NEW OPTIONS FOR SUPPORTING PERSONS WITH DISABILITIES

One of the major issues faced by families of disabled persons is how best to contribute to, or cover, the disabled persons out-of-pocket expenses, without disqualification for Medical Assistance and other need-based assistance programs. Special or Supplemental Needs Trusts, or Pooled Income Trusts, are options for families to provide a disabled loved-one with necessary funds for out-of-pocket expenses. However, a new option has been created by Congress with the passage of The Achieving a Better Life Experience Act of 2014
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Guardianship and Conservatorship Background Studies

Minn. Stat. §524.5-118 requires that proposed guardians and conservators must undergo a background study by Minnesota Department of Human Services (DHS) prior to their appointment. Following appointment, guardians must update their background studies every two years. Background studies generally include criminal history data from the Minnesota Bureau of Criminal Apprehension and data regarding whether the person has been a perpetrator of substantiated maltreatment of a vulnerable adult or minor. The background study also addresses state licensing agency data. The DHS
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Custody and Parenting Time Presumptions

We are often asked by our clients if there is a presumption favoring one party or the other in custody and parenting time cases, such as whether the courts favor mothers, or does the court assume that joint custody and equal parenting time is best for the child(ren). Generally, the answer is No – there is no presumed custody arraignment or parenting time plan. In Minnesota, there is what is known as legal custody and physical custody. Legal custody “means
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Providing Protection for our Aging Parents and Loved Ones

According to the National Council on Aging, “[f]inancial scams targeting seniors have become so prevalent that they’re now considered ‘the crime of the 21st century.'” (See NCOA Top 10 Scams Targeting Seniors). As the U.S. population ages, scammers have an ever growing group of potential victims. Threats to seniors are not limited to those from organized criminal groups; they can come from family members and so-called “friends” of the victim. Further, there is a growing problem of elder abuse. (See
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