Special Needs

How do you expand powers in an Article 81 Guardianship?

By Burner Law Group, P.C. / October 20, 2021 / 0 Comments

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 […]

Read More

What is an ABLE Account?

By Burner Law Group, P.C. / October 13, 2021 / 0 Comments

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. There are several planning techniques that you can take advantage of to protect assets on behalf of your child with special needs. ABLE accounts are tax-advantaged savings […]

Read More

Considerations for a 529 Plan with a “Disabled” Beneficiary

By Burner Law Group, P.C. / October 4, 2021 / 0 Comments

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. Many families create a 529 plan to reduce the student’s […]

Read More

Supplemental Security Income

By Burner Law Group, P.C. / February 15, 2021 / 0 Comments

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? Answer: You can provide assistance to your daughter in some ways but you must be careful, there are very strict rules regarding what you can […]

Read More

Article 81 Guardianship Proceeding Explained

By Burner Law Group, P.C. / January 6, 2021 / 0 Comments

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. The Court must find that the alleged incapacitated person (or […]

Read More

The Third Party Supplemental Needs Trust Trigger

By Burner Law Group, P.C. / November 30, 2020 / 0 Comments

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. If you have a disabled child who […]

Read More

Protecting Assets in the Context of a Guardianship Proceeding

By Burner Law Group, P.C. / November 14, 2020 / 0 Comments

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 […]

Read More

First Party Supplemental Needs Trusts

By Burner Law Group, P.C. / May 31, 2020 / 0 Comments

A first party supplemental needs trust is established with the disabled beneficiary’s own funds, usually from a lawsuit settlement or inheritance, to avoid becoming ineligible for a needs-based government benefit. Such a trust, also called a special needs trusts, can hold excess countable income and assets for anyone under 65 years old. The first party […]

Read More

Differently Abled Person Tax Exemption

By Burner Law Group, P.C. / February 7, 2020 / 0 Comments

While the beginning of the year is typically tax season, it is important to remember that property tax exemptions can be applied for at this time. There are different programs that homeowners should be aware of in order to potentially save with respect to property taxes. Most individuals are familiar with the STAR program which […]

Read More

Article 81 Guardianship for Seniors with Dementia

By Burner Law Group, P.C. / December 21, 2019 / 0 Comments

An Article 81 Guardianship proceeding may be needed if a senior suffering from dementia did not engage in estate planning and no longer has the capacity to do so. It is important to note that just because someone is diagnosed with dementia does not automatically mean that they do not have the capacity to execute […]

Read More
Scroll to Top