Attorney Michele Fuller: 5 Must-Do’s to Protect Special Needs Children

January 17th, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Michigan attorney Michele Fuller…

Attorney Michele Fuller: “Not exploring the options is the biggest mistake a parent can make.”

Parents of special needs children are often so busy with day to day issues, they neglect to prepare for the day when they’ll no longer be there. “Many consumers and parents don’t realize when they have these kinds of issues that they really need to see an attorney who specializes in these kinds of issues,” says Michele Fuller from the Michigan Law Center.

Fuller, who herself is the mother of a child with autism, says not exploring the options is the biggest mistake a parent can make. Many parents incorrectly believe that their child will lose all his or her government benefits if they are included in the will.

“Once they go to a specialist or someone experienced in this type of planning that knee-jerk reaction disappears,” says Fuller, who also is the director of a non-profit group called Advocacy that helps families with mentally or physically challenged children with legal issues.

“I think disinheriting a child is one of the biggest mistakes parents can make because they are leaving the most vulnerable child they have nothing.”

Fuller often advises parents to provide for a “third party trust” in their will to protect their most vulnerable child. It can also protect the estate for the benefit of the more capable siblings.

“This contract is for the benefit of your special needs child—a third party beneficiary,” says Fuller. “They don’t own the money, they are just benefiting from the contract you are creating. That is why we call it a third party special needs trust.”

“With our non-profit group (Advocacy) we have created a third party joinder agreement, so that people can enter into a pool trust,” says Fuller. “It is really meant for people with more modest estates. They don’t have a lot of money, but they still need effective planning for their special needs child or disabled family member.”

Parents often leave everything to a so-called responsible child, but Fuller points out some problems with that decision. “What they have done is essentially disinherited their most vulnerable child in favor of the most responsible child,” says Fuller. “But especially in this economy where people may lose their job, or go through a divorce and half of—or all of—that money may go to creditors or a former spouse—now they have really opened up to door to disaster for their most vulnerable child.

“That sibling may simply not have time to devote to their more vulnerable brother or sister, but there is still an important role for them to play.

“One of the great ways to incorporate family and a trustee is to appoint a trust protector,” says Fuller. “They supervise the acts of the professional trustee so if something goes sideways—they have the ability to move the trust.”

Fuller offers this top five list for parents of physically and/or mentally disabled children.

1. Do not disinherit them

2. See an experienced special needs attorney or planner

3. Make sure there is a plan and fill out letters of intent

4. Make sure who ever is going to help take care of your child knows your child. Does your child have pets, or special friends, or do they go to sleep with the light on?

5. The money situation can be handled, your child will be going through a huge transition so make sure the right person is going to be there for them

Fuller is also a member of the National Academy of Special Needs Planners.

“People who are passionate about this often have a child who is disabled,” says Fuller. “I love helping these families, they are so appreciative and you feel like you really change lives so it is extremely satisfying.” 

Michele Fuller is the founder of the Michigan Law Center. She is an expert in a wide range of estate planning issues, particularly special needs planning, elder law, probate administration and settlement planning. Michigan Law also helps fellow attorneys, advisors and other professionals with advice on the best to serve their clients in these areas.

Does your Town Need a Disclaimer as a Defense?

January 16th, 2011. By Hunter West

Imagine, driving down a highway enroute to a major city and encountering the ‘Welcome’ sign that often heralds a municipality’s singular asset, or slogan. “Welcome to Anytown: the Friendly City,” or for that matter ‘You Are Entering the Sunshine State…” 

Well how about this… 

“Welcome to Anytown. Our Smog Can Kill You. Wear a Mask. Stay Indoors, Shut the Windows and Have a Nice Day.” 

Or, 

“Welcome to Anyville. You’ve Been Warned…” 

A study appeared last week in the Journal of the American College of Cardiology that warns against the possibility of adverse effects for healthy people living in, or within close proximity to air pollution. 

Specifically, the impact air pollution may have on heart arrhythmias that could lead to sudden death. 

The possibility that dirty air could prove a problem for people with heart conditions has been debated for some time. But this is something new, because now we are talking about healthy people, with relatively healthy hearts. 

The small study found that air pollution could interfere with the heart’s inherent capacity to reset its electrical properties in an orderly manner, according to the researchers involved. That can lead to arrhythmias—which can cause sudden death in certain individuals. 

Mind you, the study was small—just 25 participants. However, this is the first time that concern Read the rest of this entry »

Is that Considered Off-Label Use of Krazy Glue?

January 14th, 2011. By AbiK

We report a lot about off-label drug use—it’s a sticky area (no pun intended) as doctors can prescribe drugs off-label in their treatment of a patient, but a pharmaceutical sales rep can’t market a drug for off-label use (following me?).

Ahh, but then there’s Krazy Glue.

There’s an interesting news story making the rounds in New York today—unfortunately, it’s not unheard of and in fact it’s a commonly heard story, but it seems there’s yet some other wannabe cosmetic surgeon out there practicing silicone injections in her apartment. Note, she’s not a doctor.  She’s Whalesca Castillo, and she’s in deep doo-doo.

