Yeah .... About This Whole Blogging Thing

If you followed the first link in my last post, you might have noticed that I'm much more productive on the MMC Legal Service's FB page than I am here. 

That's because it's so much quicker and easier to post a link to some current event or issue, adding my thoughts in a few lines of text than it is to pen a meaningful blawg post. 

Trust me when I say it takes me a lot longer to write a post than it does you to read it.

That's why I am throwing out the following two thoughts for your consideration.

• You might want to follow the FB page to keep more up-to-date with current goings-on.

• This gives the added benefit of being able to either DM or use the Contact Me option on the MMC Legal Services' website should you see something you think would benefit from a more in-depth discussion.

Take your time. I'll be right here waiting.

Keep Calm and FaceBook On

It has definitely proven a lot more difficult to keep up with blogging since I've returned to practice as a disability lawyer, but do not fear; A Primer on Special Needs and the Law is not going anywhere.

I know this blawg provides a valuable service for the disability community and yes, I actually do enjoy blogging (not that you would know it by the significant decrease in posting over the past few years). It's here to stay.

However, I would like to point people to my FB page, where you will find posts of a somewhat more regular nature. Notice I didn't say you would find daily, weekly or even monthly posts, just somewhat more regular posting.

My FB posts for today and tomorrow, for example, both deal with articles I recently came across in a legal newsletter. Once upon a time, at least one of those articles would have been turned into a blog post. But alas, time is short so I do what I can.

On another note, no, I have most assuredly not forgotten about the much-promised revamped Nova Scotia Adult Representation Kit. It's just that I've been spending more time actually applying for representation on behalf of my clients than reworking the product, which, depending on your point of view could be a very good/bad thing.

And, should you require more, you can always contact me through the MMC Legal Services site. I am always happy to chat.

* Yeah, I know, my apologies for the post's title. It was either that or "When in Doubt, FaceBook". 
The lesser greater of two evils, perhaps?

Legal News - Short But Sweet

For some reason, a phrase my Mom used to use, "a lick and a promise", seems to come to mind a lot lately. I am particularly fond of it when it comes to dusting, which truly seems to be a *chore* for me.

At any rate, today I give you the legal equivalent of a lick and a promise.

Although touted for family law litigants, this new workbook [the link will also be added to the sidebar under the "Helpful Links In General" heading] now available for self-represented parties in the Province looks like it might well prove at least somewhat useful  for all self-represented litigants, no matter the legal issue.

On another positive note, a free legal clinic is being launched this week at the Halifax Law Courts.

Beginning on September 17, people who want to resolve their legal problems in court will have access to free legal advice and information at the Halifax Law Courts (Upper Water Street). The “Free Legal Clinic” will open its doors.

One morning each week, self-represented litigants will have an opportunity to meet with a volunteer lawyer and a volunteer law student in private. During the 60-minute sessions, they will offer litigants basic advice and guidance to help them through their anticipated court appearances in the Supreme Court or the Court of Appeal.

The Clinic is not “needs-based”, meaning that a person’s income has nothing to do with whether or not they qualify for the free service.

The sessions will be held by appointment only. The advice and information offered is limited to civil law cases before the Supreme Court and Court of Appeal and to family law cases (except child protection matters) before the Court of Appeal. ...

[Click on the link to learn more, as they say.]

All in all, a good step forward, I should think.
Let's hope it's a sign of more good things to come.

*Until we meet again, mes amis.*

How Do You Know When You're on the Right Track?

"We all have a destiny, a dharma to fulfill, and there are endless opportunities, people and circumstances that surface throughout  lives to illuminate our paths."
~ Dr. Wayne W. Dyer

First, I have a confession to make - I love quotes. I collect them in fact. That's right, 56 pages of quotes in a Word document. But enough about that, I want to talk about this particular quote.

I would like to believe those words above are true, you see. It's not that I believe in fate to the exclusion of free will; no, not at all. I see it much more like opportunities opening up in your life, windows if you will. Little windows of destiny, perhaps, as you make your way through your life.

Always a choice.

