Law and Disability e-newsletter -- Offices of Herbert D. Hinkle, Esq.

ARCHIVED ISSUE VOL.1, NO.2, JUNE '04.........Click here for our current issue

Vol. 1, No. 2 June 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.

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My Child is Turning 14 This Year. What are Some of the Issues to Consider as We Plan for Transition to Adult Life?

by Herbert D. Hinkle, Esq.

Effective transition planning will give students with disabilities an edge on success in adult life. To be effective, planners need information about adult services.

It is important to become familiar with state agencies that provide adult services. In New Jersey, the agencies are the Division of Developmental Disabilities and the Division of Vocational Rehabilitation. In Pennsylvania, they are the County Mental Health\Mental retardation Agency, and the Office of Vocational Rehabilitation.

Federal law requires school districts to start transition planning with families when their child reaches the age of 14. From that point forward, the subject must be included in the IEP.

If you would like to submit questions for consideration in this column, please the law offices.

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Each edition contains new information related to living with disability or caring for a loved one with disabilities.

The Sibling as Guardian

by S. Paul Prior, Esq.

Almost all siblings of individuals with disabilities have questions and concerns regarding guardianship of their brother or sister. These questions are natural. After parents are gone, the brother or sister is the person best suited for this role. It is important, therefore, for siblings to have a basic idea of the guardian's responsibilities.

In most states, the age of majority is eighteen. As a result, in the eyes of the law, whether someone has a severe disability or not, that person is legally permitted to make his or her own decisions. Therefore, if because of a disability, a person is not capable of making his or her own decisions, then it is necessary to secure the judicial appointment of a guardian. A guardian is someone who makes decisions on behalf of another person who cannot make decisions independently.

A guardian usually has the authority to make decisions concerning living arrangements, day programs, medical care, and how to sell, trade, or invest property. However, a guardian does not have power over any assets held in trust unless the guardian is also the trustee.

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Creating a Written Record

Following a phone call or meeting with your son or daughter’s case manager, whether to a school or adult service provider, it is good practice to send a letter summarizing the discussion and decision. It can be in the form of a simple thank you letter, with the date of the conversation, the issue discussed and the decision reached. Not only are you thanking your child’s service coordinator for his/her assistance, you are creating a written record memorializing a decision or discussion

Facilitating Involvement of Family and Friends with Special Needs Trusts

by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.

Visit two residential programs in your state which serve people with disabilities. Choose one of the best and choose one of the worst. What will be different about the two programs beyond the quality of each? Both programs will serve people with similar clinical profiles. The difference then? The client in the better program will have interested family members or friends visiting them regularly. The client in the other program will seldom, if ever, have visitors.

How does this relate to a special needs trust (SNT)? A SNT is a legal instrument designed to hold assets set aside for the benefit of a person with a significant disability. If properly drafted, it will preserve eligibility for key programs like Supplemental Security Income and Medicaid and it will shield assets from government recoupment laws which apply to many services rendered.

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With offices in New Jersey and Pennsylvania, the Attorneys of Hinkle & Fingles, Attorneys at Law have many years of experience providing expert counsel and legal services to families of people with disabilities and seniors. The firm's attorneys have argued many of the precedent setting cases affecting people with disabilities in New Jersey and Pennsylvania.

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