Sivia Legal Services Blog

What about my disabled adult child if I become incapacitated or die?

Posted by Sivia Law on Jul 31, 2019 12:00:00 PM


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Topics: Estate Planning, special needs, guardianship, special needs planning

A Unique Approach to Special Needs Planning

Posted by Sivia Law on May 29, 2019 12:00:00 PM

When a child turns 18, they are considered an adult. With this title comes the responsibility to make life decisions concerning their medical treatment, finances and life. These decisions require that a person be competent in order to understand what decision they are making and the possible outcomes or consequences of that decision. This newfound adulthood raises even more concern for those with children who have special needs. It can be tough to muddle through the waters of special needs planning.

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Topics: Special Needs Trust, special needs, guardianship, special needs planning

When Should A Special Needs Trust Be Updated

Posted by Sivia Law on Mar 27, 2019 12:02:00 PM



Special needs trusts (SNTs) are financial instruments designed to enhance quality of life for individuals with disabilities by supplementing the government benefits available to them. Assets that held in SNTs are not counted when determining an individual’s eligibility for means tested public programs such as Medicaid and Supplemental Security Income (SSI). Since personal circumstances change, it sometimes makes sense to update an SNT. But how can you tell when it’s time to modify one?

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Topics: special needs

3 Things to Consider When Seeking Care for a Special Needs Child

Posted by Sivia Law on Feb 13, 2019 12:00:00 PM



All parents who are in search for child care are looking for someone who provides consistent, loving and quality care for their child. If you have a child with special needs, you may need to ask a few more and different questions to find a situation that meets your requirements. You will want to find a child-care provider who has experience working with children who are special needs. You will want to find a provider that is willing to work with you and meet the needs of your child. The number of special-needs children ages 3 to 5 who are helped under the Individuals with Disabilities Education Act has nearly doubled in the last two decades. If you are looking for special-needs child care, here are the best places to start your search.

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Topics: special needs

Choosing Child Care for Your Child with Special Needs

Posted by Sivia Law on Dec 26, 2018 11:45:00 AM


Choosing child care for any child can be an arduous and stressful task, but if you are the parent of a special needs child, it can also be a very confusing and emotional experience. There are many things that have to be considered when placing a special needs child with a child care provider, whether it be an individual or a licensed day care center, such as the American with Disabilities Act (ADA) child care laws, what questions to ask and what to look for when visiting a potential center or caregiver.

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Topics: special needs

ABLE: A New Tool for the Special Needs Community

Posted by Sivia Law on Nov 21, 2018 11:45:00 AM




Late in 2014, the ABLE (“Achieving a Better Life Experience”) Act was signed into law. The law is aimed at achieving a manner in which those with special needs can save money without losing needs based public benefits such as SSI or Medicaid . This is an important issue and, perhaps the greatest accomplishment of the Act is that it brings attention to this valuable community and addresses a serious struggle that they face. The fact that the ABLE act had strong bi-partisan support is encouraging for the special needs community and those who serve it.

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Topics: special needs

It's Estate Planning Awareness Week! Get started today!

Posted by Sivia Law on Oct 16, 2018 10:04:00 AM


Spare your loved ones the hassle and have peace of mind. What are some of the most important things you can do now? Here is a handy checklist!

1.) Gather important Documents & Contact Information - Property deeds, vehicle titles, official certificates (birth, marriage, etc.), etc. You need to gather & keep these in an easy to access location. 

2.) Execute a Last Will & Testament [Get started now]

3.) Complete Advance Directives or a Living Will - This would be your preference on treatment should you be incapacitated.Issues addressed include breathing tubes, feeding tubes, and other life-sustaining medical treatments.

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Topics: Living Trust, Will, elder law, Estate Planning, estate tax, special needs

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