An integral part of our practice involves planning with the assets of individuals who are disabled or have special needs. These individuals are usually persons who have developmental disabilities, mental illnesses, or who suffer from other severe and chronic or persistent disabilities. We commonly refer to these individuals as supplemental needs beneficiaries and the primary…

I recently received a frantic telephone call from someone whose sister suffered a stroke and was admitted to a hospital. Upon admission, the facility asked if there was a health care proxy appointing an agent to make medical decisions on the patient’s behalf. The sibling answered in the negative. As a result, the hospital refused…

Nearly every aspect of estate planning and elder law requires an attorney to assess a client’s legal capacity. As elder law attorneys, we are regularly working with individuals who have some form of cognitive impairment such as dementia or Alzheimer’s Disease. A common assumption is that someone with dementia or Alzheimer’s cannot sign a Last…

PLANNING FOR THE NEEDS OF A DISABLED PERSON According to the Centers for Disease Control and Prevention (“CDC”), approximately 20% of U.S adults are disabled. A growing number of people between the ages of 45 and 64 are becoming disabled. Some argue that the recent economic downturn, coupled with caring for adult parents and young…

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