PARENTS ESTABLISHING A SELF-SETTLED SPECIAL NEEDS TRUST FOR A CHILD: WHAT CAN GO WRONG?
by Thomas D. Begley, Jr., CELA In an important case arising in South Dakota, the parents of Stephany Draper established a Self-Settled Special Needs Trust into which Stephany’s personal injury settlement was to be deposited. Prior to that case, this had been a common procedure used all over the country. However, the Social Security Administration…
FAMILIES WITH A MEMBER WITH DISABILITIES MOVING TO A NEW STATE
by Thomas D. Begley, Jr., CELA It is always difficult to move from one state to another, but when a family member has disabilities there are a number of considerations that should be addressed as early as possible. Health Care. Establish a “safety net” well in advance. Research the doctors, therapists and other service providers…
WHY A WILL?
by Thomas D. Begley, Jr., Esquire, CELA Wills are designed to transfer property on death. If there is no Will, the State writes a Will for the deceased individual. While those Wills make sense for many people, they do not make sense for everyone. Assuming a client has mental capacity, the first step would be…
WHY A LIVING WILL AND HEALTH CARE POWER OF ATTORNEY?
by Thomas D. Begley, Jr., Esquire, CELA A Health Care Power of Attorney simply appoints a Health Care Representative to make medical decisions without giving any direction to the representative. The Advance Directive gives instructions for end-of-life decision-making. A Health Care Power of Attorney can be combined with an Advance Directive/Living Will. There are essentially…