- DivorceDivorce agreements can unintentionally make a disabled child ineligible for services and benefits. Therefore, special consideration is necessary to protect the interests of a disabled child. © copyright Hinkle, Prior & Fischer, Attorneys at Law.
- GuardianshipS. Paul Prior has continuously represented people with disabilities and their families for more than a quarter-century. As the younger brother of a man with autism, his roots in disability advocacy began to develop at a very early age. He has successfully argued leading cases before the New Jersey Supreme Court, Third Circuit Court of Appeals, as well as other state and federal courts. Early in his career, he represented individuals in state-operated developmental centers and psychiatric hospitals where he also served as a federal monitor overseeing conditions there. Today, his legal work focuses on special education, guardianship, financial entitlements, and access to appropriate services. A substantial part of his practice is devoted to assisting families in estate and trust matters. He holds a JD from Seton Hall University School of Law, and serves on the Board of Trustees of The Arc of New Jersey, Special Olympics New Jersey, and is Chairman of the Board for Eden Autism. Previously, he served on the Board of Autism New Jersey, the Eden Autism Foundation Advisory Committee, and the ASPEN Professional Advisory Board. He is a member of the Elder Law Section of the New Jersey Bar Association. He has testified before the New Jersey Assembly by invitation and has assisted in the development of several pieces of legislation benefitting individuals with disabilities. He writes and lectures frequently on topics concerning the law and disability, as well as issues affecting siblings. Paul enjoys listening to live music, running, skiing, and is an avid baseball fan.
- Personal InjurySometimes, a disabled individual can create the trust himself. “Self-settled” trusts are frequently established by individuals who become disabled as the result of an accident or medical malpractice and later receive the proceeds of a personal injury award or settlement.
- Medical Malpractice
- Estate PlanningThe attorney you use should have a law degree in taxation or a certificate in estate planning. Attorneys at Hinkle, Prior & Fischer have legal expertise in these areas and are up to date with changing tax and estate law.
- WillsMy wife and I actually had fun learning about a difficult topic – Wills and estate planning. I got all my questions answered in a way I understood.
- TrustsSpecial needs trusts allow a disabled beneficiary to receive gifts, lawsuit settlements, or other funds without losing eligibility for certain government programs. Such trusts are drafted so that the funds will not be considered to belong to the beneficiary in determining eligibility for public benefits.
- Power of AttorneyThe attorneys of Hinkle, Prior & Fischer can advise you and your family regarding the establishment of appropriate levels of surrogate decision-making and responsibility for you and your loved one with a disability, including (1) guardianship; (2) durable power of attorney; (3) living will; (4) living (inter vivos) trust; (5) joint account; and (6) representative payee status. Call now to learn more.
- Probate
- Tax Law