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Special Needs and Elder Law Update 2023Special Needs and Elder Law Update 2023

A rundown of recent court decisions.

Amy C. O'Hara, Partner

July 19, 2023

15 Min Read
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Over the past few years, courts have considered various issues involving elderly individuals and those with special needs. These issues included, among others, special needs trust (SNT) distributions, housing for the mentally ill and third-party liability for nursing home payments. Here’s a rundown of some of those recent court decisions.

Special Education Advocacy

Can a student raise a claim under the Americans with Disabilities Act (ADA)1 before exhausting their claim under the Individuals with Disabilities Education Act (IDEA)2 first? The U.S. Supreme Court recently held that a student with a disability may do so when the remedy sought under the ADA isn’t available under IDEA. In Perez v. Sturgis Public Schools et al.,3 the Court unanim...

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About the Author

Amy C. O'Hara

Partner, Littman Krooks LLP

Amy C. O’Hara is a partner with the law firm of Littman Krooks LLP. Amy’s practice is focused in the areas of estate planning and administration, trust administration, guardianships, special needs planning, personal injury settlement consulting, elder law and veterans’ benefits. Amy has been accredited by the U.S. Department of Veterans Affairs to present and prosecute claims for veterans’ benefits. Amy lectures frequently to advocacy organizations and families on the importance of proper planning for families of children with special needs. She also regularly publishes articles relating to estate and special needs planning.

She is a member of the New York State Bar Association (NYSBA), Elder Law and Trusts & Estates Sections of the NYSBA, Westchester County Bar Association, and Mamaroneck-Harrison-Larchmont Bar Association. She is also a member of the Special Needs Alliance, a national, not-for-profit organization dedicated to assisting families with special needs planning. Amy is a member of the board of directors of Westchester Disabled on the Move, Inc., a not-for-profit organization that aims to improve the quality of life and the rights for all people with disabilities.

Amy received her Juris Doctor degree from University at Buffalo Law School and received her Bachelor of Science degree from Binghamton University.