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Gray & Feldman Legal Blog


Consider a Health Care Proxy or Power of Attorney for your adult child with a disability

If your child with a disability is an adult and has capacity, her or she should sign a Health Care Proxy and a Power of Attorney

George H. Gray 0 220 Article rating: No rating
Power_or_Attorney_and_Healthcare_ProxyDon’t automatically assume that your adult child with a disability may not sign a POA or a HCP.  These are two instruments which allow members of your child’s circle of support to assist him or her to make important financial and health care decisions.  If the nature of your adult child’s disability is not related to cognitive functioning, he or she should be considered “competent” and capable of signing these two most important documents. 

Establish an ABLE Account for your child

Read about a new savings vehicle for persons with a disability soon to be available in New York

George H. Gray 0 176 Article rating: No rating

ABLE_accountsIt is difficult for your child with a disability to accumulate resources for future discretionary spending or to purchase a “big ticket” item.  Your child is limited to meager savings if he or she is means tested government benefits.  Recognizing this difficulty, Federal Law authorized States to establish ABLE programs to offer a tax favored vehicle for savings.

Actions during your lifetime: Establish a Third Party Supplemental Needs Trust for your child with a disability.

Read why Third Party SNT's are so useful and popular

George H. Gray 0 127 Article rating: No rating
Features_of_a_Third_Party_Supplemental_Needs_TrustIt is natural to want to make the resources of your immediate and extended family available to your child with a disability without jeopardizing his or her eligibility for means-tested government benefits.  This is the reason why a Third Party Supplemental Needs Trust is so useful and popular.

Actions prior to age sixty-five: Establish a First Party Special Needs Trust

A brief explanation of the advantages and operation of a First Party Special Needs Trust

George H. Gray 0 133 Article rating: No rating
Special Needs TrustIf the amount of a gift, inheritance or personal injury award received by your child exceeds the resource limits for Supplemental Security Income or Medicaid, it will jeopardize his or her eligibility for those means-tested government benefits

Actions Prior to Age 18: Secure Article 17-A Guardianship

Article 17-A Guardianship is an important tool available to a parent of an intellectually or developmentally disabled child

George H. Gray 0 155 Article rating: No rating

Secure_Article_17ARead why a parent of a young adult with an intellectual or developmental disability should go to Court to seek appointment as an Article 17-A Guardian

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