Even though my father had been in a wheelchair from the time I was born and I had two severely challenged older sisters (who had been institutionalized before I was born); even though during my last year of Law School, I was diagnosed with a chronic medical condition ... despite all that, before my oldest daughter was born, I had always naively thought that persons with disabilities were taken care of. The whole social contract thing at work and all that; society doing it's part to help those who were not as capable of helping themselves.

My perfect little baby girl was 13 months old when she had her first seizure. The first of many, many, many seizures - I gave up counting after a while. As if these clusters of up to 100 seizures over the course of a week was not bad enough, we discovered that after each bout of seizures, she had regressed, lost some of the skills she had previously developed.

In fact, after her second bout of seizures, which occurred when she was 19 months, she lost all her words except for mama and baby, could no longer climb stairs and had "forgotten" how to play with her toys. She was still interested in her toys; it was just that she no longer knew what to do with them. For every toy that she picked up, you had to take it gently from her and show her how to use it, what it did. After you did this a few times with the same toy, it seemed to start to come back to her.

Although I had no clue at the time and despite my own childhood and family experiences, that was my first real introduction to the world of disability. That was the beginning of a journey that I know so many of you have taken. We each may have traveled our own paths, but our experiences are so similar in so many ways.

It's funny, though, I never really picked up and focused on my daughter's developmental delay until she was around 4 years old. I was at a support group (probably one of the last occasions where I sat through a meeting just listening, taking it all in without much to say) for parents whose children had epilepsy and my child was the youngest in the group; all the other children were in school. The discussion that night turned, of course, to school and the challenges these children and their families faced in that system. Up until that point, there had been so much of focus on the medical side of stopping my daughter's seizures that our family hadn't really paid much attention to her challenges. This is hard to explain - she was taking speech therapy and in early intervention at the time. so obviously we recognized these issues but ... they simply had never been the focus. The seizures were the problem, we believed. Stop the seizures and all will be well.

Well, the rest, as they say, is history.

'To Be or Not To Be'

To be, or not to be -- that is the question:
Whether 'tis nobler in the mind to simply ignore
The fact that I have seriously neglected this blawg
Or to take arms against a sea of never-ending "to do"s
And by opposing end them.

To work, to sleep--
No more--and by a sleep to say we end
The busyness, and the thousand things
That must be done in a day. 'Tis a consummation
Devoutly to be wished. To work, to sleep--

To sleep--perchance to dream: ay, there's the rub,
For in that weary sleep what dreams may come
When we have shuffled off to bed,
Must give us pause. There's the guilty, worried conscience
That makes calamity of so short a life.

For who would bear the whips and scorns of time,
Th' opponent's wrong, the judge's contumely
The pangs of lost time, the law's delay,
The insolence of teenagers, and the spurns
That patient merit of th' unworthy takes,
When she herself might her quietus make

With a mere laptop? Who would fardels bear,
To grunt and sweat through a busy life,
But that the dread of something left undone,
The misplaced file, the limitation period long past, from whose bourn
No lawyer returns, puzzles the will,
And makes us rather bear those ills we have
Than fly to others that we know not of?

Thus conscience does make exhausted cowards of us all,
And thus the hazy blue resolution of thy computer
Is sicklied o'er with the pale cast of thought,
And enterprise of great pitch and moment

With this regard their currents turn awry
And forgets all good intentions. -- Soft you now,
The fair blawg  -- A Primer on Special Needs and the Law, in thine readership 
Be all my sins forgiven.

But my humble attempt to express my ongoing regret and sadness over the current state of this fair blawg. And yet, on a fool's errand to ease my sorely troubled conscience, I have, alas, updated thine "Places To Be". But that it were enough ...

Fear not, for this humble blawg shall not depart this earthly realm; for now I can but bid you a sad adieu and wish you pleasant dreams as I whisper one last promise in thy ear --

I. Will. Be. Back.

~ With my deepest apologies to the Bard ~

Mea Culpa

My apologies for going so long without posting ... 51 days to be exact, but who's
counting, right?

