Wednesday, March 30, 2011

Our daughter Brooke

I was wondering if you could point us in a right direction. Our daughter Brooke is finishing her freshman year at college, going into deaf Studies. Brooke is looking for some ideas, or work to keep what she learn already fresh over the summer. I would say do an over night camp, but she already has her owner place, that would defeat the point. The deaf camps that Brooke has look into. She did not taken the classes yet to give her the skills they are looking for.
I told Brooke to call UCP to see if they still do the day camp. By summer Brooke will be 19, so would anyone have somebody, or group she could contact. Any ideas would be gratefully appreciated.

Thanks,
Dan

Thursday, March 24, 2011

What Is Your Opinion

When we moved into our new house I knew the neighbors would have issues when I started back with my art. I thought it would be over smells, not because of noise. Also to remind you we do live with Dena’s ex-husband Mike. Last summer Dena and I was in the carage and started to talk with our neighbor, it was like an introduction to Dan. I have C.P. and have a career as an artist, so I work at home.

This really started on Christmas Eve, mike goes away and we would were having company. Dena Started cleaning, her back was hurting, so I took over the laundry. Our laundry room is on the third floor; I went from the second and third floors many times that night, but was done by 11 p.m. The next morning he stops one of our guests and says we kept him up all night going up and down the stairs until 2 a.m. also we are lucky he does not go to the home owner association about us. Then Mike gets home and the guy next door tells him what happened. This is making me feel like we are back in high school and telling on us.


In my studio there must be a floor Joyce loose, because when I crawl around the floor squeaks. During the time I was making work for my new show I never worked past 8 at night. Although I did reasonable hours, he complained many times to Mike about the noise. He never speaks to me about this issue, because I will tell him different. They do have a new baby, but never expressed that the noise was disturbing their baby just him.

I did get a chance to say that I was helping my wife with the laundry on Christmas Eve and he just blew that off. When we had the big snow, he came to help dig out our car. I wanted to explode, because I knew he was being fake. Dena thought he was apologizing, but he did not disappoint. A few days later I was doing art and he comes knocking again about the noise. He is basically telling me what I can do in my own home, if not being discriminating.

The same neighbors now have their house up for sale. He has express concern to Mike about noise from the bathroom project, during his open houses. Most people looking at homes like to know that other owners maintain the surrounding places. You can tell this guy is uptight and does not like others to challenge him. For the people that know me, maybe you should send your condolences his way.

It’s a Good Thing (Ok friend, here is my latest in search of…)

Today the people came from Accessible Housing Services, to review the project before they start funded by Baltimore Co. Office of Community Conservation. To there enjoyment they did not see any last minute surprises that would delay the projects. Unlike when we put in the front-loading washer and dryer.
So they will be starting the bathroom project on April 6th and hope it would take 4 days at the most 5. The boss is hoping to have the stairlift install at the same time. It so happens that we are going out of town at that time so when we get home, a new accessible shower will be waiting.
A week after we put in the remote caroge door opener my electric chair completely blew up. Then something happened to the caroge door so it unhook from the opener. Before the guys left today they were able to fix that. Plus I got an appointment at KKI to do an evaluation for a new power chair.

Wednesday, March 23, 2011

HOUSE BILL 1277, Senate Bill 888 MD Trusts – Special Needs, Supplemental Needs, or Pooled Asset Special Needs pt.II

Yesterday I was asked by my trust lawyers to accompany them to the Maryland Senate to testify for MD Bill 888. After searching for the interpretation to everyday language, the purpose of passing this bill is to stop other state agencies from putting additional limitations on what the trust can be used for as time goes on. In reality this added limitations end up being in violation of federal laws that already exist.

In my opinion, it is highly unfair to write new restrictions for a process that is already complex from the start. In 2001 when we setup my special needs trust I understood that I could not use it for everyday life cost cover by SSI. Over the years I have notice that I had to justify more and more the things that I would like to do with my trust.

Over the years I notice, I used to pay a friend to repair something around my home, but now before work can start I have to obtain 3 estimates before work can start. If the cost is more then a certain amount I have to use a license contractor. Even now when I buy electronics, I have to get 3 prices for the items.

