Articles by Our Attorneys

Special Needs Frequently Asked Questions

Misty A. Watson

Misty A. Watson




What are the different types of Special Needs Trusts?

There are three different types of Special Needs Trusts. The first two are known as Third-Party Grantor Trusts. A Grantor is the person who initially sets up the trust. These trusts are structured to benefit a person with special needs, but are set up by another party and funded with monies that are not in the name of the person with special needs. A Third-Party Grantor Trust can be set up in two different ways.

The first type of special needs trust is more commonly set up by parents of the child with special needs. In this trust, the funds are initially controlled by the Grantor. Upon the Grantor’s death, the funds are utilized for the benefit of the person with special needs. Even then, the trust must be carefully worded in order to restrict distributions that might disqualify the beneficiary from government programs.

Continue reading »

10/1/08 11:44 AM

Special Needs | Comment (0) |

Permalink
Special Needs Frequently Asked Questions

Windshield Placards for Disabled Persons


Danna McKitrick




Charlotte Klingler, et al. v. Director of Revenue, State of Missouri.

Fred Switzer (now retired) was lead counsel for plaintiffs in a successful class action suit against the State of Missouri. The suit alleged the State of Missouri violated the Americans with Disabilities Act (ADA), by charging an annual fee for the use of removable windshield placards that allow disabled persons to park in reserved spaces.

That suit, filed in 1996, was vigorously opposed by Missouri. In 1998, the U.S. District Court for the Western District of Missouri granted the plaintiffs’ request for declaratory and injunctive relief, prohibiting Missouri from charging a fee for the placard.

Continue reading »

09/28/06 3:56 PM

Case Studies, Special Needs | Comment (0) |

Permalink
Windshield Placards for Disabled Persons
Next Entries »