As usual, excuses abound - I am happy to say that I have been busy work-wise, which is a very good thing when it comes time to pay the bills. That being said, I am, of course, always happy to consult with anyone who has a disability-related issue involving themselves or a family member.

So. I have come here today to apologize for the 51 days lengthy time between posts and to commit to doing better. I would really like to get this blawg on a consistent schedule and start blogging on a weekly basis.

My absence has not been for lack of material, believe me; I have quite a selection saved that I would like to blog about. Some get stale and out of date, of course, but I have enough blawg fodder to keep me going for a while.

There's one post in particular that I am really looking forward to working on - a couple of weeks back, I stumbled upon an EXCELLENT video on future planning for a family member with special needs. It's American, so not 100% on point, of course, but the vast majority of it should be very useful for Nova Scotian families. It's going to take some work on my part, though - I watched the entire very lengthy video once (actually it's more like I was riveted to it) but I will need to go through it again in order to break it down and discuss the issues in a meaningful way.

All right, then. You have my promise to get back to this blogging thing on a much more regular basis. Please feel free to hold me accountable - if you don't, who will?

Focus On ...

You might have noticed that things have been a little quiet around here lately. Not due to any lack of my interest on my part (trust me!) but because my attention is slightly diverted elsewhere at the moment.

July 1st ... Canada Day ... is

THE. 

BIG. 

DAY.

So please bear with me.

For What It's Worth

I'm not sure exactly what to make of this but ...

March 25, 2014) BOYNECLARKE LLP, one of Atlantic Canada’s largest law firms, will be offering free legal consultations over a three-day period in celebration of Law Day 2014. 

On April 8, 9 and 10, BOYNECLARKE LLP will be inviting pre-approved applicants to their office in Dartmouth for a free legal consultation. The initiative, spearheaded by Partner Gordon F. Proudfoot QC, is intended to give residents in the HRM access to justice. 

“Law Day is all about making sure everyone understands the law, has access to justice and can have their legal questions answered,” says Gordon. “This is our first year with the project, so we’re hoping to see lots of people during the three days.” 

Over 25 lawyers at the firm have volunteered their services to meet with approved applicants and discuss their legal issues in various areas of law. 

“Community service is one of things we try to make a priority here at BOYNECLARKE,” adds Gordon. “This is a way for us to give back.” 

Applications can be obtained online or by calling 1 902 460 3444.

So go on. Get out there. Get out pre-approved.

What do you have to lose?

[Almost] Street Legal

Posted on Facebook on March 6, 2014 

Lawyers need trust accounts.  

But according to the bank, in order to have a trust account, you need a business account first.  

And to have a business account you need to have registered a business name. [check] 

But before you can register a business name, you have to have the name approved [check] 

So, two out of four ain't bad for one week.

And I have a date with the banker on Monday to open the business account.

The name, you ask? Oh, that's easy.

MMC Legal Services

Of course.  

Cross-posted on Free Falling

Differences Don't Matter

After that heavy duty look at the criminal law, I thought it might be nice to take a step back and look at things from a different angle.

The following poem was written by Jessica Mercola many years ago as part of a diversity contest at her middle school. I found in in an issue of Exceptional Parent magazine back in 2002.

While she wrote about a "she", the sibling in her poem is actually a "he", her younger brother, who is 6 years old, has hypotonic cerebral palsy and profound developmental delay, is non-verbal and non-ambulatory and has the most gorgeous smile and eyes of anyone! [according to Mom and who are we to argue?]

I have brown hair.
She has blond hair. 

I have long hair.
She has short hair.

I am chubby and short.
She is skinny and tall.

I have braces and glasses.
She has freckles and cerebral palsy. 

I can draw, ride a bike and read.
She can't do any of these. 

I can walk and sit.
She has a wheelchair,
and tries to talk
but out comes noises,
silly ones. 

I like to chew.
She likes to go for long walks. 

I am stubborn and loud.
She is sensitive and caring. 

I am outgoing and fun.
She is different and interesting. 

I go to dance.
She goes to therapy. 