This just makes it more confusing and frustrating for the trustee and the recipient. I get to the point where it is not worth using my trust, if I hear no to many times. I would rather go without.

If no rules are being broken and no harm is being done, it’s not right to add limitations, or stipulations that would cause this to take place.


SENATE BILL 888
N2 1lr2851 CF 1lr2868
By: Senator Gladden Introduced and read first time: February 21, 2011 Assigned to: Rules
A BILL ENTITLED
1 AN ACT concerning
2 Trusts – Special Needs, Supplemental Needs, or Pooled Asset Special Needs
3 Trusts – Public Benefits
4 FOR the purpose of stating that the policy of this State is to encourage the use of
5 certain special needs trusts or supplemental needs trusts by individuals with
6 disabilities of all ages for certain reasons; requiring certain State agencies to
7 adopt regulations that are not more restrictive than existing federal law,
8 regulations, or policies with regard to the treatment of special needs trusts or
9 supplemental needs trusts; requiring the regulations to allow certain funding
10 and use of special needs trusts; establishing that a certain determination of the
11 Internal Revenue Service or the Maryland Department of Assessments and
12 Taxation regarding the nonprofit status of organizations that operate a pooled
13 asset special needs trust is sufficient to satisfy a certain requirement of federal
14 law; prohibiting State agencies from imposing additional requirements on
15 organizations that operate a pooled asset special needs trust for a certain
16 purpose; defining certain terms; and generally relating to special needs and
17 supplemental needs trusts.
18 BY adding to 19 Article – Estates and Trusts 20 Section 14–114 21 Annotated Code of Maryland 22 (2001 Replacement Volume and 2010 Supplement)
23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 24 MARYLAND, That the Laws of Maryland read as follows:
25 Article – Estates and Trusts
26 14–114.
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.
*sb0888*
2 SENATE BILL 888
1 (A) IN THIS SECTION, “SPECIAL NEEDS TRUST” AND “SUPPLEMENTAL
2 NEEDS TRUST” INCLUDE A TRUST FUNDED BY A TRUST BENEFICIARY OR BY A
3 THIRD PARTY.
4 (B) IT IS THE POLICY OF THE STATE TO ENCOURAGE THE USE OF A SPECIAL NEEDS TRUST OR SUPPLEMENTAL NEEDS TRUST BY AN INDIVIDUAL OF
6 ANY AGE WITH DISABILITIES TO PRESERVE FUNDS TO PROVIDE FOR THE NEEDS
7 OF THE INDIVIDUAL NOT MET BY PUBLIC BENEFITS AND TO ENHANCE QUALITY
8 OF LIFE.
9 (C) (1) EACH STATE AGENCY THAT PROVIDES PUBLIC BENEFITS TO INDIVIDUALS WITH DISABILITIES OF ALL AGES THROUGH MEANS–TESTED 11 PROGRAMS, INCLUDING THE MEDICAL ASSISTANCE PROGRAM, SHALL ADOPT 12 REGULATIONS THAT ARE NOT MORE RESTRICTIVE THAN EXISTING FEDERAL 13 LAW, REGULATIONS, OR POLICIES WITH REGARD TO THE TREATMENT OF A 14 SPECIAL NEEDS TRUST OR SUPPLEMENTAL NEEDS TRUST, INCLUDING A TRUST DEFINED IN 42 U.S.C. § 1396P(C)(2) AND (D)(4).
16 (2) THE REGULATIONS DESCRIBED IN PARAGRAPH (1) OF THIS 17 SUBSECTION SHALL ALLOW:
18 (I) A POOLED ASSET SPECIAL NEEDS TRUST, AUTHORIZED 19 IN 42 U.S.C. § 1396P(D)(4)(C), TO RETAIN FUNDS REMAINING IN AN INDIVIDUAL
BENEFICIARY’S ACCOUNT AFTER THE DEATH OF THE BENEFICIARY, WITHOUT 21 LIMIT;
22 (II) AN INDIVIDUAL ACCOUNT IN A POOLED ASSET SPECIAL
23 NEEDS TRUST TO BE FUNDED WITHOUT FINANCIAL LIMIT;
24 (III) A FUND IN A SPECIAL NEEDS TRUST, SUPPLEMENTAL
NEEDS TRUST, OR POOLED ASSET SPECIAL NEEDS TRUST TO BE USED FOR THE
26 SOLE BENEFIT OF THE BENEFICIARY INCLUDING, AT THE DISCRETION OF THE 27 TRUSTEE, DISTRIBUTIONS FOR FOOD, SHELTER, UTILITIES, AND
28 TRANSPORTATION;
29 (IV) AN INDIVIDUAL TO ESTABLISH OR FUND AN INDIVIDUAL
ACCOUNT IN A POOLED ASSET SPECIAL NEEDS TRUST WITHOUT AN AGE LIMIT
31 OR A TRANSFER PENALTY;
32 (V) AN INDIVIDUAL TO FUND A SPECIAL NEEDS TRUST OR 33 SUPPLEMENTAL NEEDS TRUST FOR THE INDIVIDUAL’S CHILD WITH 34 DISABILITIES WITHOUT A TRANSFER PENALTY AND REGARDLESS OF THE
CHILD’S AGE; AND SENATE BILL 888 3
1 (VI) ALL LEGALLY ASSIGNABLE INCOME OR RESOURCES TO 2 BE ASSIGNED TO A SPECIAL NEEDS TRUST, SUPPLEMENTAL NEEDS TRUST, OR 3 POOLED ASSET SPECIAL NEEDS TRUST WITHOUT LIMIT.
4 (D) (1) A DETERMINATION OF THE INTERNAL REVENUE SERVICE OR 5 THE DEPARTMENT OF ASSESSMENTS AND TAXATION REGARDING THE 6 NONPROFIT STATUS OF AN ORGANIZATION OPERATING A POOLED ASSET 7 SPECIAL NEEDS TRUST SHALL BE SUFFICIENT TO SATISFY THE NONPROFIT 8 REQUIREMENT OF 42 U.S.C. § 1396P(D)(4)(C).
9 (2) A STATE AGENCY MAY NOT IMPOSE ADDITIONAL 10 REQUIREMENTS ON AN ORGANIZATION DESCRIBED IN PARAGRAPH (1) OF THIS 11 SUBSECTION FOR THE PURPOSE OF QUALIFYING OR DISQUALIFYING THE 12 ORGANIZATION FROM OFFERING A POOLED ASSET SPECIAL NEEDS TRUST.
13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 October 1, 2011.

