Special Needs

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Planning for a Family Member with Special Needs

By Burner Law Group, P.C. / November 30, 2019 / 0 Comments

Caring for a loved one with special needs during your life may be one of the most important jobs you have, but it is equally important to continue to care for your loved after you are gone.  Since so many disabled individuals receive some kind of government benefits, it is imperative to ensure that these […]

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By Burner Law Group, P.C. / October 17, 2019 / 0 Comments

In December 2014 the federal government passed a law known as the ABLE Act.  This law allows family members of a disabled person to create an account that is exempt from federal income tax to be used for certain “qualified expenses” related to the person’s disability.  This Act is created under the same provisions of […]

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Estate Planning and Supplemental Needs Trust

By Burner Law Group, P.C. / August 12, 2019 / 0 Comments

When planning for the differently-abled, the use of Supplemental Needs Trusts as part of your estate planning will ensure that you have provided protections for those with special needs and disabilities. When considering your estate planning it is important to consider any beneficiaries who may have special needs or disabilities. Receiving an outright inheritance could […]

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