I drink from a cup and eat regular food.
She drinks from a bottle and eats pureed food. 

I like to play outside.
She likes to play with noisy toys. 

She doesn't make any choices.
We make them all for her.

I think I have a good life.
Hers could be better. 

Every day I watch her grow,
in sorrow, laughter and snow. 

I hope no one takes her away.
I would be lonely and miss her every day. 

I start every day with the positive
attitude that one day she'll be
just like me! 

I don't care what we are.
I love her anyway. 

I don't care what other people say.
We'll always be sisters and
the best of friends.
That's the way it's going to stay.

Cross-posted at Free Falling

Meanwhile, in the Twilight Zone

I had the strangest experience at my youngest's school the other day.

Apparently they are somewhat new to this whole IPP thing so they thought they would have a Parent Information evening to explain the program planning process and pass some other information on to parents.

Needless to say, I am intimately familiar with IPPs - in fact, much, much more intimately familiar than I would like to be.

So I sat and listened .... blah, blah, woof, woof, yadda, yadda ... on and on it went until these Words of Blasphemy were uttered:

An IPP is a legal document.

Yep, I kid you not. Those very words were spoke.

Words of Blasphemy because, as we all know, the Dept of Education and at least my school board has been swearing up and down for years (for the past  15+ years to my personal knowledge) that

IPPs.

Are.

Not.

Legal.

Documents

After my head stopped spinning, I put up my hand to clarify that I had heard correctly. Apparently, I had.  In fact, one woman sitting in the audience (I'm thinking a parent but perhaps also a teacher from another school?) went so far as to pipe up and affirm that yes, they were indeed legal documents as they were found in the legislation.

"Yes. I know they are mandated in the Education Act," said I. "But I am just very surprised to hear you say that considering that the Dept and our school board have been telling parents for years that they are not legal documents."

Once again, I was assured that they were, in fact, legal documents. Indeed, the Department had so declared.

Feeling all eyes upon me and the need to say something, I responded, "Okay, maybe they've changed their minds or something", (with the sarcasm apparent only to myself).

But, when the headmaster responded that he didn't know why I would have heard such a thing, why it would have been said that they were not legal documents, I couldn't resist. I mean, really, could you have?

"I don't know. Perhaps they were telling parents that because they just didn't want anybody to sue based on them", I quipped.

The look on the headmaster's face?

Priceless.

Those Lazy Hazy Crazy Days of Summer

Wow - my apologies! May 27th - it's hard to believe I've went this long without posting.

But (as usual) I do have a few excuses. Let's see ... where to begin?

• In early June, my husband and I were successful in obtaining guardianship of our oldest daughter. Not only is that, obviously, a significant event for our family but it had added import for me. You see, I've always been quite confident that the a family could use the Nova Scotia Legal Guardianship Kit to successfully apply for guardianship of a high-functioning adult. But now I have proof.
  
  The sample affidavits for a high-functioning adult in the Kit were based on my own daughter, who  at the time was only 16. When the time actually came to apply for guardianship of her (3 years later), I realized that I had to update those affidavits because she had made some significant progress in those three years. And yet, in spite of that progress, the Kit was still more than adequate to found a successful court application.
  
  Can the NS Legal Guardianship Kit be successfully used to obtain guardianship of a high-functioning adult?
  
  
  
  
  
  
  
  
  
  YES. YES IT CAN.
  
  

• In the middle of June, my daughters and I headed out to Manitoba for my niece's wedding. And to meet my brand new now two-year-old grand-niece.  Did we have a nice trip, you ask? Yes, yes we did. A lovely three-week trip it was.

• Ever a sucker for punishment, less than a week after our return home, I wrote rewrote the Bar Admission Examination. And, just for the record, an examination that took one day and was open book when I first wrote it, 20 + years ago is now a two-day exam. And, most definitely, NOT open book.
  
  That's right, I took the first, make that the second, step in that leap of faith we discussed last year. We won't receive our marks for a few months but I must say I do find the whole thing rather exciting. 

