Florida Elder Law Blog - A blog by Elder Law Associates, South Florida's premier elder law attorneys, who handle elder law, medicaid planning, guardianships and much, much more.
Karen Greenberg and Jaret Vogel, directors of Prosperity Life Planning, a special needs educational nonprofit organization, have created a new corporation called the Special Needs Tax Credit Alliance (SNTCA). The mission of SNTCA is to build national support for Congress to enable a $5,000 refundable tax credit, to reimburse parents of adults with disabilities and seniors with dementia for the legal expenses of guardianship for their loved ones, and/ or creation of a Third Party Irrevocable Special Needs Trust. The legal work for this mission was completed pro bono by the international law firm of Proskauer, Rose LLP. An IRS filing for 501(c)(4) status (Social Welfare Organization) is currently in progress. Donations will not be tax deductible for the donor but will be tax exempt for the companies' purpose.
The Special Needs Tax Credit Alliance will enlist the support of national parent, disability, senior and guardianship advocates, as well as attorneys and bar associations to support this tax credit proposal. SNTCA is completing final State of Florida registration to allow donations be made to support their cause.
"Having met numerous parents in our counseling of special needs families, we've seen their great surprise to learn that when their child turns 18, the parents are no longer considered the legal guardian. They are further shocked to learn it may cost $5,000 to retain guardianship. Many families cannot afford this legal expense. The child is then left in a 'Catch-22' situation: they do not have the competence to speak for themselves in legal, health care and financial matters, yet the parents cannot afford the legal expense to retain guardianship. The Special Needs Tax Credit Amendment addresses these issues, and provides a sensible and affordable method for these parents to protect their loved ones' interests."
Professional fees, court costs and filing fees bring the approximate cost for full guardianship to $5,000. A number of families may have two or more children with disabilities, thus further straining the family budget. Many of these families have had extraordinary expenses over the course of their child's life for therapies, equipment, specialized recreation, specialized diets, and other expenses, that "typical" children do not require.
A "refundable tax credit" is a dollar-for-dollar reduction in the amount of taxes due. To the extent taxes are paid by a parent, a receipt for legal services would allow a tax refund of their expenses. To the extent that the cost exceeds the amount of federal income tax paid, the government would provide the additional tax refund, much like the child tax credit currently employs.
Jaret Vogel, Director of SNTCA states "Since the time of our earliest colonists, Americans have sought to have a voice in their affairs. The Special Needs Tax Credit Amendment will enable family members to speak for their loved ones who cannot speak for themselves, currently a disenfranchised population. We see this situation as a violation of the First and Fourteenth Amendments, which guarantee Freedom of Speech and equal treatment under the law. How can these people participate if the family cannot afford the extraordinary expenses of guardianship, expenses "typical" families are not burdened with?"
For more information, call Jaret Vogel at 561-865-2921, or email to info@specialneedstaxcredit.com.
Labels: Florida Elder Law Attorney, Florida Guardianship
