Legal Services available for EFMP Families

  • Published
  • By By Demetria Themistocles
  • 66th Air Base Group Office of the Staff Judge Advocate

The 66th Air Base Group legal assistance attorneys can help families enrolled in the Exceptional Family Member Program understand their rights under special education laws or help plan for their loved one’s future.

Children enrolled in EFMP often have an Individualized Education Plan or Section 504 plan on file with their school, and Hanscom attorneys can help guide parents to become better advocates for themselves and their children’s education.

These plans are technical and key to a child’s ability to access proper education. Developing an IEP or Section 504 plan is a fact-intensive process, requiring collaboration between the school and parents, in conjunction with expert evaluations and assessments. It is imperative for parents to be educated about their rights before, during, and after the process of developing an IEP or Section 504 Plan for their children with disabilities.

In addition, when a child with severe disabilities reaches adulthood, families often consider applying for guardianship. Guardianship is a legal relationship in which the court appoints someone to take care of and make decisions on behalf of the adult with disabilities. Hanscom attorneys can help determine whether guardianship might be appropriate. Each state has its own process for guardianship, which is governed by state law.

There are other legal processes that may meet the adult child’s needs, such as a healthcare or financial power of attorney. Attorneys screen each case and recommend appropriate courses of action and resources to ensure every child is protected and prevent gaps in legal authority over that child’s decision-making.

Attorneys may also help parents determine if a special or supplemental needs trust is appropriate. SNTs can be a valuable tool for families with children who have disabilities. Trusts are legal courses of action created to ensure assets go to a beneficiary while held or managed by another person. SNTs are different than other trusts because they are used specifically to benefit a person who qualifies for government benefits due to financial need, a disability or other limiting condition. SNTs allow people to receive additional financial assistance from a trust, even if already receiving government benefits such as Medicaid, Medicare and Supplemental Security Income

Base attorneys may be able to discuss options available, including broader estate planning, and the potential implications of not having an SNT. These trusts can be complex and highly dependent on state law. A referral to outside attorneys specializing in this area of law may be required in some cases.

Although Hanscom attorneys cannot represent clients in due process hearings or IEP meetings, they can provide legal advice and guidance on preparing cases and what steps need to be followed. 

To learn more about Hanscom legal services, call 781-225-1410 to set up an appointment.