So there you have it. A brief synopsis of the first part of my summer.

But never fear, now that I'm back, we will start getting some content moving again on ye olde blawg.

In fact, I already have some ideas floating around my noggin, from discrimination regarding service animals to the right and ability of persons with intellectual disabilities to marry to the import (and importance) of confidentiality agreements when litigation (including human rights matters) is settled.

So stay tuned. I will be here. Unless, of course, this @%$!! heat completely does me in.

And I slowly m-e-l-t ... a-w-a-y ...

This & That

Just a quick note to say that I've updated the "Places To Be" link on the sidebar (about 1/3 of the way down the page if you're not familiar with it).

It's nice to see that the IWK has brought back the EASE program (which has been conspicuously absent for quite some time now) and HACL still has some interesting upcoming workshops [such as "Planning for the Future - Pre-employment", "Planning for the Future - Living Independently in the Community" and "Putting it All Together - Individual Program Plans (IPPs)"] over the next couple of months.

And, of course, I would remiss not to mention my own upcoming workshops in May, one in Halifax (May 13th) and one in Berwick (May 18th) - both will include presentations on "Understanding the Legal Options to Support an Adult with an Intellectual Disability" and "Protecting Your Child's Financial Future".

That's not all, of course - there are a few other interesting upcoming events to be found there as well so be sure to check out the entire list.

~  ~ ~

One other tip to pass on - we've talked in the past about the importance of the Disability Tax Credit and even some information on how to go about applying for it. But I recently came across an article that sets out some of the issues to be aware of with such companies. So you might just want to check that out, too. After all, forewarned is forearmed, right?

~ ~ ~

Almost forgot - for anyone interested, the federal government is conducting a study concerning government programs for persons with disabilities and issues related to saving for the future. You might be eligible to participate if you or an immediate family member is in receipt of the Disability Tax Credit. Participation involves either a 2-hour focus group or a 40-minute telephone interview.

To volunteer for the study, call 1-866-770-4649 and leave a message with your name and telephone number. Someone will call you back to confirm your eligibility for the study.

Oh yeah, did I forget to mention .. you will be paid a $75 honorarium for participating.

So we have that going for us, which is nice.

Tax Time Tips

Realizing this might be a wee bit late for some (such as those who do a much better job of getting their act together than I), but hoping it will fall in the category of better later than never (as opposed to "too little, too late"), I offer you some tips for that most favourite time of the year ... Income Tax time!

First up: Tax Planning and the Disability Tax Credit
(And just as an aside, if you're not familiar with the DTC, you have some serious reading to do - just follow that last link and scroll down past this post.)

Secondly: The new Family Caregiver Amount Credit
(Not to be confused with the Caregiver Amount Credit - both of which can be claimed in the right circumstances)

And Third: Isn't it frustrating when you KNOW something to be so, know you've read it before but you just can't seem to find the proof? And even more frustrating when it's a tax question that you take to the CRA, only to be told that "No, you're wrong, you can't do that", when you KNOW darn well you can?

Well, that was my story until this past weekend when I finally came across the proof I was looking for (ironically, by following a link on this very blawg). All this to say...

Yes, Victoria, you can claim the cost of your child's private LD school tuition (and room and board, if applicable) if your child has the DTC. (Scroll 3/4 of the way down this page and look at No. 8 "Fees for Specialized Camps (Summer and Winter) and Specialized Schools").

There you go - run along and have some fun now.

BLAWG MAKE OVER

A new look. A makeover of sorts for Spring.
Or, at least, what passes for Spring in Nova Scotia.

So what do you think?

All in a Twitter

It's all in a twitter, I am.

It finally happened. I done went and did it! *

Admittedly, what finally made me branch out to Twitter was the need to keep an eye on my daughter's shenanigans, but as long as I was already there ...

Won't you please come tweet with me?

As I've mused before, I intend to use am using Twitter to throw out those interesting little tidbits I so often come across on the Road to Hell (it being paved with good intentions and all), but never actually get around to blogging about.

That's right - I have just already begun to Tweet. Hope to see you there!

