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Tuesday, March 13, 2012

Spread The Word To End The Word

Spread The Word To End The Word

Community Leaders from Best Buddies and the Special Olympics have combined to create a campaign to end the use of the word “retard”. March 7, 2012 marked the day to stop using the r-word in any form of speech including medical terminology.

The website, www.r-word.org, describes how the terms “medical retardation” and “mental retardation” began as medical terminology with specific clinical connotation but those words have shifted into every day conversation with a hurtful meaning. Using the r-word to individuals with disabilities or their families and friends has lasting effects.

The efforts of the campaign have made some incredible progress. The American Medical Association has announced that they recommend “editorial revisions” to certain medical documents by deleting the term “mentally retarded” and inserting “individuals with intellectual disabilities”. Even though the revisions have to be approved, it is still a positive step toward erasing the r-word from our vocabulary.

For more information including articles and videos or if you would like to make the pledge to stop using the r-word visit the organization’s website at: www.r-word.com.

This blog entry serves as educational purposes only and does not constitute legal advice.


Tuesday, February 07, 2012

Misappropriating Trust Funds

There are serious consequences if a trustee misappropriates trust funds.

An example of this recently occurred in Port St. Lucie, Florida. John Morgan was arrested on a grand theft charge for reportedly stealing more than $40,000 from his adult daughter’s special needs trust fund. His daughter, Sandra Morgan, who suffers from cerebral palsy and lives in a group home, was awarded $65,000 from a settlement due to a wheel chair accident that resulted in injury. Reports indicate that Morgan spent the money on personal items such as bills and purchasing a new car. Police said Morgan spent a total of $40,966.56 of his daughter’s money for his personal benefit.

For full story link here.

This blog entry serves as educational purposes only and does not constitute legal advice.


Monday, January 16, 2012

Stem Cell Fraud

The use of the World Wide Web has allowed families with special needs individuals to discover new therapy techniques, medical breakthroughs, doctors, and lawyers to ensure that the individual lives the best life possible. While there is a wealth of beneficial information on the internet there are also scam artists that target families with special needs individuals.

One form of these scam artists is described in the video below. An American born doctor that lost his license to practice medicine in the United States has set up a stem cell laboratory in South America. He now benefits from charging thousands of dollars to families that will try everything to improve the quality of life for their loved ones with special needs.

Click here to view the story on CBS News.

This blog entry serves as educational purposes only and does not constitute legal advice.


Monday, November 28, 2011

How A Special Needs Trust Benefits

Special needs planning is the concept of leaving assets for your child with special needs in such a way that does not render them ineligible for benefits. As you may know, Medicaid and Social Security Income have resource limits. If the individual has more than $2000 in “countable resources” then he or she is not eligible on the financial side to receive Medicaid or SSI.

But the good news is, there are specialized legal tools that we can use in order to protect the assets for a special needs individual. A special needs trust allows a special needs individual to receive assets and his or her Medicaid or SSI benefits will not be effected.

This blog entry serves as educational purposes only and does not constitute legal advice.


Monday, November 28, 2011

Do I Have An Estate Plan?

Did you know that every single person has an estate plan!

The State creates an Estate plan for you. Below is outlined what the State creates for every one:

  • If you are married and have one child, 1/2 to your spouse and 1/2 to your child.
  • If you have more than one child, 1/3 to your spouse, and 2/3 to your children equally.
  • If you are not married but have children, equally to your children.

This plan is not ideal for every individual because many families today are blended, including second marriages or children from past relationships. If an individual uses just the estate plan the State executes then assets may not be divided properly within the blended families. This is why an estate plan tailored to the individual is essential!

This blog entry serves as educational purposes only and does not constitute legal advice.

 

 




Nadler Biernath LLC assists clients in the Atlanta, Georgia area and throughout Georgia including Kennesaw, Alpharetta, Roswell, Marietta, Buckhead, Johns Creek, Duluth, East Cobb and Dunwoody.



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| Phone: 770-455-0535

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