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Estate Planning, Guardianship and Trust Planning for Disabled Children


When the attorneys at Justice for Kids settle any case, we know that these are recoveries and the settlements or judgments were planned to be part of a life care plan created by our experts, so that the assets should be protected and utilized for their intended purpose. Towards that end, Medicaid Trusts and guardianships for children and disabled persons are often required by law or are critical to protect and implement these plans. Often, the child’s Medicaid eligibility can be protected with special needs trusts. Sometimes, structured settlements are also utilized as the appropriate tool. Similarly, parents of disabled children want to protect and plan for the distribution and management of their estates with the use of trusts and other planning devices.

  • Attorneys Establish Standard Used to Determine Eligibility Based Upon Mental Retardation in State of Florida. In this important case, Howard Talenfeld established the standard used to determine eligibility based upon mental retardation in the State of Florida when, for more than 20 years, the state of Florida arbitrarily denied eligibility to persons who met the threshold established by the Florida Legislature. A law was established that the Agency for Persons with Disabilities cannot pick and choose between available full scale IQ scores to defeat eligibility, but rather must consider all scores in making its determination and then look to the person’s adaptive or survival skills in determining eligibility. Read about the case here
  • Challenging Substantial Reduction in Private Duty Nursing Hours by Managed Care Provider. Justice for Kids attorneys Howard Talenfeld and Nicole Coniglio were successful in challenging a substantial reduction in private duty nursing hours by a managed care provider, which did a paper review reduction of benefits for a medically fragile child. They also challenged that the award was for L.P.N. hours where hours for R.N.’s should have been awarded. In 2013, they received they were honored by the Daily Business Review at its Most Effective Lawyers Awards program fortheir work on this case.
  • Justice for Kids Attorneys Challenged Decision of Florida’s Agency for Persons with Disabilities’ Not to Provide Disability Benefits. (Home and Community Based Services Waiver) for a child who was diagnosed with Asperger’s Syndrome as this diagnosis was within the definition of Autism set forth in Chapter 393, Florida Statutes.

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