Seneca Cayuga ARC has a guardianship committee consisting of six dedicated members of the community.  The committee currently provides support to four individuals for whom NYSARC, Inc. holds guardianship. Guardianship ensures that people with disabilities who are unable to make medical decisions or major life decisions on their own have people who can make informed, caring decisions on their behalf.  For more information on guardianship contact Terri DeJohn at (315)612-0159.

The conference theme is The Future of Guardianship and Advocacy: Looking Ahead. All of the plenary sessions, panel presentations, and workshops are designed to provide the participants with practical tools and insight about current and new developments in the health care and decision making arena that have direct impact on the lives of people with intellectual and other developmental disabilities and their families.

Download the conference brochure and registration forms (.pdf)

A grant from the NYSARC Trust (administered by NYSARC Trust Services) will cover most of the cost associated with the symposium, including registration fees as well as the food and overnight room accommodations for two (2) people from each Chapter’s Guardianship Program, which will enable them to attend this exciting program.

This year, there will be a nominal registration fee of $50.00 required for two and possibly three of the Guardianship representatives who will be attending from each of the chapters.

This symposium will begin with a special film festival sponsored by Sprout for two hours beginning late Sunday afternoon scheduled from 3:00 pm – 5:00 pm. This will provide an opportunity for people to arrive leisurely prior to the next two-day intensive conference. Some of the featured renowned speakers and experts include Clarence Sundram, Esq., Gary Lind, Paul Kietzman, MaryBeth Schneider; Lawrence Faulkner, Esq., Lisa Friedman, Esq., Erica Wood, Esq. and Leigh Ann Kingsbury to name but a few.

Topics range from looking at the role of the guardian in a managed care environment and a person centered approach to guardianship and decision making to ethical decision making, healthcare advocacy and planning throughout and at the end of life; hospice and palliative care; communication and promoting good guardianship to effective strategies for financial planning on behalf of people with intellectual and other developmental disabilities; to accessing records by guardians, parents and other family members. Also, the second annual Guardianship and Recognition Award will be presented after dinner on Monday evening, April 16th.

Should you have any questions about the conference, please feel free to contact Patti Conroy at conroyp@nysarc.org, or Erica Berman at bermane@nysarc.org.

Please share or forward the program and accompanying documents on to families, providers, attorneys, members of your health care profession, and others in your community who might benefit from attending this conference.

A $5,000 NYSARC, Inc. Trusts grant allowed the Herkimer ARC to expand recreational activities, including hosting Visiting Artist Megan Crimmins, left, to work with individuals with disabilities to create unique artwork. Artist Chris Sutton, right, shares his pottery that he made on a potter’s wheel. He was one of 25 artists who showed their pottery and art creations at a show at the Herkimer ARC’s Recreation Center.

Herkimer – Thanks to a $5,000 grant from the trustees of NYSARC Trust Services, children, teens, and adults enjoyed life enriching activities while participating in Herkimer ARC’s Recreation programs.

NYSARC Trust Services awarded the 2011 grant for the purpose of creating new or expanded recreation programs for people with intellectual or other developmental disabilities.

“With federal and state funding cuts, the NYSARC Trust Services recreation grant becomes even more vital to us to help provide additional fun and meaningful events for the individuals we support,” said Susan Streeter, Herkimer ARC VP Day & Community Supports. “The money allowed us to offer pottery classes with a visiting artist complete with art show, Tai Chi classes, and other art activities. Individuals, including those who normally would not get a opportunity to see Off-Broadway shows, went to see Grease, Beauty and the Beast, and The Lion King. Thanks to NYSARC, Inc., one of our most popular activities seemed to be ‘theme nights’ with snacks or a meals based upon the group’s chosen theme. Giving $5,000 to also allow staff to see faces light up with joy when individuals spin their first pieces on a potter’s wheel or to hear the laughter that goes along with theme nights—the money in the end is a truly a gift to all of us.”

“This article is intended as a condensed road-map for using the NYSARC Pooled SNT to eliminate the Medicaid spend-down.  This article contemplates that the individual is applying for Medicaid in order to obtain home care services.  The sequence of events will be different if that is not the case.”

As the author points out:

“There are many other Pooled SNTs in New York, but this one has the most favorable fee structure for monthly contributions of excess income.”

Click here to read the full step-by-step guide

NYSBA Joint Meeting of Elder Law and Trusts and Estates Fall Meeting
Buffalo | October 13-14
NYSARC Trust Services presented and exhibited at the meeting.

