November 2022
Whoever you select to oversee your trust will owe a fiduciary duty to the beneficiaries of your trust. Hopefully, your trustee will not encounter any legal issues while administering your trust. Still, sometimes a trustee cannot avoid a date in court. Smart Asset explains that someone cannot directly litigate a trust, but a trustee may become the target of a lawsuit . It is possible a person could sue a trust or contest it in court. Here is a look at how these two concepts differ. Why people sue a trust A person suing a trust is usually seeking compensation from the assets contained in the trust. To take an example, if your trustee gets into an auto accident while driving a car titled to the trust, the injury victims may sue to collect money from the trust itself as a way to get damages from the trustee. Creditors could also sue your trustee to collect trust money to pay off debts owed by your trustee. Why people contest a trust Contesting a trust involves litigating the terms of the trust. This can happen if someone thinks the trust lacks validity, perhaps because a malicious party forged the trust documents or doctored a legitimate trust document. Sometimes family members suspect the trust creator was the victim of undue influence or elder abuse. They could believe a relative created a trust according to the whims of an abusive party. Relatives of the abused party may try to get a court to remove the trustee. A good trustee may inspire confidence  The possibility that your trustee may have to deal with litigation is a good reason to select a competent trustee. Someone who acts in a professional and ethical manner may assure your beneficiaries that your trust is in good hands.
If you have a friend who has a relative with a disability or other special needs, your friend may have asked you to be a trustee of a special needs trust. Before you agree to do so, though, you should know exactly what the role involves. A special needs trust is a unique estate planning tool that allows individuals to set aside funds for the benefit of someone else without jeopardizing that person’s eligibility for needs-based government benefits. As a trustee of a special needs trust, you would oversee and manage the trust. We strongly urge that all trustees of special needs trusts engage an attorney to advise them on this highly complex rol Keeping the beneficiary eligible for government help Arguably, the most important duty any trustee of a special needs performs is ensuring the beneficiary continues to qualify for government assistance. According to USA.gov, there are many public benefits programs for which a beneficiary may be eligible. This means you must closely scrutinize all disbursement requests to determine whether they are permissible under the rule of the program that gives benefits to the beneficiary. Complying with investment, reporting, and recordkeeping obligations Much of being a trustee of a special needs trust involves investing trust assets and ordinary reporting and recordkeeping. As part of these duties, you may have to invest funds as a prudent investor would, maintain trust records, prepare reports, and file taxes. It is important to note, though, that you do not have to necessarily accomplish all these tasks on your own. Indeed, you can outsource the investing to investment advisors and some of the reporting and recordkeeping duties to accountants or other professionals. Filling gaps in the beneficiary’s care  As a trustee of a special needs trust, you will have intimate knowledge of the beneficiary’s situation. This can lead to some of the more rewarding aspects of being a trustee. Ultimately, if the beneficiary needs something to thrive, you may have to find social service providers, doctors, therapists, or others to fill the gaps.
If your child has special academic needs, his or her school may come up with an individual educational plan. According to the University of Washington, an IEP ensures your child receives specialized instruction and other educational accommodations. A team of teachers, educational professionals and advocates should develop your child’s IEP with your family’s input. Still, when you receive the proposed IEP, you may disagree with its approach or something else. You can verbally object You know your child better than anyone else does. Consequently, if the IEP does not seem to be right for your son or daughter, it makes sense to verbally object to it. You may even be able to do so during the drafting stage. Your verbal objection may encourage school professionals to rework the IEP to better suit your child’s needs. You can officially reject the IEP If your verbal objections do not do the trick, you may have to officially reject the IEP. To do so, you must sign the rejection portion of the plan and return it to school administrators. If you only object to part of the plan, it may be okay to accept the overall plan and add notations to the provisions with which you disagree.  You can lodge an official complaint Even after working with the school district, you may not have a meeting of the minds about your child’s IEP. If you reach an impasse and believe your child is suffering some type of harm, you can probably lodge an official complaint based on specific grounds. Ultimately, to ensure your child receives the special education he or she deserves, you must understand all your options and be ready to fully exercise all your legal rights.
