On Sunday, April 28 at 10:30 p.m, Evan H. Farr, CELA will be the guest on "Of Consuming Interest" hosted by Shirley Rooker, radio host and President of Call For Action, Inc. On her show, Ms. Rooker typically interviews top government officials, CEOs, and experts in their respective fields about topics that are of interest to consumers.
Mr. Farr, one of the leading Elder Law Attorneys in Virginia and foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts will talk all about the Living Trust Plus(TM), and how adult children can avoid becoming responsible for the nursing home care of their parents.
Ask the Expert- Why Is Autism So Common Now?
Published: Fri, 04/26/13
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Ask the Expert- Your Elder Law Questions Answered by Evan H. Farr, CELA |
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Ask the Expert- Why Is Autism So Common Now?
Q. My ten year old son, Cole, was diagnosed with an Autism Spectrum Disorder (ASD) when he was six. He is in a class of 20 children and there are two other boys and a girl who also have an ASD, all ranging in severity. These children spend half the time in the typical class and half the time in special education. When I was growing up, the only person I knew with autism was my friend's brother, who didn't talk and was very anxious about being around others. Why is ASD so common now, as opposed to 30 years ago, and what can I and other parents do to plan for our special needs children? A. Autism spectrum disorder, or ASD, is a group of developmental disabilities that can cause significant social, communication and behavioral challenges. ASD affects each person in different ways, thus their impairment can range from mild to severe, but all those afflicted with autism share problems with social interaction.
What we know now is that there is no one cause of autism just as there is no one type. Different genes increase the probability of a child developing autism. We know that children who have a sibling or parent with autism are at a much higher risk of also having the condition or another developmental disorder. Genes may be affected by advanced parental age at time of conception.
But why is autism's prevalence increasing? Thirty years ago, the rate of autism was typically quoted as 4 in 10,000. The most recent rate reported is 1 in 50. This is an alarming increase from one in every 88 children reported by the Centers for Disease Control and Prevention just four years ago. Factors that have brought the startling levels of autism to our attention include:
Autism has come a long way in the past 30 years. We know now that autism is very common and that it may be influenced by genetic and environmental risk factors that are not well understood at this time. For these reasons, it is important for doctors, scientists, and awareness groups to keep researching the causes of autism, and to continue to promote awareness of the early signs and symptoms in order to support early diagnosis and intervention.
How can you plan for your son? More than $13 billion a year is spent to care for individuals with autism. For the average affected family, this translates to $30K per year. Many parents believe that needs-based programs such as Supplemental Security Income (SSI) and Medicaid will be enough to take care of their family members with special needs when they are gone. This is a common misconception.
SSI is the federal needs based program that many special needs children and adults may be eligible for if they meet certain income limits. Many special needs children and adults may also get Medicaid to pay for hospital stays, doctor bills, prescription drugs, and other health costs. However, once the income of a person with special needs exceeds $2,000 a year, he or she is no longer eligible for SSI or Medicaid.
Twenty million American families have at least one member with special needs, such as ASD, cerebral palsy, mental illness, blindness, and others. Parents of those with special needs are tasked with planning for their children throughout their lifetime, as many of them will outlive their parents but might not be able to support themselves and live independently.
We here at The Fairfax Elder Law Firm of Evan H. Farr, P.C., know that the majority of American families who have a loved one with special needs require a Special Needs Trust. These families typically have very little in tangible assets, second mortgages on their homes, and little to no savings (likely due to paying for the costly therapies). As a parent or guardian, you want to ensure that your child with special needs will remain financially secure even when you are no longer there to provide support. A Special Needs Trust is a vehicle that provides assets from which a disabled person can maintain his or her quality of life, while still remaining eligible for needs-based programs that will cover basic health and living expenses.
In your situation, you can create a Special Needs Trust to benefit Cole that provides instructions as to the level of care you want for him. After you are gone, the people you have chosen to manage the trust (trustees) can spend money on certain defined expenses for Cole's benefit without compromising his eligibility for needs based programs.
We invite you to call 703-691-1888 to make an appointment for a no-cost consultation with The Fairfax Elder Law Firm of Evan H. Farr P.C. to learn more about special needs planning.  Critter Corner- Featuring Ernie and Jannette
 Dear Ernie and Jannette,
April is Parkinson's Awareness Month. What are some early signs of Parkinson's Disease and how do we plan for a family member with Parkinson's? Thanks! Juana B. Reddy ------
Dear Juana, Parkinson's disease is a degenerative disorder of the central nervous system that impairs motor skills and speech. Parkinson's is characterized by muscle rigidity, tremors, a slowing of physical movement and, in extreme cases, a loss of physical movement. Symptoms may be mild at first but tend to worsen over time. There is currently no cure for Parkinson's, but medications or surgery can provide relief from the symptoms. People with early stage Parkinson's disease experience symptoms including anxiety, constipation, and drooling. Because movement problems are the main symptom of the disease, these non-motor symptoms often go undiagnosed and untreated. Parkinson's affects many systems in the body, even in its earliest stages. Often these symptoms affect people's quality of life just as much if not more than the movement problems that come with the disease. Both doctors and patients need to bring these symptoms up early and consider available treatments. A diagnosis of Parkinson's disease means adjusting to decreased mobility and other burdens of the disease. To alleviate problems later, it is important to plan now for the worst to ensure your wishes are carried out and your family protected. The first and most essential legal document is a Power of Attorney. Parkinson's disease can be very disruptive, and there may come a time with the illness that you would prefer others make choices for you. Many married couples assume that they are allowed to make legally binding decisions on behalf of their spouses. Unfortunately, this is not the case unless you sign a power of attorney.
In addition, part of lifetime planning is to ensure that you or your loved one gets the best possible care and maintains the highest possible quality of life, whether at home, in an assisted living facility, or in a nursing home.
Life Care Planning and Medicaid Asset Protection can be started any time after a person enters the "long-term care continuum," meaning that a person is starting to need assistance with Activities of Daily Living (eating, dressing, bathing, toileting, transferring, and walking) or Instrumental Activities of Daily Living (such as cooking, cleaning, caring for pets, paying bills and managing finances). This type of planning can be started while you are still able to make legal and financial decisions, or can be initiated by an adult child acting as agent under a properly-drafted Power of Attorney, even if you are already in a nursing home or receiving other long-term care assistance. In fact, the majority of our Life Care Planning and Medicaid Asset Protection clients come to us when nursing home care is already in place or is imminent. Read more about
Life Care Planning and Medicaid Asset Protection
At The Fairfax Elder Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from Parkinson's Disease and their loved ones. If you or a loved one are suffering from Parkinson's disease, we can help you prepare for your future financial and long-term care needs. We help protect your hard-earned assets while maintaining your comfort, dignity, and quality of life by ensuring your eligibility for critical government benefits. Call 703-691-1888 today to make an appointment for a no-cost consultation.
About Ernie and Jannette: African dwarf frogs Ernie and Jannette have lived at The Farr Law Firm for about two years, and they belong to Evan and Jeannie Farr. They reside on Jeannie's desk, and love socializing with Big Red the Betta fish and greeting all of the clients that come to the firm. |
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