Question: I receive Supplemental Security Income (SSI) benefits. My car is 19 years old and not so reliable. I’m thinking of driving it to the junk yard and buying another one. How much, maximum, I can spend on it? Answer: If you own only one car, that car can be of any value. There used…

Low-income seniors and people with disabilities may be missing out on a tax credit that could reduce their tax liability by up to $7,500 this tax season. To qualify for the Senior Tax Credit for the Elderly and Disabled, individuals must either be above age 65 or retired early due to a qualifying disability and have taxable disability…

The Colorado House of Representatives voted unanimously February 7, 2019, in support of a bill to add autism spectrum disorder (ASD) as a qualifying condition for families seeking medical marijuana licenses. The full Colorado legislature approved a similar bill last year, but then-governor John Hickenlooper vetoed it. If the new measure passes, the state’s new governor Jared Polis is…

How much responsibility do employers have to reasonably accommodate people with disabilities when it changes the employees’ underlying job description? That question is central to the latest employment controversy surrounding America’s largest retailer, Walmart. For years, a ubiquitous feature at Walmart stores has been its front-door greeters, employees whose job is to offer a warm…

Paying for day care is one of the biggest expenses faced by working adults with young children, a child with a disability or a dependent parent, but there is a tax credit available to help working caregivers defray the costs of day care. In order to qualify for the Child and Dependent Care Credit, you…

elder law attorney

Question: My trustee claims that I insulted him in an email, which I did not. I believe he does not want to have to file income taxes on a special needs trust and used this as an excuse to bow out of his role as trustee. He informed me that he has taken all the…

Question:  My son was disabled prior to age 18 and is now 39. He lives with us at home and draws Social Security benefits on his dad’s work record. I will be 62 in June and have applied for early retirement. Will our son be able to draw from my work record as well? Answer:  He will only be able to draw…

Question:  I live in Illinois and my question is about the legal guardianship of my adult son with disabilities. I am his guardian and my husband is co-guardian. We are divorcing. Does being co-guardians mean we both have to sign for everything? Also what happens if there is an emergency and I am the only one…

Question:  My daughter is receiving Social Secrutity Disability Insurance (SSDI) from her dad’s SSDI because she gets more that way than on her own account.  But is there an age at which she will age out of his SSDI benefits and have to apply on her own? Answer:  As long as your daughter meets the SSA’s definition of disability,…

Special Needs Planning

Question:  I have three children and one is an incapacitated adult child. I would like to prepare a will that leaves my house to the three children but puts one-third of the house in a special needs trust to benefit my child with disabilities. Is this even possible? I believe a house (and other assets) can…

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Westerly, RI 02891
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