If a parent needs to develop an Individualized Education Plan (IEP), it can take a lot of time and effort. Since Washington does not have a set standard for IEPs, it may vary hugely between schools and students alike. How can a parent use the Family and Medical Leave Act (FMLA) to ensure that they get the time they need to create a good IEP? Understanding IEPs Washington Office of Superintendent of Public Instruction discusses details about IEP . These plans should exist to allow any student to achieve financial success regardless of any mental or physical disabilities that they may also deal with. How does the FMLA help parents who need to work on an IEP? Since parents need to attend every IEP meeting to create the best plan, they will likely need to take time away from work. Most of the IEP meetings happen during workdays, after all. 2019 ruling on FMLA and IEPs In 2019, the U.S. Department of Labor ruled that parents could use FMLA paid leave in order to attend these IEP meetings. They decided this for several reasons, including the IEP being a required document for students enrolling in any special education services. It also includes the fact that people who qualify for an IEP usually have serious and life-altering conditions, and that these meetings will focus on arrangements for care.  Any employer with over 50 employees thusly cannot deny a parent paid time off to attend IEP meetings. They must allow for up to 12 weeks of paid time off in a 12-month period, and they cannot fire a person for taking this time to attend IEP meetings.
Whoever you select to oversee your trust will owe a fiduciary duty to the beneficiaries of your trust. Hopefully, your trustee will not encounter any legal issues while administering your trust. Still, sometimes a trustee cannot avoid a date in court. Smart Asset explains that someone cannot directly litigate a trust, but a trustee may become the target of a lawsuit . It is possible a person could sue a trust or contest it in court. Here is a look at how these two concepts differ. Why people sue a trust A person suing a trust is usually seeking compensation from the assets contained in the trust. To take an example, if your trustee gets into an auto accident while driving a car titled to the trust, the injury victims may sue to collect money from the trust itself as a way to get damages from the trustee. Creditors could also sue your trustee to collect trust money to pay off debts owed by your trustee. Why people contest a trust Contesting a trust involves litigating the terms of the trust. This can happen if someone thinks the trust lacks validity, perhaps because a malicious party forged the trust documents or doctored a legitimate trust document. Sometimes family members suspect the trust creator was the victim of undue influence or elder abuse. They could believe a relative created a trust according to the whims of an abusive party. Relatives of the abused party may try to get a court to remove the trustee. A good trustee may inspire confidence  The possibility that your trustee may have to deal with litigation is a good reason to select a competent trustee. Someone who acts in a professional and ethical manner may assure your beneficiaries that your trust is in good hands.
If you have a friend who has a relative with a disability or other special needs, your friend may have asked you to be a trustee of a special needs trust. Before you agree to do so, though, you should know exactly what the role involves. A special needs trust is a unique estate planning tool that allows individuals to set aside funds for the benefit of someone else without jeopardizing that person’s eligibility for needs-based government benefits. As a trustee of a special needs trust, you would oversee and manage the trust. We strongly urge that all trustees of special needs trusts engage an attorney to advise them on this highly complex rol Keeping the beneficiary eligible for government help Arguably, the most important duty any trustee of a special needs performs is ensuring the beneficiary continues to qualify for government assistance. According to USA.gov, there are many public benefits programs for which a beneficiary may be eligible. This means you must closely scrutinize all disbursement requests to determine whether they are permissible under the rule of the program that gives benefits to the beneficiary. Complying with investment, reporting, and recordkeeping obligations Much of being a trustee of a special needs trust involves investing trust assets and ordinary reporting and recordkeeping. As part of these duties, you may have to invest funds as a prudent investor would, maintain trust records, prepare reports, and file taxes. It is important to note, though, that you do not have to necessarily accomplish all these tasks on your own. Indeed, you can outsource the investing to investment advisors and some of the reporting and recordkeeping duties to accountants or other professionals. Filling gaps in the beneficiary’s care  As a trustee of a special needs trust, you will have intimate knowledge of the beneficiary’s situation. This can lead to some of the more rewarding aspects of being a trustee. Ultimately, if the beneficiary needs something to thrive, you may have to find social service providers, doctors, therapists, or others to fill the gaps.
If your child has special academic needs, his or her school may come up with an individual educational plan. According to the University of Washington, an IEP ensures your child receives specialized instruction and other educational accommodations. A team of teachers, educational professionals and advocates should develop your child’s IEP with your family’s input. Still, when you receive the proposed IEP, you may disagree with its approach or something else. You can verbally object You know your child better than anyone else does. Consequently, if the IEP does not seem to be right for your son or daughter, it makes sense to verbally object to it. You may even be able to do so during the drafting stage. Your verbal objection may encourage school professionals to rework the IEP to better suit your child’s needs. You can officially reject the IEP If your verbal objections do not do the trick, you may have to officially reject the IEP. To do so, you must sign the rejection portion of the plan and return it to school administrators. If you only object to part of the plan, it may be okay to accept the overall plan and add notations to the provisions with which you disagree.  You can lodge an official complaint Even after working with the school district, you may not have a meeting of the minds about your child’s IEP. If you reach an impasse and believe your child is suffering some type of harm, you can probably lodge an official complaint based on specific grounds. Ultimately, to ensure your child receives the special education he or she deserves, you must understand all your options and be ready to fully exercise all your legal rights.
