Hinkle & Fingles can help. |
| |
What
is a Special Needs Trust?
by
Herbert D. Hinkle, Esq.
Frequently,
we are asked about special needs trusts. We have drafted
more than 3,000 such trusts which we prefer to call "a
trust with limitations," because many of the so-called
"special needs trusts" that we have seen over
the years are unsuited for their intended purposes: protection
of a person with a disability and preservation of eligibility
for services.
A
trust is a legal document that contains a set of instructions
describing how assets placed into trust will be administered.
A trust can be established in a Will, or it can be a separate
document that is sometimes called a “living trust.”
This
article decribes several issues to keep in mind when setting
up a trust for a person with disabilities.
read
more
|
|
|
If
you would like to submit questions for consideration in this column,
please
the law offices. |
|
Subscribe
to
this
newsletter
Receive The
Law and Disability e-newsletter each month via email.
Each edition
contains new information related to living with disability or
caring for a loved one with disabilities.
|
|
Advice
for Siblings
by
S. Paul Prior, Esq.
The
relationship between siblings is long lasting, usually lasting longer
than the one between a husband and wife or a parent and child. When
one sibling is disabled, the relationship can be bewildering and
stressful for the other sibling. It can also be a source of tremendous
embarrassment for younger siblings. Later, as children mature they
begin to wonder who will care for their sibling when parents are
gone, and whether they will be required to financially support and
care for their sibling. These feelings are natural and must be addressed.
Parents
also need to plan for the future so that siblings can be assigned
useful but not unrealistic or overwhelming tasks.
read
more
|
|
|
Improving
Accountability
Keep a log of phone calls with service providers
in your son or daughter' s life. Record the date and time of your
calls, and include a note indicating who you spoke to and what follow-up
was agreed to. It will make it much easier to track your efforts
and can help ensure increased accountablity.
|
Obtaining
Evaluations From Your School District
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
The
evaluation of a child with a disability greatly affects the special
education process. Evaluations can make the difference between a
good IEP and a bad IEP. They can also influence the child’s
educational placement. However, the parent can sometimes disagree
with the evaluations conducted by the school district.
read
more
|
