Sheri R. Abrams's Blog, page 12
March 22, 2018
Guardianships and Conservatorships in Virginia are Not the Same Thing. Here’s What You Need to Know
One of the most important things to understand about guardianships and conservatorships in Virginia is that they are not the same thing. In fact, they are separate roles that a person may serve when overseeing the care of an incapacitated adult.
A guardian is responsible for making decisions regarding the incapacitated adult’s personal needs including health, safety, residence and education.
A conservator is appointed to make decisions regarding the care of the individual’s financial affairs...
March 16, 2018
Can I Use an Online Template to Draft a Special Needs Trust?
I have been asked——: “Can I use an online template or do-it-yourself service to create my child’s Special Needs Trust?”
A Special Needs Trust is a very complex legal tool that rarely works as a “one-size-fits-all” solution. I’d venture to say that the majority of online templates or DIY software programs that create Special Needs Trusts are not sufficient for most families and would cause many intended consequences.
A DIY program can’t understand the complexities of your family or your child...
March 8, 2018
Don’t Forget to Switch from SSI Benefits to Disabled Adult Child Benefits
Because of a disability, a person receiving Supplemental Security Income (SSI) may not have worked long enough to qualify for Social Security Disability Insurance (SSDI) benefits on their own work record. You might assume, therefore, that this person can never receive SSDI benefits in the future. But this is not always the case. In fact, many people who receive SSI benefits and who became disabled before age 22 can switch to a form of SSDI benefits when one of their parents retires, bec...
February 28, 2018
Virginia Parents of Kids with Disabilities Discover the Importance of Special Needs Planning in Virginia
Virginia Parents of Kids with Disabilities Discover the Importance of Special Needs Planning in Virginia
Estate planning is incredibly important for all parents, as it allows you the opportunity to make some very difficult choices. It provides the chance to determine who will raise your minor children if you can’t, what money will be set aside or used for their upbringing, and even what money will be used to support them as adults. Each of these choices can become more difficult when your...
February 22, 2018
Can Stay-at-Home Parents Qualify for Social Security Disability Benefits?
Attorney Sheri R. Abrams answers the question, “Can Stay-at-Home Parents Qualify for Social Security Disability Benefits?”
Social Security Disability Insurance (SSDI) provides income for those who are no longer able to work due to an injury or illness. In order to be eligible for SSDI, you must have earned enough “work credits” which are tied to the taxes that come out of your paycheck. Since stay-at-home parents do not receive a traditional pay check for their hard work, that means they...
February 13, 2018
How Can Our Family Spend Money That’s in a Special Needs Trust?
A Special Needs Trust can hold money or title to property for the benefit of a disabled individual. The funds need to be used to supplement benefits received from government programs such as Medicaid and Supplemental Security Income (SSI). However, it is important to understand what type of purchases are allowed – and which are not – so that these critical benefits are protected..
Funds in a Special Needs Trusts can be used for: :
medical and dental expenses eye glasses annual check-ups...February 8, 2018
Special Needs Planning: Don’t Leave Your Child’s Future in the Hands of an Unpredictable Congress
Government programs are meant to provide assistance to our citizens. However, even programs that can mean the difference between life and death, such as Medicaid and Supplemental Security Income (SSI), can have their budgets cut, benefits reduced, qualifications tightened, or they can be eliminated entirely. These programs are basically left to the whims of Congress. That is one of the many reasons I encourage parents of children with special needs to have back up plans, so that there are alw...
January 31, 2018
Virginia Special Needs Planning Lawyer: Guardianship and the Autistic Adult
As a Virginia special needs planning lawyer, I know that everyone who falls on the Autism spectrum is unique. Some will grow to be adults who can generally function in the world, make decisions on their own behalf, and effectively communicate them. Others cannot. However, all adults who reach the age of majority become independent in the eyes of the law and are presumed able to make their own decisions. Yet, some autistic adults may never be able to make some or all of the important decisions...
January 22, 2018
Social Security Advisory Board Recommends Improvements to Rep Payee Programs at SSA and Across Government
Social Security Advisory Board Recommends Improvements to Rep Payee Programs at SSA and Across Government
This month the Social Security Advisory Board (board) is releasing the culmination of two years’ work pertaining to the Social Security Administration’s (SSA’s) representative payee (rep payee) program. The report, Improving Social Security’s Representative Payee Program, outlines concrete steps to protect vulnerable Social Security beneficiaries and recipients.
The report includes recomm...
January 17, 2018
You Can Now Raise the Amount You Deposit in Your Loved One’s ABLE Account
The Achieving a Better Life Experience (ABLE) Act, which was created by Congress in 2014, allows people with disabilities and their families to save up to $100,000 in accounts for the benefit of a disabled person. The funds can be saved without jeopardizing the individual’s eligibility for Medicaid, Supplemental Security Income (SSI) and other government benefits. ABLE accounts may be opened by anyone with a disability as long as the disability began before the person turned 26.
Starting i...