If a parent needs to develop an Individualized Education Plan (IEP), it can take a lot of time and effort. Since Washington does not have a set standard for IEPs, it may vary hugely between schools and students alike. How can a parent use the Family and Medical Leave Act (FMLA) to ensure that they get the time they need to create a good IEP? Understanding IEPs Washington Office of Superintendent of Public Instruction discusses details about IEP . These plans should exist to allow any student to achieve financial success regardless of any mental or physical disabilities that they may also deal with. How does the FMLA help parents who need to work on an IEP? Since parents need to attend every IEP meeting to create the best plan, they will likely need to take time away from work. Most of the IEP meetings happen during workdays, after all. 2019 ruling on FMLA and IEPs In 2019, the U.S. Department of Labor ruled that parents could use FMLA paid leave in order to attend these IEP meetings. They decided this for several reasons, including the IEP being a required document for students enrolling in any special education services. It also includes the fact that people who qualify for an IEP usually have serious and life-altering conditions, and that these meetings will focus on arrangements for care.  Any employer with over 50 employees thusly cannot deny a parent paid time off to attend IEP meetings. They must allow for up to 12 weeks of paid time off in a 12-month period, and they cannot fire a person for taking this time to attend IEP meetings.
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On Behalf of Brothers & Henderson, P.S. | Mar 6, 2025 | Social Security Disability | The Social Security Administration (SSA) requires periodic reviews to ensure individuals receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) still qualify for benefits. This process, called a Continuing Disability Review (CDR), can feel overwhelming, but preparation and knowledge can make it more manageable. Understand the review timeline The SSA reviews cases based on the likelihood of medical improvement. Those expected to improve may be reviewed every six to 18 months, while others with conditions unlikely to improve may only face reviews every five to seven years. Understanding when to expect a review can help ensure all necessary medical records are up to date. Keep medical records organized Maintaining detailed medical records is essential for a smooth review process. The SSA requires updated information about treatments, doctor visits, medications, and any changes in medical conditions. Keeping a file with this information makes it easier to provide accurate details when requested. Respond promptly to SSA notices Failure to respond to SSA requests can lead to benefit suspension. When receiving a CDR notice, reading all instructions carefully and submitting forms by the deadline is critical. If additional medical records or information are needed, contacting the healthcare provider immediately can help avoid delays. Continue medical treatment Ongoing medical treatment provides evidence that the disability still limits the ability to work. Gaps in treatment can raise questions about whether benefits are still necessary. Following prescribed treatments and regularly visiting healthcare providers can strengthen the case during a CDR. Seek legal or professional assistance if needed If the SSA determines that benefits should end, appealing the decision is an option. Seeking help from a disability attorney or advocate can improve the chances of a successful appeal. Professionals understand the legal requirements and can guide individuals through the appeals process effectively. Knowing SSA policies and rights under disability laws helps individuals navigate the system confidently. Resources such as SSA’s website and disability advocacy groups provide valuable information to ensure continued eligibility for benefits.
An Individualized Education Program (IEP) is a detailed document that outlines the educational plan for a student eligible for special education, specifying the special education and related services tailored to meet their unique needs. When parent(s)/legal guardian(s) attend an initial IEP meeting, they are (or should be) given a draft of a large document filled with information that may be new and somewhat intimidating to them. Subsequent IEPs are similarly packed with information. Given the extensive material that fills an IEP, it may be hard to know what to pay particular attention to in it. Here are my top five things to focus on in an IEP: 1. There should be two different signature pages on initial IEPs: a. Parents sign to document their attendance at IEP meeting. b. Parents sign a second page at the end of the meeting to agree to the IEP and the services to be provided under it. Note regarding the 2 nd signature page: Parents should not sign the second page until they have had all questions answered and they are in agreement with the services to be provided. If parents disagree with the IEP, they should discuss it with the IEP Team and ask for changes to be made. Special Ed. services typically will not begin until parents have signed this page. This second signature page is typically not required beyond the initial IEP. At IEP meetings with only one signature page, parents should clearly state the intent of their signature, e.g. “I am signing just to indicate that I am in attendance at the meeting, right? Not that I necessarily agree with the contents yet?” 2. Present Levels/Goals/Objectives – this is documentation of what the student can do now, what the team wants the student to be able to do over the course of a year, and how the SPED staff plan to help