a person pouring wine into a wine glass on a table

Our Blog

Category: Special Needs
HomeSpecial Needs

Latest News

Hon. Gail Prudenti Selected as a Top Lawyer in Long Island

We're excited to announce that Hon. Gail Prudenti has be recognized by the Long Island Herald as a 2024 Top Lawyer of Long Island award recipient for her excellence in the Trusts and Estates practice area.

April 22, 2024
What is the Difference between a Sole Benefit Trust and a Supplemental Needs Trust?

All supplemental needs trusts (“SNT”) are created for the sole benefit of a disabled individual. This type of trust is designed to provide support for a beneficiary without jeopardizing their receipt government benefits, namely Medicaid and SSI.

February 11, 2022
How do you start an Article 81 discovery and turnover proceeding?

The purpose of an Article 81 discovery and turnover proceeding is to recover assets taken from an incapacitated person. The threshold question in an Article 81 Guardianship is whether there is a need for a guardian.

December 6, 2021
How do you expand powers in an Article 81 Guardianship?

Article 81 of New York’s Mental Hygiene Law allows a court to appoint a guardian to manage the personal and/or financial affairs of an individual deemed incapacitated. The court must find that the alleged incapacitated person (“AIP”) cannot appreciate the nature and consequences of their inability to handle such matters and that the AIP is likely to suffer harm if a guardian is not appointed.

October 20, 2021
ABLE Account in New York

ABLE accounts are tax-advantaged savings and investment accounts for disabled individuals. We often get questions about the difference between an ABLE Account and a Supplemental Needs Trust and whether one is better than the other for a disabled child.

October 13, 2021
Special Needs Planning

Britt Burner, Esq. discusses the importance of estate planning with a focus on special needs topics, including supplemental needs trust.

October 7, 2021
Considerations for a 529 Plan with a “Disabled” Beneficiary

A 529 plan is a tax-advantaged savings account designed to pay for a child’s eventual educational expenses. Money in a 529 plan is used for a wide range of educational expenses, including college tuition, K-12 private school, certain apprenticeship expenses, and even student loan repayments.

October 4, 2021
Supplemental Security Income

Question: My daughter is unable to work and receives Supplemental Security Income (SSI), can I give her money to help pay her bills without reducing the amount of her benefit?

February 15, 2021
Article 81 Guardianship Proceedings in New York State

A guardianship proceeding is commenced under Article 81 of New York State Mental Hygiene Law. The purpose of the proceeding is to have a guardian appointed for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters.

January 6, 2021
The Third Party Supplemental Needs Trust Trigger

As Elder Law Attorneys, we focus on Medicaid planning for our clients in order to have access to long-term care. It is equally as important to ensure that their beneficiaries will have access to government programs and not be disqualified by the fact that they received an inheritance.

November 30, 2020
Protecting Assets in the Context of a Guardianship Proceeding

While the best elder law and estate plan is to have a valid health care proxy naming agents and a valid durable power of attorney naming an agent to make financial decisions, not everyone has done the proper planning. It is not uncommon for an elderly person to fall ill, be hospitalized and then need nursing home care with no time to plan.

November 14, 2020

Our Blog

Thought Leadership

Estate planning is all about preparation and ensuring that your assets are distributed in line with your wishes. It’s a comfort knowing your loved ones will be cared for just as you intend. However, life’s unpredictability sometimes throws a curveball. What if a beneficiary becomes disabled after you’ve finalized your estate plan?

September 8, 2023 Read Article