September 2021 —
The MLO Minute —
Some Changes for the Better in Special Needs Trusts
By Lesley Mehalick, J.D., LL.M., and Dennis McAndrews, Esq.
In the past few years, Congress and the Social Security Administration have promulgated several policy changes with respect to self-funded special needs trusts, most of which are positive developments. While these changes did not receive a great deal of public distribution, and did not fundamentally change the legal landscape regarding special needs trusts, they were nonetheless important to those of us who work with individuals with special needs. These changes involve important draftsmanship issues which must be carefully navigated to avoid disqualification for critical public benefits such as Medical Assistance, Supplemental Security Income, and state-funded programs which serve persons with mental illness and intellectual disabilities.
Mental Health Power of Attorney
In Pennsylvania individuals with mental illness can plan ahead for support and services by executing a Mental Health Power of Attorney. The document allows an individual to make important choices before they are unable to do so for themselves. Preparing the Mental Health Power of Attorney can foster autonomy and independence in decision making and may be a good way for an individual to discuss their preferences with family and caregivers.
In the document, the individual names an Agent or a personal to have decision making authority to act on the person’s behalf. The Mental Health Power of Attorney also allows the individual, called the Principal, to designate the following treatment preferences.
FREE WEBINAR: Guardianship vs. Power of Attorney (POA)
WHEN: Wednesday, September 8th, 2021
TIME: 6:30pm – 8:30pm
LOCATION: Zoom! Space is limited! Click here to register!
MORE: Join Lesley Mehalick, J.D., LL.M., Supervising Partner of the Estates and Trusts Department with McAndrews, Mehalick, Connolly, Hulse and Ryan P.C. and The Arc of Lehigh and Northampton Counties for an informative evening on estate planning! Learn more about future planning for a loved one with a disability. Click here to view the full event flyer!