the student make progress toward that goal. Present Levels of Functioning (or Performance) – In reviewing these, parents should ask themselves: Does this appear accurate? Does it include the child’s strengths as well as challenges? Is there anything they’d like added? Are there other details about the students present functioning/performance that would help the IEP team to decide on appropriate goals or services? Parents are part of the IEP team, so don’t be afraid to ask that information be added or altered. Goals & Objectives -- All goals and objectives need to be SMART (Specific, Measurable, Achievable, Relevant, and Time-bound). Look at what is being worked on with the student and how it’s being worked on. SPECIFIC. What exact skill is being worked on in the goal? What exact requirements must the student demonstrate to meet the goal? MEASURABLE . What method(s) will be used to track the student’s progress? How will teachers and parents know when the goal is met? Make sure the methods of measurement are specific and clear and that progress is noted by some form of documentation (e.g. “as measured by teacher observation” is vague and it’s not clear if/how the teacher will keep track of the observations or if there is any structure to the observations and data collection). If the staff is not collecting data, ask how they can tell if the student is progressing toward the goals? (The answer is, they really can’t do so in a valid and reliable way that has meaning.) Ask to see the data being collected . Parents should be able to see the data collected upon request (make sure to ask for it during/throughout the school year, as schools often throw data sheets out at the end of the school year). ACHIEVABLE. Is the goal realistic for the student to reach within a year’s time? Does it seem too difficult or too easy? RELEVANT. Is the goal something that will really help the student? Is it useful to the student to learn the skill the goal addresses? TIME-BOUND. Does the goal contain a start date and end date? OTHER THINGS TO WATCH FOR: Are the goals the same (or very similar) year after year with little or no change? There should be no need to repeat the same goal over and over if it’s not working for the student (i.e. progress isn’t being made). This is a sign that the goal is not working and should be revised or scrapped for a completely new one. Do the goals address all areas of the student’s needs as identified in the evaluation report? The areas of recommended specially designed instruction – SDI -- (i.e. the goals) should be stated in the evaluation report. The IEP drafter(s) then take those recommendations and create goals from them based on the student’s specific and unique needs. If parents think a goal needs to be changed or tweaked a bit, tell the IEP Team at the meeting (or beforehand if they get an early draft of the IEP). 3. Accommodations – these are changes to the student’s learning environment that help them access the curriculum. Think of the student’s needs in completing schoolwork/tasks at home, getting through the school day, approaching challenging tasks, maintaining focus, calming down when stressed, etc. Are there any accommodations the student needs (or would benefit from) that are missing? Ask to have them added. Take note of whether each accommodation is for the classroom, testing settings, or other times/aspects of the school day. If parents think anything is missing, they should discuss it with the IEP Team and ask that it be added. Do the accommodations seem reasonable and make sense? Do you understand from the written document when and specifically how the accommodations will be provided? 4. Service matrix pages (including placement, ESY, transportation, ERP and PE). Services: This information is usually presented in a grid format in the latter part of the IEP, and it documents the various services, number of minutes the services are provided, and by whom. Note areas of SDI being provided, by whom, in what setting (General Ed. or Special Ed.), and for how many minutes in the school day/times per week. Is SPED teacher, a paraeducator/aide, or someone else providing the minutes? Any Related Services provided? In what areas and how many minutes/times per week? If they are held on a day the student often experiences particular difficulty (such as more difficulty focusing or having meltdowns, etc.) at the start of the week or the end of the week, ask if it’s possible to change to a different day. Are any Supplementary Aids and Services being provided? What are they, when, where and by whom? If the student has a 1:1 paraeducator/aide, that service will typically be listed in this area of the service matrix chart. Placement: Students need to be placed in the Least Restrictive Environment for their learning (i.e. we don’t want to overload them with services and supports they don’t really need, but we also want to provide those services in the general setting if reasonable and we do not want to underserve students). Time: Check the percentage of time the student will spend in General Ed. vs. Special Ed. classes. Does it seem like too much, too little, or just right? Transportation, ESY, PE and ERP: Notice whether the boxes providing for special transportation, extended school year (ESY), special PE, and/or an Emergency Response Protocol (ERP) for the student were checked. Are any checks missing that should be there? Are any present that shouldn’t be, or that you have questions about? Talk to the IEP team about it, ask questions, and make sure you understand why any of these boxes are/are not checked. If ERP is checked, ask for a copy of it. If school doesn’t have it in writing, it should be put in writing and parents should have a copy.
