The Latest from Susan Katzen

Protecting and providing for your children is particularly challenging if they have special needs requiring additional care to address their vulnerabilities. Structuring your estate plan to include the appropriate legal documents in the event of your death is crucial, especially when naming a guardian. Special needs children often require guardianship past the age of 18. However, if your child reaches the age of adulthood (18 years old in most states), as a parent, you need to apply for legal guardianship to make decisions on behalf of your adult child.

What do comes to mind when you hear the words estate planning? If you think of old people with many assets, you are not alone. It is a common misconception that estate planning is only something done by people who are old or rich, or both. Estate planning is actually for everyone, and the earlier in life you start planning for your future, the better.

The COVID-19 pandemic has increased awareness in the US about the need to have a will, a living will, and perhaps a living trust more than ever. Still, this knowledge is not translating into estate planning action. No matter your age or asset level, having a will is beneficial. According to a rec...

You may have put years into developing and protecting your legacy to leave for future generations. But have you thought about the impact it will have on family members who are in different stages of life after you are gone?   It's crucial that your loved ones are ready for the responsibility ...

There are two main ways to use life insurance if a special needs child is in your family. In one situation, parents may consider purchasing life insurance for their child's life, addressing the possibility of outliving them. Alternatively, parents may use a life insurance policy in a trust as part of their estate planning; knowing their child with special needs is an enormous priority to safeguard after they have died.

People who have loved ones with disabilities and need a way to save money tax-free often create a special needs trust (SNT) to supplement their loved one’s unique requirements and quality of life while continuing their eligibility for public assistance programs. In 2014, the ABLE Act (Achieving a Better Life Experience) became a second financial vehicle permitting a disabled individual to accumulate resources with tax advantages but not jeopardize key federally funded benefit programs like Medicaid and Supplemental Security Income (SSI) or Social Security Disability Income (SSDI).

Children with a wide variety of special needs (disabilities) can live more productive lives than ever before with today's medicine and health care advancements. Many scientists regard the term special needs as a euphemism for disability. Yet, the difference between the two terms is primarily one of acceptance and preference as both terms describe the four major types of disability: physical, developmental, sensory impaired, and behavioral/emotional.

Writing a letter of intent (LOI) for your special needs child can help bring them family continuity and comfort after you are gone. As a parent, the most valuable asset your child has is you and your ability to care for them. You, like no other, fully understand the nuances of your child’s coping mechanisms and what can trigger adverse outcomes.

Third-party special needs trusts sometimes referred to as supplemental needs trusts, are estate planning tools for those parents of children with mental/physical disabilities and the elderly. This type of trust will receive assets from you or another benefactor expressly for that person with a disability.

Let’s take a look at planning for disabled people to live their best lives. Family money can be carefully managed to fit the disability-benefit rules and still provide additional perks for the disabled person to enjoy. And, though the rules can be strict, disabled people are still permitted autonomy to own some money for their personal use and yet retain their valuable benefits.

While declining COVID-19 cases are good news, the end of the pandemic could mean millions of Medicaid recipients, including millions of children, will lose their coverage.

Temporary residency in facilities became permanent when residents were denied information and assistance needed to transition back into the community, in violation of the ADA, the Justice Department has found.

Should a special needs trust (SNT) trustee be paid, and, if so, how much?

The measures follow charges of neglect and storm of protest at CDC director’s remarks in January.

With Alzheimer’s the leading cause of death among people with Down syndrome, this population deserves a lot more attention than it currently gets from the medical community and Alzheimer’s researchers, says expert Howard Gleckman.

Built into the American Recovery Plan Act of 2021 are new rules and income thresholds that expand the pool of taxpayers who qualify for the earned income tax credit. This is good news for single people with disabilities.

Medicare beneficiaries will soon be eligible to obtain up to eight free rapid at-home Covid-19 tests per month, the Biden administration has announced.

After being off-limits to most members of the public since March 2020, Social Security Administration (SSA) offices are set to reopen on March 30, 2022, barring an unexpected snag in negotiations with unions representing agency workers or a major change in the pandemic’s course. 

Vice might be nice, as the old saying goes, but can things like cigarettes, alcohol, and pornography be paid for out of a special needs trust (SNT)?

New laws in many states restrict the use of absentee ballots, drop boxes, and third-party voting assistance, avenues that many with disabilities depend on to cast their votes.

In a groundbreaking move that could have repercussions in certain other states, California is the first state to phase out the requirement that people impoverish themselves before becoming eligible for Medicaid.  Medicaid helps pay medical costs for individuals with limited income, and it covers...

The maximum amount that can be contributed each year to an ABLE account for a person with disabilities just rose $1,000 to $16,000. The figure had been stuck at $15,000 since 2018.

Two years into the pandemic, most government offices have reopened to the public, but the Social Security Administration is keeping its doors locked, threatening thousands of clients.

The federal government imposes big disability overpayment bills on recipients when it finds they’ve earned too much, prompting some to leave the workforce, according to a study.

ABLE accounts and special needs trusts can accomplish the same goals, but each has its advantages and limitations. The best approach, depending on the beneficiary, may be to use them in tandem.