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Practice Areas

 

Special Education Law

The dedicated special education lawyers of Frankel & Kershenbaum help clients throughout Pennsylvania and New Jersey ensure that their children receive the special education services to which they are entitled under the law. Whether a child has a learning or physical disability, behavioral challenges, a serious illness, emotional challenges or another disability, he or she deserves a thoughtful, comprehensive and appropriate education that will facilitate a bright future.

School Discipline & Truancy

If your child is facing discipline in school – from elementary school through high school, college and graduate school – don’t wait to get education law legal advice. Consulting with one of the experienced education attorneys at Frankel & Kershenbaum at the beginning of the process can help you avoid mistakes that could result in long term damage, both educational and financial.

Juvenile Delinquency & Criminal Justice

There are certain telephone calls that no parent ever wants to receive.  Near the top of that list is the call telling you your child has been arrested.  Children are not immune from the law.  When they break it, they are, like adults, subject to arrest, prosecution, and significant punishments.  And once children become young adults, alleged misbehavior can lead to criminal charges that carry even more serious consequences.  If your child is facing the threat of juvenile delinquency or criminal charges, our experienced lawyers can help you navigate the challenging course ahead.

Higher Education Student Rights

Colleges, universities and other institutions of higher education that receive federal funding are prohibited from discriminating against students, or potential students, based on protected characteristics such as age, race, national origin, disability and sex. All students must be provided with equal access to education in an environment that is free from discrimination.

Constitutional Rights of Children

While the law treats children differently from adults in many respects, children have legal rights. Furthermore, while children's rights are not necessarily less than those of adults, they are often different.

Catastrophic Injuries Involving Children

Parents don’t expect their children to suffer catastrophic injuries, yet statistics show that accidents are the leading cause of death among children and adolescents. Chief among these accidents are car accidents, accidental drowning, playground accidents and injuries caused by defective products.

Special Needs Planning
We can evaluate available benefits, help maintain or obtain benefit eligibility, and design a plan that promotes independence and increases quality of life for you or your loved one. We may also be able to identify additional untapped resources that are available to meet your needs. We can help to ensure protection from unintended consequences in the future.

Guardianships
In many cases a guardianship is required in order for a parent or other caregiver to continue to manage and provide for the needs of a child or other person with disabilities. In a court hearing with settlement funds, we can combine the guardianship process with a request for approval of the settlement claims, and creation of a Special Needs Trust and/or Medicare Set-Aside arrangement, if appropriate.

Powers of Attorney and Living Wills
A Durable Financial Power of Attorney allows you to appoint another adult to act in your place if you become incompetent to handle your own affairs. A Durable Health Care Proxy allows you to appoint another person to make decisions about medical care if you are is unable to make or communicate such choices yourself. A Living Will describes the kinds of medical treatment that your would or would not agree to if you couldn't communicate. We can provide all of these to help you think ahead and communicate your preferences early.

Medicaid Eligibility and Advocacy
When coordinating care for an individual with disabilities, many public benefits questions arise. Should you seek eligibility for such benefits as Social Security Disability Insurance, Medicaid, Supplemental Security Income (SSI), and coverage under the Patient Protection and Affordable Care Act (ACA)? Frankel & Kershenbaum can help.

Transition-to-Adulthold Planning
Who will make the decisions when your special needs child becomes an adult? We can guide you through the process of being sure that Guardianship, Power of Attorney and Healthcare Power of Attorney are all in place to protect the child you love.

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