According to the NY Post, Castillo, 36 and living in the Bronx, was operating a clinic (I use the term loosely here) from her home. The clinic specialty? Boob jobs and booty lifts. Part of the official charges from the criminal complaint read like this:

“5. In or about August 2010, I learned from a confidential informant (the “CI”) that WHALESCA CASTILLO, the defendant, was performing illegal medical procedures from her residence on Inwood Avenue in the Bronx, New York (the “Residence”). The CI stated, in substance and in part, that CASTILLO was administering silicone injections to women for purposes of breast and buttock enhancement, charging hundreds of dollars per injection, and obtaining the silicone from the Dominican Republic. The CI further stated that at least one of CASTILLO’s clients developed an infection after receiving one or more injections from CASTILLO.”

Note that the complaint also references one “patient” who paid $1,000 for Castillo’s services. At that rate, why not get someone who’s actually licensed with a sheepskin or two on their wall?

It gets better though. It seems that Castillo was using Krazy Glue to assist in the “procedures”—there were Krazy Glue tubes (“dozens” of them, the NY Post shares) found in Castillo’s trash. Apparently, and I did not know this, Krazy Glue has an alternate—and clearly off-label–use with unlicensed practitioners: sealing puncture wounds. Who knew?

And you thought Krazy Glue only doubled as nail glue in a pinch…

Questions about Antidepressants and Pregnancy

January 14th, 2011. By AbiK

There’s a lot in the news about pregnancy and antidepressants (SSRI’s in particular—and especially Paxil, which has a Category D rating by the FDA). And we get a lot of comments and emails from readers who are either looking for information about SSRI drugs and pregnancy—or who share their stories about negative side effects they’ve experienced while taking antidepressants.

It’s a tough call—particularly when depression and pregnancy are not exactly mutually exclusive of each other. As any mom will tell you—even the ones who “just love being a mom!” and “always wanted to have at least 4 kids!”—you know who I mean—there are moments when you’re exhausted, down, emotionally drained. For many, it’s a circumstantial situation that, given a few hours, some diversions, or a good workout, tends to go away and resolve on its own. But not for everyone. And that’s where depression medication comes into play. Bottom line, it’s no accident that “Peanut Butter, Playdates & Prozac” became a popular read…

We publish a lot of information at LawyersandSettlements to help readers understand what’s going on with antidepressant lawsuits. But we also post background information as well—and for those of you who’ve written in requesting information about antidepressants and pregnancy, I’ve pulled some of our informative posts. Here they are:

Paxil Birth Defects: Baby Beware! A look at Paxil, pregnancy and depression

Antidepressant Guide: the Brands, the Generics & Who Makes Them List of antidepressant brand names and the names of their generic equivalents, and their manufacturers

Antidepressants: Know what they’re Winding you Up With Information about antidepressant drug classifications–the “umbrella” categories that antidepressant drugs fall into: SSRI, SNRI, NDRI, MAOI, and Tricyclics.

Having a Baby? Get to Know the FDA Drug Classifications Information about FDA pregnancy ratings for drugs. (Category A, Category B, Category C, Category D, and Category X—the system in which Paxil has been classified as Category D; and antidepressants like Effexor and Celexa are Category C. For those wondering, the Prozac pregnancy rating and the Zoloft pregnancy rating are both Category C at present as well).

Mom Alert: Would you want a 68% Higher Risk of Miscarriage? Study showing high rate of SSRI miscarriage risk—as well as SNRI and Tricyclic risk. Study looked at citalopram, fluoxetine, fluvoxa-mine, paroxetine, sertraline, ami-triptyline, clomipramine, desipramine, doxepin, imipramine, nortriptyline, trimipramine, venlafaxine, serotonin modulators, monoamine oxidase inhibitors, tetracyclic piperazino-azepines, and dopamine and norepinephrine reuptake inhibitors.

Hope this info helps—but remember, please consult your physician for medical advice about your particular situation—only your doctor(s) can advise and treat you. If you need legal help…that’s another story…

Asbestos News Roundup: 1.13.11

January 13th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

St Clair, IL: Dorothy L. Kainer, Kimberly M. Kainer and Lisa K. Foreman have filed an asbestos-related complaint naming 29 defendant companies. They filed the complaint on behalf of recently deceased Emil T. Kainer.

According to the suit, Emil T. Kainer worked as an electrician from 1953 until 1996 and served in the U.S. Army. During the course of his work he was exposed to asbestos-containing products, which caused him to develop asbestos-related disease. Consequently, the complaint states, Emil T. Kainer incurred medical costs and suffered great physical pain and mental anguish. In addition, he became prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiffs claim.

In their suit, the Kainers allege the defendant companies caused Emil T. Kainer to develop mesothelioma after his exposure to asbestos-containing products throughout his career. The suit further claims that the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiffs’ relative’s safety. (st.clairrecord.com)

Madison County, IL: An asbestos mesothelioma lawsuit was the first suit filed in 2011 in Madison County. Filed by Arkansas residents Opie Chism and his wife, Bonnie Chism, the suit alleges that during Mr Chism’s work at factories and car service shops throughout Illinois, which began in the 1950s, he was exposed to asbestos. As a result, Opie Chism developed Read the rest of this entry »