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Legal Updates

Special Needs Planning - 2018 March Legal Update


Special Needs News is an e-newsletter that brings you reports of legal developments and other trends of vital interest to those with special needs and their advocates. This newsletter is brought to you by Leah McElmoyl and the other members of the Special Needs Planning Practice Group of Chambliss Law Firm.

Chambliss Law Firm Monthly Editorial

Guardians and Conservators Don't Have to Do It Alone:
Chattanooga's Resources for Newly-Appointed Fiduciaries

by Cameron Kapperman, Special Needs Planning Attorney

Recently I took a trip to the Davidson County courthouse in Nashville where the presiding judge mentioned the Office of Conservatorship Management. While appointing a mother as conservator for her child, the judge explained that this office is unique in the state of Tennessee and is designed to assist court-appointed guardians and conservators in caring and providing for their loved ones with special needs. The judge urged the mother to take advantage of this resource, which serves as a user-friendly conduit for newly-appointed conservators to plug into the vast community of resources available in Metropolitan Nashville and Davidson County.

As an attorney who often advises guardians and conservators, I frequently have clients who have questions concerning their day-to-day duties, as well as questions about resources that might be available to them. So, I was curious to see exactly what Davidson County's Office of Conservatorship Management offers to newly-appointed fiduciaries. Quite simply, it serves as an incredible resource that deserves emulation across Tennessee.

The office has created an online repository of information, complete with educational YouTube videos, links to resources for fiduciaries, and a form to directly contact the office with any questions that may arise for a fiduciary acting on behalf of an individual with special needs. Through this office, Davidson County has truly embodied the concept of "it takes a village" to assist guardians and conservators in dealing with the uncertainties and difficulties of caring for their loved ones.

While your city may not (yet) have its own Office of Conservatorship Management, it is important to recognize that there are a variety of resources available to guardians and conservators. For example, in Chattanooga ... [Click to read the full article.]

Medicaid  Recipients Can Keep More of an Award Thanks to Recent Budget Deal

What portion of a lawsuit award or settlement can go to the state to reimburse Medicaid? The new congressional budget deal finally clarifies the situation.  Read more ->

Many People with Disabilities Not Taking Advantage of Tax Credit

A surprising number of people -- including many people with disabilities -- do not take advantage of the Earned Income Tax Credit. The IRS is encouraging potential recipients to apply.  Read more ->

Are Workers' Comp Benefits Ever Taxable? 

While most workers’ compensation benefits are fully tax exempt at the federal, state, and local level, this is not always the case where the beneficiary is also receiving Social Security Disability Insurance (SSDI) benefits.  Read more ->


New Law Mandates Creation of a National Plan to Support Caregivers

The RAISE Act, a new bill passed by Congress and signed into law, directs the federal government to create a national Family Caregiving Strategy.  Read more ->