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PCME in Guardianships

As parents, you are your child’s natural guardians under Texas law. When your child turns 18 years old, your child is considered an adult, with all the rights and responsibilities that come with that status. If your child has special needs, he or she may need you to continue in the role of guardian. This new designation of guardian will need to be ordered by a court in a Guardianship proceeding. One of the required forms for a successful guardianship is a Physician’s Certificate of Medical Examination (“PCME”). This video will walk you and your doctor through each section of the 4-page form.

Autism After 18 – Guardianship and SSI

Many parents understand that when their child with special needs is ready to become an adult, he or she may need long term care. Transitioning into adulthood is daunting, but for parents of children with special needs, there are additional legal challenges.

Your child may be entitled to Medicaid and SSI support; however, it is up to you as their parent to protect their rights. You should discuss your child’s situation with an attorney who can assist you with Medicaid planning. Your child may need your help with activities of daily living, such as bathing, grooming, meal preparation, feeding, and medical care. You can achieve your goal of providing long term care of your child by applying for guardianship.

Shero of the Week

Attorney Filis was selected for Shero of the week, below is her nomination video and why she was selected. The Shero Nation website defines a Shero as “the evolved woman who stands in her own truth, even when it is difficult. She rises to any occasion, changing what she can change, accepting what she cannot, and passing the lessons learned to women coming behind her. She expects more from the next generation than the past. The evolution of a Shero Nation consists of the heroic movement of women who prioritize change that will empower us so much that we no longer feel the need to try so hard challenging men, but we challenge ourselves. In doing so, we create a world that accepts us women as we are, and respects and recognizes our true and natural strength.”

If you would like to visit the Shero Nation website : https://www.sheronation.life/

Small Business Owners – Get Ready to Ask for PPP Loan Forgiveness

Are you a small business owner who received a Paycheck Protection Program Loan/PPP Loan? I applied, recevied the PPP Loan funds, and spent the money quickly. To be eligible for loan forgiveness, keep the following requirements in mind.

Use the PPP Loan funds for paying payroll – at least 60% of the PPP Loan must be spent on payroll. This includes new and old employees.

Use the PPP Loan funds – up to 40% of the loan, on group health policies, interest payments on a mortgage, rent if the lease was in effect before February 15, 2020, Utility payments for services that began before February 15, 2020, Interest on debt existing before February 15, 2020, and refinancing a EID Loan made between January 31, 2020 and April 3, 2020.

Keep your employee headcount maintained. Avoid a Reduction in Headcount. You may have had to lay people off this year. However, you have until December 31, 2020 get your total headcount for employees as it was between February 15, 2020 and April 26, 2020 to have your headcount considered as being restored. Although the guidelines are not specific about this, you should not count 1099 staff.

Pay your employees earning less than $100,000 per year similar (within 25%) to pre-Covid-19 (as of February 15, 2020) amounts.

Stimulus Checks for SSI Recipients

It was been a long wait, but for many of you the time has come and the federal stimulus checks have been deposited! Some of you who receive government benefits are still waiting and can clink on this link for more information.

For caregivers, guardians, adult children or parents of individuals who receive SSI benefits and are the representative payees (“rep payees”) on bank accounts, you may be concerned about the extra money in your loved one’s bank account and how this money will affect SSI eligibility. Here is some good news – the stimulus $1,200.00 will not affect SSI eligibility. The Social Security Administration (“SSA”) posted on their website that they
“will not consider economic impact payments as income for SSI recipients, and the payments are excluded from resources for 12 months.”

Some of you are Representative Payees for your loved ones want to know what you can do with the stimulus money. Well, SSA and IRS agree, the funds belong to the Social Security or SSI beneficiary. The stimulus funds are not a Social Security or SSI benefit. You as a representative payee should discuss the funds with your beneficiary. If your loved one is the beneficiary and he or she wants to use the funds, then you as the rep payee should give the stimulus funds to them. The rep payee does not have a responsibility connected to the stimulus funds because, as stated above, the funds are not Social Security or SSI benefits. You will not have to include the stimulus funds in your annual accounting.

The hardest part of all this may be in determining how to spend that money on the beneficiary.

We will help you protect your family

With the new environment we find ourselves in, and with all of the uncertainty we have face, you can be comforted in that Filis Law Firm will be available to you.

Here is a letter from Leona E. Filis, founding member.

Dear Valued Clients, 

At Filis Law Firm, the safety and well-being of our clients is always a top concern. During this time of crisis, please know that Filis Law Firm is here for you, as we have been for the past 17 years. Although Courts and businesses have limited hours or are completely closed, Filis Law Firm will continue to provide services to meet your needs. 

As always, we allow for teleconferences, and now for your convenience, we have added Zoom as an option for video meetings.  You can schedule your appointment time online at Calendly https://calendly.com/filislawfirm.  If you prefer, you can also communicate with us or forward any information/documentation to us via email at leona@filislaw.com.

You can rely on the Filis Law Firm. Attorney Leona E. Filis understands that under the current circumstances, it is crucial to secure the optimal future for your family. As a result, should you need Estate Planning documents, Filis Law Firm will expedite such services, including Wills, Power of Attorneys, and Special Needs Trusts. If you are in need of Guardianship services, we can begin the Guardianship process by preparing and filing the initial legal documents. When the Harris County courts are fully operational, we can schedule a hearing date, or have a video hearing.

The Filis Law Firm team is dedicated to supporting you through this unprecedented time.  Please stay safe and know that you can count on us.

Leona E. Filis

Owner and Managing Attorney