August 2016

Two years after the passage of the Achieving a Better Life Experience (ABLE) Act, four states — Florida, Nebraska, Ohio and Tennessee – have ABLE plans up and running, and all but Florida allow out-of-state beneficiaries to open accounts.

The 5th Circuit Court of Appeals rules that a personal injury plaintiff is not entitled to vacate a judgment setting up a special needs trust to hold the proceeds from his settlement because he should have appealed the court order setting up the trust instead.  Newsome v. National Casualty Company (5th Cir., No. 15-30573, Aug. 11, 2016).

A Delaware trial court refuses to overturn a jury\’s verdict or award a new trial in the case of a trustee convicted of stealing trust funds, finding that a reasonable jury could have found that nearly $300,000 in unaccounted for cash withdrawals from the trust were purloined by the trustee.  State v. Wilson (Del.Super.Ct., No. 1507000321, July 14, 2016).

The 4th Circuit Court of Appeals finds that a federal district court erred when it significantly reduced the attorneys’ fees sought by the lawyers for a woman with disabilities whose case resulted in the right to file 1983 claims based on the state\’s failure to provide Medicaid waiver services within a reasonable time.  Doe v. Kidd (4th Cir., Nos. 14-428, 14-429, 15-1022, 15-1024 and 15-1026, Aug. 9, 2016).

A South Carolina appeals court rules that the ex-husband of a special needs trust beneficiary was not prejudiced when, in the middle of a trial of his action to remove the trustees, the probate court added the beneficiary as a party.  In Re: The Abbie Dorn Special Needs Trust (S.C. App. Ct., No. 2015-000659, Aug. 3, 2016).

Massachusetts’ highest court rules that an interest in an irrevocable, discretionary trust with an open class of beneficiaries is not subject to equitable division in one of the beneficiary\’s divorce proceedings.  Pfannenstiehl v. Pfannenstiehl (Mass., SJC-12031, Aug. 4, 2016).

For a variety of reasons, people with special needs are more likely to suffer physical, mental and financial abuse than are others. Here are some ways to prevent and recognize abuse.

Taking care of a loved one with special needs can be exhausting and stressful. Here are some ways to take care of yourself and make sure you can take care of your loved one.

Trustees of special needs trusts have many important responsibilities, but these five likely rank at the top of any trustee\’s list.

The Special Needs Trust Fairness Act, a bill that would correct a decades-old error in federal law that prohibits people with special needs from creating their own special needs trusts, has passed out of the House Energy and Commerce Committee, bringing it one step closer to passage.