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Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A., attorneys Richard E. Davis and Jennifer L. Lile traveled to Washington D.C. on April 16th to meet with Senators Brown, Portman and their staff as advocates for persons with disabilities. The focus of the discussion was to amend a law so that persons with disabilities may be legally allowed to create his or her own trust. As the law stands today, persons with disabilities are presumed to lack the requisite mental capacity to enter into a contract – which could be an inequity in this (d) (4) (A) Trust Law. In addition, Attorneys Davis and Lile discussed The Disabled Military Child Protection Act (H.R. 4329 of the 112th Congress) law which doesn’t allow military families to plan adequately for their special needs children as the law stands now as health care for a disabled child can exceed $100,000 a year. As this law stands now the Supplemental Needs Trust benefit will go directly to the disabled child and not to a trust. The benefit is counted as income and the veteran’s disabled child would be ineligible for federal benefits.
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