Category Archives: Special Needs

Court authorizes reimbursement of expenses from Special Needs Trust

   On August 21, 2012, in the Matter of Jennifer Rogiers, Superior Court of New Jersey, Appellate Division, Docket No. A-0389-10T1, the Court addressed issues relating to the reimbursement of expenses from a Special Needs Trust.    Here, Jennifer Rogiers is a severely handicapped individual.  As a result of a medical malpractice lawsuit, a significant amount of funds were placed into a Special Needs Trust for Jennifer’s benefit.  At the time of her death, the balance of the trust fund was approximately $1.1 million.  Jennifer died intestate and without children.  The order creating the trust provided that upon Jennifer’s death any principal and undistributed income shall be paid to the intestate heirs.    Following Jennifer’s death, her father sought half of the balance as his intestate share.  Her mother sought reimbursement for expenses she incurred for services provided on Jennifer’s behalf during her lifetime.     Jennifer lived with her mother for her entire life.  Her mother attended to her needs and incurred substantial expenses.  The original order provided that her mother would be paid for caring for Jennifer.  The mother’s claim consisted of out-of-pocket expenses and for compensation for her care.  The trial judge granted the mother’s requests.     The … Continue reading

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National Academy of Elder Law Attorneys Celebrates Elder Law Month

Elder and Special Needs Law Attorneys Across the Country Educate Seniors on Legal Options This May Washington, DC — The National Academy of Elder Law Attorneys (NAELA), a professional association of attorneys dedicated to improving the quality of legal services provided to older Americans and individuals with special needs, established May as Elder Law Month as a way to educate seniors and their families about their legal options in dealing with elder abuse and fraud, long-term and health care planning, Medicaid, Medicare, estate planning, and other important issues. “With the elderly population growing each day, driven in large part by the graying of the Baby Boomer generation, it is crucial to assist older Americans and their families in finding legal services and resources to improve their quality of life,” said NAELA President Edwin Boyer, Esq., CAP. All too often, Americans wait to deal with these issues in times of crisis, rather than working with an Elder or Special Needs Law attorney before the crisis occurs. By planning ahead and looking to the future, seniors and people with special needs can ensure a better quality of life and that they have the services and support they need as they get older. … Continue reading

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