Thursday, March 17, 2011

HOUSE BILL 1277, Senate Bill 888 MD Trusts – Special Needs, Supplemental Needs, or Pooled Asset Special Needs

HOUSE BILL 1277
N2 1lr2868 CF SB 888
By: Delegates Smigiel and McDermott Introduced and read first time: February 24, 2011 Assigned to: Rules and Executive Nominations
A BILL ENTITLED
1 AN ACT concerning
2 Trusts – Special Needs, Supplemental Needs, or Pooled Asset Special Needs
3 Trusts – Public Benefits
4 FOR the purpose of stating that the policy of this State is to encourage the use of
5 certain special needs trusts or supplemental needs trusts by individuals with
6 disabilities of all ages for certain reasons; requiring certain State agencies to
7 adopt regulations that are not more restrictive than existing federal law,
8 regulations, or policies with regard to the treatment of special needs trusts or
9 supplemental needs trusts; requiring the regulations to allow certain funding
10 and use of special needs trusts; establishing that a certain determination of the
11 Internal Revenue Service or the Maryland Department of Assessments and
12 Taxation regarding the nonprofit status of organizations that operate a pooled
13 asset special needs trust is sufficient to satisfy a certain requirement of federal
14 law; prohibiting State agencies from imposing additional requirements on
15 organizations that operate a pooled asset special needs trust for a certain
16 purpose; defining certain terms; and generally relating to special needs and
17 supplemental needs trusts.
18 BY adding to 19 Article – Estates and Trusts 20 Section 14–114 21 Annotated Code of Maryland 22 (2001 Replacement Volume and 2010 Supplement)
23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 24 MARYLAND, That the Laws of Maryland read as follows:
25 Article – Estates and Trusts
26 14–114.
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.
*hb1277*
2 HOUSE BILL 1277
1 (A) IN THIS SECTION, “SPECIAL NEEDS TRUST” AND “SUPPLEMENTAL 2 NEEDS TRUST” INCLUDE A TRUST FUNDED BY A TRUST BENEFICIARY OR BY A 3 THIRD PARTY.

