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Special Needs Planning
April is Autism Awareness Month
By Jessica Saio, Law Clerk National Autism Awareness Month raises public awareness about autism and autism spectrum disorders (ASD) during the month of April. One of the many ways support is shown worldwide is through the Light it Up Blue campaign, initiated by the United Nations and nonprofit organization, Autism Speaks. Each year on April 2,…
Special Needs and Elder Law Proposed Legislation of Interest
By: Amy C. O’Hara, CELA I recently attended the Special Needs Alliance meeting. The Special Needs Alliance (SNA) is a national organization comprised of attorneys committed to the practice of disability and public benefits law. This organization is by invitation only of which I have the privilege of serving as President Elect of their Board…
New Expansion on ABLE Eligibility
By Jessica Saio, Law Clerk This past December, Congress approved the ABLE Age Adjustment Act which expands eligibility for ABLE accounts by increasing the qualifying disability age from 26 to 46. This allows more individuals with disabilities to work and save money without the risk of losing government benefits. What is an ABLE Account? ABLE…
Estate Planning for the Special Needs Family
By Amy C. O’Hara, CELA Estate planning is important for every family for several reasons, however, it becomes critical if you have a child with a disability. In creating a well thought out estate plan you can ensure your child is protected both financially and personally. Part of your plan will include designating a guardian…
Preparing for Back to School for Your Child with Special Needs in Challenging Times
by Marion M. Walsh, Esq. Preparing for back to school in September always brings hope and a sense of expectation for both students and parents. For the 2022-2023 school year, this remains true. However, it has been a difficult two years for students, who are still recovering from isolation during the pandemic, the adjustment to…
How to Prepare to be a Successful Advocate for Your Child in College
By Marion M. Walsh, Esq. It’s that wonderful time of year, when parents are helping their children prepare for college and sending them off. It is also the time to adjust to a new type of parenting and advocacy. By taking careful steps, you can ensure that you remain an effective advocate in your new capacity,…
Supported Decision Making is now the Law in New York State
By Sandi Rosenbaum, Special Education / Special Needs Advocate Supported decision making is now the law in New York State. On July 26, 2022, the 32nd anniversary of the Americans with Disabilities Act, Governor Kathy Hochul signed a law creating statutory authority for supported decision making (SDM) agreements. These agreements provide for a less-restrictive alternative…
Office for People with Developmental Disabilities Must Address Staffing Crisis in New York
by Sandi Rosenbaum, Special Education / Special Needs Advocate New York’s Office for People with Developmental Disabilities (OPWDD) will release its long-overdue new Statewide Comprehensive 2023-2027 Strategic plan in November 2022, following feedback and discussion. The draft Strategic Plan has been available since Spring 2022. A plain language version is also available. While OPWDD’s in-person public forums have…
Legislation Empowers Families to Support Charitable Organizations Providing Essential Services for Loved Ones
By Amy C. O’Hara, CELA The Special Needs Alliance commends the Senate Finance Committee for unanimously approving legislation that would give families greater flexibility in choosing the remainder beneficiary of trusts established for a loved one who has a disability or chronic illness. Partners Bernard A. Krooks, a past president of the Special Needs Alliance,…
What Services are Available through the Office of Mental Health?
By Sandi Rosenbaum and Marion Walsh, Esq. According to new CDC data (https://www.cdc.gov/media/releases/2022/p0331-youth-mental-health-covid-19.html), in 2021, more than a third (37%) of high school students reported they experienced poor mental health during the COVID-19 pandemic, and 44% reported they persistently felt sad or hopeless during the past year. Undoubtedly, mental health needs for all increased in…