Stetson Special Needs Conference
St. Pete Beach, FL | October 18-22
NYSARC Trust Services was a sponsor of the event. Director of Trust Services Heidi Flatt gave a presentation on Advocacy.

NAELA Aging and Law Institute
Boston, MA | November 8-12
NYSARC Trust Services exhibited and Associate General Counsel Robert Mascali gave a presentation on “Becoming a Successor Trustee.”

Staff News

In November, Associate General Counsel Robert P. Mascali was nominated to the Board of Directors for the New York State Chapter of the National Academy of Elder Law Attorneys (NAELA).

Before coming to NYSARC, Mascali was the Managing Attorney for the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD; now OPWDD) and was primarily responsible for providing legal advice on guardianship matters and supplemental needs trusts. He was also in private practice in the New York metropolitan area concentrating on real property and estate and trust matters.

Mascali serves on the Board of Directors of the Parsons Children and Family Center, an Albany-based not-for-profit agency providing support and services for vulnerable children and their families.

He is also a board member of Council Services Plus, which offers insurance services for not-for-profit agencies in New York and is the co-chair of the Special Needs Planning Committee of the NYSBA Elder Law Section.

In some cases, the beneficiary or someone acting upon his or her behalf may want to use the pooled trust maintained by the non-profit organization that is also providing services to the beneficiary. In these situations, questions sometimes arise about the potential for a conflict of interest. In addition, certain public interest groups and government agencies have raised objections to these types of arrangements.

A recent court case from Long Island (read more; accessing the article requires NAELA membership) has held that the mere fact that a non-profit agency is the service provider and administers the pooled trust for that person does not make it a conflict of interest.

NYSARC Trust Services has operated these types of pooled trusts for many years and currently has over 6,000 beneficiaries, a number of whom are also receiving services of one kind or another from the various NYSARC Chapters throughout New York State.

In those instances where there is a balance remaining in an account upon the death of a pooled trust participant, the NYSARC policy is that those funds are transferred to a separate account and the funds are used solely for the benefit of other individuals with disabilities and to support the work of NYSARC Guardianship Services.

Robert Mascali
Associate General Counsel

Don’t miss this opportunity to share in this learning and networking experience with other professionals who understand the importance of recreation in the lives of people who have developmental disabilities.

Recreation: Bringing it all Together!
September 14-16, 2011
Ft. William Henry Hotel & Conference Center
Lake George, NY

Register today!

Highlights

THE MUSEUM OF DISABILITY HISTORY
The Museum of disABILITY History is the only “brick and mortar” Museum dedicated to preserving disability history and advancing the understanding, acceptance, and independence of individuals with disabilities. Come learn about this unique Museum, its exhibits, and educational programs and see “In the Game: Sports and disABILITY” – one of the Museum’s most popular traveling exhibits.
Presented by: Tess Fraser, Director

STRIDE ADAPTIVE SPORTS
In their 26th year, STRIDE Adaptive Sports is a volunteer non-profit organization providing over 7,000 free adaptive sport and recreation lessons annually to children & individuals with special needs. With focus on education in individual life-time sports, STRIDE is recognized as one of the leading adaptive sport programs in the Northeastern United States. This presentation will focus on an overview of providing extra-curricular programs for students with disabilities; and a relate valuable information on how to achieve success, including strategies for children with Autism Spectrum Disorders and developmental disabilities.
Presented by: Mary Ellen Whitney, CEO & Founder

Stipends for overnight accommodations are still available through the generous support of the Trustees of the NYSARC Trusts.

Add the event to your calendar via the NYSARC Online Calendar

My father received Medicaid at-home care until September, when he was accidentally injured. He’s now awaiting Medicaid assistance in a long-term-care facility. He has just won a $26,000 personal injury award. We’ve had conflicting legal advice about what to do with this money. Everyone says Medicaid must be reimbursed for $2,000 of accident-related medical expenses. Two lawyers said we should reactivate a NYSARC special-needs trust we used while he was getting at-home care, and deposit the $24,000 balance there. One lawyer said $13,500 can go into his personal account, and $10,500 must go into the special-needs trust. Another said the $24,000 can be given to his children. Who’s right?

Let’s start by explaining your situation to other readers.

NYSARC is a nonprofit organization offering trust services for people with developmental disabilities. When a disabled person’s money is in a special-needs trust, it doesn’t disqualify him for government assistance.

Click here for the full article