A guardian has a legal duty to make decisions that protect and support the person in their care, called the ward. This includes handling money, making medical choices, and keeping the ward safe. Courts choose guardians for people who cannot care for themselves because of age, illness, or disability. Guardians must be honest, careful, and put the ward’s needs first. Ways a guardian can break their duty A guardian breaks their duty when they fail to act in the ward’s best interest . This can happen if they misuse money, ignore the ward’s needs, or make choices that benefit themselves instead. Some common examples include spending the ward’s money on personal expenses, refusing needed medical care, or allowing unsafe living conditions. These actions can lead to serious legal trouble. Legal consequences of breaking fiduciary duty Guardians who do not follow their legal duties can face serious penalties. A court can remove them from their role, make them pay back stolen or misused money, or fine them. If the wrongdoing is severe, they may even face criminal charges like fraud, theft, or abuse. Family members, friends, or government agencies can take legal action to protect the ward. How courts handle guardians who break the rules Courts take violations of fiduciary duty very seriously. If someone reports a problem, a judge may investigate or require the guardian to show financial records. If the court finds wrongdoing, the guardian may be removed and replaced with someone more responsible. Courts may also take further legal steps to punish bad behavior and protect the ward. How guardians can avoid legal trouble Guardians can follow the rules by keeping good records, being honest about their actions, and asking for legal advice when needed. Talking to lawyers or financial professionals can help them make the right decisions. Family members and friends should also stay involved to make sure the guardian is acting responsibly. Being a guardian is a serious job that requires honesty and care. Guardians must act in the best interest of the ward and follow the law. By staying informed, seeking advice, and making ethical choices, guardians can ensure they fulfill their role properly and protect the people who depend on them.
Students with disabilities in Washington state have legal protections when facing disciplinary action. These protections ensure fair treatment and prevent discrimination. Schools must follow federal and state laws to safeguard the educational rights of students with disabilities. If your child with special needs is facing suspension or expulsion, it is important to know how you can advocate for their rights. How IDEA protects students with disabilities The Individuals with Disabilities Education Act (IDEA) outlines specific procedures schools must follow. When a student with a disability faces a suspension or expulsion that lasts more than ten school days, schools must conduct a manifestation determination review (MDR). This review examines the relationship between the student’s disability and the behavior in question. During the MDR process, a team reviews the student’s Individualized Education Program (IEP). This team includes parents, educators and other professionals. They will work to answer two important questions: Was the behavior caused by, or directly related to, the student’s disability? Did the school’s failure to implement the IEP contribute to the behavior? If the team determines that the behavior resulted from the student’s disability or a failure to follow the IEP, the school cannot proceed with the suspension or expulsion. Instead, the school must develop or modify the student’s behavior intervention plan and work to prevent future incidents. When disciplinary action is admissible If the behavior was not related to the disability, the school may apply the same disciplinary actions used for other students. However, the school must still provide educational services to the student during the suspension or expulsion period. These services allow the student to continue progressing in the general education curriculum and working on IEP goals. Families play a valuable role in advocating for their child’s rights during the disciplinary process. They can request an independent evaluation or additional meetings if they disagree with the MDR’s findings. These protections ensure equal opportunity in special education , even when facing disciplinary challenges.
Setting up a special needs trust is a critical step in securing the financial future of a loved one with disabilities. Avoiding these common mistakes ensures that a special needs trust provides long-term support without jeopardizing government benefits. Careful planning and professional guidance help families secure their loved one’s financial future. 1. Failing to choose the right type of trust Many people make the mistake of choosing the wrong type of trust. Special needs trusts come in two main types: first-party and third-party trusts. The beneficiary’s assets fund a first-party trust, while parents or relatives fund a third-party trust. Selecting the wrong type directly impacts eligibility for government benefits. 2. Naming an unsuitable trustee Selecting the wrong trustee can lead to mismanagement of trust assets. The trustee should have financial knowledge, understand government benefit rules, and act in the best interests of the beneficiary. Many families benefit from using a professional trustee or co-trustees to ensure proper administration. 3. Failing to fund the trust properly Setting up a trust but not funding it is a costly mistake. Ensure that assets intended for the beneficiary, such as life insurance or inheritance, are directed to the trust. Avoid giving assets directly to the beneficiary, as this could disqualify them from receiving government benefits. 4. Ignoring the impact of government benefits A special needs trust must be structured to maintain the beneficiary’s eligibility for programs like Supplemental Security Income (SSI) and Medicaid. Mismanaging the trust or failing to follow the rules can result in a loss of these critical benefits. Working with a knowledgeable attorney can help avoid these issues. 5. Neglecting regular updates Family and financial situations and the law change over time. Failing to update the trust to reflect these changes can create problems for the beneficiary. Regularly review the trust to ensure it meets current needs and complies with evolving laws.
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