(B) IT IS THE POLICY OF THE STATE TO ENCOURAGE THE USE OF A SPECIAL NEEDS TRUST OR SUPPLEMENTAL NEEDS TRUST BY AN INDIVIDUAL OF 6 ANY AGE WITH DISABILITIES TO PRESERVE FUNDS TO PROVIDE FOR THE NEEDS 7 OF THE INDIVIDUAL NOT MET BY PUBLIC BENEFITS AND TO ENHANCE QUALITY 8 OF LIFE.

9 (C) (1) EACH STATE AGENCY THAT PROVIDES PUBLIC BENEFITS TO INDIVIDUALS WITH DISABILITIES OF ALL AGES THROUGH MEANS–TESTED 11 PROGRAMS, INCLUDING THE MEDICAL ASSISTANCE PROGRAM, SHALL ADOPT 12 REGULATIONS THAT ARE NOT MORE RESTRICTIVE THAN EXISTING FEDERAL 13 LAW, REGULATIONS, OR POLICIES WITH REGARD TO THE TREATMENT OF A 14 SPECIAL NEEDS TRUST OR SUPPLEMENTAL NEEDS TRUST, INCLUDING A TRUST DEFINED IN 42 U.S.C. § 1396P(C)(2) AND (D)(4).

16 (2) THE REGULATIONS DESCRIBED IN PARAGRAPH (1) OF THIS 17 SUBSECTION SHALL ALLOW:
18 (I) A POOLED ASSET SPECIAL NEEDS TRUST, AUTHORIZED 19 IN 42 U.S.C. § 1396P(D)(4)(C), TO RETAIN FUNDS REMAINING IN AN INDIVIDUAL
BENEFICIARY’S ACCOUNT AFTER THE DEATH OF THE BENEFICIARY, WITHOUT 21 LIMIT;
22 (II) AN INDIVIDUAL ACCOUNT IN A POOLED ASSET SPECIAL 23 NEEDS TRUST TO BE FUNDED WITHOUT FINANCIAL LIMIT;
24 (III) A FUND IN A SPECIAL NEEDS TRUST, SUPPLEMENTAL
NEEDS TRUST, OR POOLED ASSET SPECIAL NEEDS TRUST TO BE USED FOR THE 26 SOLE BENEFIT OF THE BENEFICIARY INCLUDING, AT THE DISCRETION OF THE 27 TRUSTEE, DISTRIBUTIONS FOR FOOD, SHELTER, UTILITIES, AND 28 TRANSPORTATION;
29 (IV) AN INDIVIDUAL TO ESTABLISH OR FUND AN INDIVIDUAL
ACCOUNT IN A POOLED ASSET SPECIAL NEEDS TRUST WITHOUT AN AGE LIMIT 31 OR A TRANSFER PENALTY;
32 (V) AN INDIVIDUAL TO FUND A SPECIAL NEEDS TRUST OR 33 SUPPLEMENTAL NEEDS TRUST FOR THE INDIVIDUAL’S CHILD WITH 34 DISABILITIES WITHOUT A TRANSFER PENALTY AND REGARDLESS OF THE
CHILD’S AGE; AND HOUSE BILL 1277 3
1 (VI) ALL LEGALLY ASSIGNABLE INCOME OR RESOURCES TO 2 BE ASSIGNED TO A SPECIAL NEEDS TRUST, SUPPLEMENTAL NEEDS TRUST, OR 3 POOLED ASSET SPECIAL NEEDS TRUST WITHOUT LIMIT.
4 (D) (1) A DETERMINATION OF THE INTERNAL REVENUE SERVICE OR 5 THE DEPARTMENT OF ASSESSMENTS AND TAXATION REGARDING THE 6 NONPROFIT STATUS OF AN ORGANIZATION OPERATING A POOLED ASSET 7 SPECIAL NEEDS TRUST SHALL BE SUFFICIENT TO SATISFY THE NONPROFIT 8 REQUIREMENT OF 42 U.S.C. § 1396P(D)(4)(C).
13 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14 October 1, 2011.
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