Good News for People with Special Needs

The California Supreme Court has depublished the Scott v. McDonald opinion by order dated November 28, 2018. Depublishing the opinion means it cannot be cited as authority or precedent in other matters. Had it not been depublished, SNT Trustees in California would have been severely limited in using SNT funds for items only related to beneficiary's disability and not be able to use funds for beneficiary's food, clothing, or shelter. Because of depublication, SNT trustees will now continue to use SNT funds to enhance beneficiary's quality of life. Kevin Urbatsch wrote the letter to the California Supreme Court requesting depublication on behalf of the Academy of Special Needs Planners (ASNP). Ron M. Landsman, chairman of the NAELA Litigation Committee, wrote the letter that was co-signed by NAELA and Special Needs Alliance (SNA). Landsman says, "depublishing allows advocates to argue that the opposite result is correct, and that distributions are broadly allowed without regard to the beneficiary's specific disability." Other groups involved in getting the opinion depublished include: CPT Institute - California Pooled Trust, Consumer Attorneys of California, California Advocates for Nursing Home Reform, Special Needs Alliance, Professional Fiduciary Association of California, and American College of Trust Estate Counsel. This is a big win for all people with disabilities.

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