Book Review: Administering the California Special Needs Trust: A Guide for Assisting a Person with a Disability as Trustee of a Special Needs Trust

May 13, 2012

This review is from: Administering the California Special Needs Trust: A Guide for Assisting a Person with a Disability as Trustee of a Special Needs Trust (Paperback)

As a special needs planning attorney and director of a non-profit that administers special needs trusts this book is an essential resource for me, my staff, and clients. While written for California trustees of special needs trusts, these trusts in particular are written to conform to federal statutes and policy. Each state may have its own culture, but it is extremely helpful and in fact, very little is only applicable to California. I recommend this exhaustive guide to colleagues and clients as it is very well written without getting mired down in legalese.

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The Arc Action Alert – Social Security’s Proposed Regulations Could Affect You

Background

The Social Security Administration (SSA) has published proposed regulations to change the mental impairments. These are the criteria used to help determine whether an individual with intellectual disability, mental illness, autism, Alzheimer’s, traumatic brain injury, or other cognitive or mental disorders is disabled for purposes of the Supplemental Security Income (SSI) program or the Social Security disability programs.

The Arc and UCP have carefully reviewed these regulations and believe they make a number of significant improvements for people with disabilities. We are finalizing our comments and urge that you comment directly to SSA on the following key points:

1. Terminology. Thank SSA for proposing a transition to using the term “intellectual disability” and urge SSA to drop the use of the term “mental retardation” altogether with clear instructions that the terms have the same meaning and cover the same people.
2. Diagnosis. Urge SSA to ensure that decision-makers respect the valid diagnosis of intellectual disability made by professionals and do not allow them to dismiss a valid diagnosis based on their own limited observations.
3. Infants and toddlers. Support SSA’s proposed new listing for Developmental Disorders of Infants and Toddlers to evaluate developmental disorders for children from birth to age three.
4. Measures of functional ability. Urge SSA to eliminate the reference to the use of standardized tests for measuring the functional abilities of people with mental impairments, as related to the “paragraph B” criteria of the regulations, until such time as tests have been developed, assessed, and found to truly measure the areas of function that are under consideration.

Take Action

Please submit your comments online by the deadline of Wednesday, November 17 (11:59 p.m. eastern time) at:
http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480b3517b

Thank you in advance for your advocacy efforts.

November 17, 2010

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