From recent experience in New York guardianship courts on applications where individuals with intellectual and/or developmental disabilities may have some higher functioning capabilities, I find judges are often frustrated with the current 17-A guardianship law as it cannot be tailored to an individual’s needs and supports to enable them to retain certain autonomy and decision-making rights. While…

by Arshi Pal, Esq. The pandemic has been a real eye-opener for many parents. As we transitioned to remote learning, many parents became part-time instructors to ensure that their children engaged in instruction and completed assignments. Many parents witnessed firsthand the struggles their children were having with paying attention, completing assignments, understanding concepts and communicating…

by Marion M. Walsh, Esq. In 1990, Congress officially established the first full week of October as Mental Illness Awareness Week.  The week runs through Sunday, October 10, which is World Mental Health Day. Mental Illness Awareness Week assumes more relevance today than ever, due to challenges raised by the pandemic and increased isolation and…

By Sandi Rosenbaum, Special Education / Special Needs Advocate As schools reopen in the coming weeks, all have worries about the COVID-19 virus and its highly transmissible Delta variant. School administrators continue to plan for the safety of students and school personnel and develop new policies and protocols amid continuing concerns about the COVID-19 virus…

 Reprinted with permission of the Special Needs Alliance (www.specialneedsalliance.org) This post was authored by attorney Amy C. O’Hara, CELA of Littman Krooks, LLP, New York. Amy focuses her practice on special needs planning, elder law, trusts and estates, and personal injury settlement consulting. She serves on SNA’s Board of Directors. If the pandemic has been…

By Laura Brancato, Esq., Littman Krooks LLP In recent months, television viewers have been captivated by docuseries and fictional portrayals of conservatorship, known in New York as Guardianship. As with most on-screen productions, there may be more dramatic fiction at work than factual portrayal. A reasonable viewer would be worried about the prospect of guardianship,…

By Arshi Pal, Esq., Littman Krooks LLP Medicaid Home and Community Based Services (HCBS) waivers allow individuals who are otherwise eligible for Medicaid to receive supports and services in the home and community setting, instead of being served in an institution-like or more restrictive setting. HCBS waivers provide, among other things, supportive employment, integrated day…

By Brian L. Miller, Esq., Littman Krooks LLP With the $1.9 trillion stimulus package that was recently signed into law, many Americans are scheduled to receive a $1,400 stimulus check in the coming weeks.  This has caused people with disabilities wondering if the stimulus payment will impact their eligibility for government benefits.  Government benefits such…

By Sandi Rosenbaum, Special Education/Special Needs Advocate Parents must make important decisions when their child with an intellectual and/or developmental disability (I/DD) turns 18 and legally becomes an adult.  Should parents apply for guardianship or consider less restrictive measures such as Supported Decision-Making (SDM) and/or have the young adult execute advance directives such as power…

This article for The Voice® was written by Mark B. Heffner, CELA, a graduate of Harvard College and Boston College Law School. He is the principal of Heffner & Associates, a firm with offices in Warwick and Barrington, Rhode Island, focusing since 1992 on elder law, special needs planning, and estate planning. Mark is a…