* Does this officially make me a Twit? 
Do my feathers look okay??

Five Minutes of Fame (Literally)

UPDATE: So how come no one has ever pointed out this mistake I've been consistently making? Apparently left = right and right = left. And the sidebar ... that's on the RIGHT-HAND side of the page. Sorry.

A big thank-you to CTV Morning Live for having me on the show this morning. I really appreciated the opportunity to discuss why guardianship (and other options) can be such an important issue for so many families.

If you're new here and have more questions, please scroll to the bottom of the page and click on the Guardianship label in the sidebar to the left. That should give you access to all the posts I have written on the subject.

You will also find labels like "Powers of Attorney" and "Personal Directives" that you might like to check out, too.

If you're interested in my upcoming presentation on Saturday, December 8th, click on the "Upcoming Presentations" tab at the top of the page.

And please feel free to stick around - hopefully, you will find valuable information in both past and future posts.

On The Lighter Side

Bullying.

Something that's all too common for children with special needs. And definitely a topic with no "lighter side".  But have you noticed that the topic seems to be all the rage lately? Yeah, I know, kind of hard to miss.

There's a post a'percolating in my head on just this - I know there is because I seem to be constantly finding and saving interesting links on the subject lately.

But not now. No, not today.

Today feels feels way too much like a beautiful summer today to delve into the dark depths of that subject.

So instead, because it is such a beautiful day (and because the school year will soon start winding down), I offer you the lighter side of special education - courtesy of Wrightslaw.

Sure, some of the wording is a littte different - for example, IEP = IPP - and "due process hearings" are a cocept that a parent in Nova Scotia might well drool over but when you got right down to it, really, special education is special education no matter where you go.

The Lighter Side of Special Education: The Due Process Hearing

The Lighter Side of Special Education: The IEP

The Lighter Side of Special Education:  Parents & Kids

Lighter Side of Special Education: Special Education: Mediation

The Lighter Side of Special Education: My Law Practice

And last but most certainly not least:

Education Buzzwords: Image and Reality

So go ahead, have a chuckle. Laugh it up a bit.

Something tells me that other topic will still be around tomorrow.

Moving On

Just a reminder that I will be giving two presentations in Clare this Saturday, March 31st . The first will be on the Henson Trust and the second is entitled "Supported Decision Making and Legal Guardianship in Nova Scotia".

The event is graciously being hosted by the Clare ACL and wil be held at L'Atelier de Clare,
# 7711, Hwy 1, Church Point from 1:00 - 3:00 pm.

Next week, I take on the task of preparing guardianship papers for my own daughter. And then, then we will get back to some more posting here.

Always lots of stuff a'happening.

So Much To Post ...

... so little time!

I do have many, many things I want to share with you, dear readers.

From a question to see how interested some might be in a new little project I have up my sleeve to a post chock-full of highly "educatable" links, to information on a NBACL financial website, to more on the issue of obesity as a disability to ... well, you get the point.

Actually, that's part of the reason why I've mused about the possibility of using Twitter in the past - just to have the ability to post quick little notes on things that come across my desk, without having  to take the time to do a full blawg post.

At some later point,  a few of those things may get a more in-depth look in the form of a blawg post. But at least there would be less likelihood of things getting lost altogether. Because, yes, I must sadly admit, that  by the time I have a chance to get back and look at some items with an eye to a blawg post, I realize they're really too dated to bother with.

So, having said that, now seems a good enough time as any to ask yet again ... would anyone be interested in following me on Twitter for that purpose?

I can pretty much guarantee you that you would find a much more consistent (to say nothing of greater) flow of interesting things coming your way. Because the vast majority of the time, it's time and not material that I lack; blawg posts taking a fair bit more time to compose than they do to read. So tell me what you think.

And now, in penance for having not yet gotten to any of those things I still intend to share with you, I point you to the Places To Be List in the sidebar, which I did manage to update this evening with some new current happening events.

And with that, I will bid you a fond adieu. Until we meet again.
Which, you know, shouldn't be too long from now...