Written by Jill Roamer J.D. A pooled trust is also known as a d4C trust because it is authorized by US Code 1396p(d)(4)(C). It is established and managed by a non-profit organization and is funded by the individual with special needs, for that individual’s sole benefit. An individual’s pooled trust is a subaccount within a…
Written by Jill Roamer J.D. CIPP/U In recent years, there have been technological breakthroughs to help folks with disabilities—robotic limbs, telepresence robots, and platforms to assist with communication. These new technologies give some the ability to be more independent and lead more fulfilling lives. Now, there is a new wheelchair that can be controlled by…
Written by Robert T. Nickerson Did you know that ChatGPT has been able to pass the Bar now? For those that have been playing around with the popular A.I., people have been using it for a lot of things such as responding to texts, writing stories on whatever people want and even writing essays for…
* The following is an article that was written by ChatGPT. Changes were made by the web site administrator to better reflect accuracy Brian Wilson, the legendary musician and songwriter behind the Beach Boys, had been in a long-standing legal battle over his conservatorship. A conservatorship is a legal arrangement in which a court-appointed guardian…
By Jill Roamer, J.D. President Biden announced that the official Public Health Emergency (PHE) caused by COVID-19 will end on May 11, 2023. What are the ramifications of this change for seniors and those with Special Needs? Does this apply to Special Needs Planning and what ever documents have been set by them? 1. Return…
The Covid-19 Pandemic made everything topsy-turvy. Businesses shut down, supplies were sometimes scarce, and families were distanced. It seemed like the coronavirus could be a legitimate excuse for the failure to get almost anything done in a timely manner. But what if this were the cited reason for causing planning delays in a Medicaid eligibility…
Written by Jill Roamer J.D., CIP Donald and Marjorie were married in 1997. Each of them had two adult children upon entering the marriage–Donald’s kids were Kathy and Ray; Marjorie’s kids were Julie and Colleen. Donald and Marjorie created a revocable living trust together. At first death, the trust remained revocable as to the survivor….
Written by Jill Roamer, J.D. CIPP/US California Probate Code 850 is infamously known throughout the state as the basis for a Heggstad Petition, named after the landmark case, Estate of Heggstad. In this case, the Grantor of a revocable living trust had transferred trust property back into his personal name for refinancing purposes. The Grantor died…
Written by Jill Roamer, J.D., CIPP/US When someone is unable to care for themselves, a guardian is oftentimes appointed. This guardian is responsible for the health and well-being of the ward. But what if the guardian doesn’t act in the ward’s best interest? What if the guardian’s actions caused harm to the ward? Should the…
Written by Jill Roamer, J.D. The legal authority to create a Qualified Disability Trust (QDisT) falls under §642(b)(2)(C) of the Internal Revenue Code. To qualify as a QDisT, the trust must meet the following criteria: A QDisT must be irrevocable. All beneficiaries must be disabled and receive Supplemental Security Income or Social Security Disability…