Parenting is hard work. But if you have a child with special needs, it becomes even harder. Get guidance here.
A Parent Training and Information Center—or PTI—is a terrific information resource for parents of children with disabilities. Every state has at least one PTI. Each one has a different name. For example, one of the PTIs in California is named Matrix Parent Network and Resource Center. The PTI in New Hampshire is called the Parent Information Center. Whatever the actual name, each is commonly known as a PTI. Some states also have Community Parent Resource Centers, or CPRCs. CPRCs do the same work as the PTIs, but they focus on reaching underserved parents of children with disabilities, who live in specific areas of the state, including low-income parents, parents of children with limited English proficiency, and parents with disabilities. PTIs and CPRCs are funded through our nation's special education law, the Individuals with Disabilities Education Act (IDEA). As you can probably guess from their name, their purpose is to provide parents with information and training about:
- disabilities;
- parent and children's rights under the IDEA and other relevant laws; and
- resources in the community, state, and nation.
Parent Centers know about the needs of children and families. They understand school policies and practices. Through their experience with the education of children with disabilities, the needs of families and schools, Parent Centers make valuable contributions on a local and statewide basis in support of schools to improve services and outcomes for students with disabilities.
National Information Center for Children and Youth with Disabilities (NICHCY)
No. School districts may not charge parents of eligible students with disabilities for the costs of related services that have been included on the child's Individualized Education Plan (IEP). Just as special and regular education must be provided to an eligible student with a disability at no cost to the parent or guardian, so, too, must related services when the IEP team has determined that such services are required in order for the child to receive free appropriate public education and have included them in the student's IEP.
National Information Center for Children and Youth with Disabilities (NICHCY)
Very few wills are ever challenged in court. When they are, it's usually by a close relative who feels somehow cheated out of his or her rightful share of the deceased person's property.
Generally speaking, only spouses are legally entitled to a share of your property. Your children aren't entitled to anything unless you unintentionally overlooked them in your will.
To get an entire will invalidated, someone must go to court and prove that it suffers from a fatal flaw: the signature was forged, you weren't of sound mind when you made the will or you were unduly influenced by someone.
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If you don't make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. (This process is called "intestate succession.") Your property will be distributed to your spouse and children or, if you have neither, to other relatives according to a statutory formula.
If no relatives can be found to inherit your property, it will go into your state's coffers. Also, in the absence of a will, a court will determine who will care for your young children and their property if the other parent is unavailable or unfit.
A will doesn't need to be recorded or filed with any government agency, although it can be in a few states. Just keep your will in a safe.
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it possible to qualify for benefits from the Social Security Administration (SSA), like Supplemental Security Income (SSI), without a birth certificate? In a word, yes.
The SSA has two types of evidence that it will accept to establish birth: "preferred" evidence and "other" evidence. 20 CFR 404.716 is the federal regulation that pertains to these types of evidence. Included under the title of "preferred" evidence is a birth certificate or a hospital birth record that has been recorded before the individual has reached age 5. "Other" evidence includes: "an original family bible or family record; school records; census records; a statement signed by the physician or midwife who was present at your birth; insurance policies; a marriage record; a passport; an employment record; a delayed birth certificate, your child's birth certificate; or an immigration or naturalization record."
Another source for assistance in proving age without having a birth certificate is the SSA's POMS (Program Operation Manual). Section GN 00302 provides a comprehensive list of "how-to" instructions.
If the SSA still denies benefits, it's possible to file a "Request for Reconsideration" and ask for a "formal conference." If benefits are denied even after the formal conference, you can file a "Request for Hearing" and present your case to an Administrative Law Judge. It is advisable to have attorney representation at both the formal conference and the hearing.
Academy of Special Needs Planners
Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries -- "special needs" -- that could not be paid for by public assistance funds.
This means that if money from the trust is used for food or shelter costs on a regular basis or distributed directly to the beneficiary, such payments will count as income to the beneficiary. This can affect eligibility for government benefits like Medicaid and SSI. One of the trustee's most important jobs is to use discretion in making distributions from the trust so as not to jeopardize the beneficiary's eligibility for these government benefits.
If the beneficiary receives SSI, here are some basic expenses that should not be paid through a special needs trust without consultation with a special needs attorney.
- Cash given directly to the beneficiary for any purpose
- Food or groceries
- Restaurant meals (except if given as an occasional gift)
- Rent or mortgage payments
- Property taxes
- Homeowners or condo association dues
- Homeowners insurance if the insurance is a mortgage requirement
- Utilities such as electricity, gas, and water
- Utilities hookup or connection charges
However, many of these payments will only cause a one-third reduction in SSI benefits. The trustee may determine that the benefit of the trust making these payments far outweighs the loss of income.
Academy of Special Needs Planners