Practical legal advice to assist Nova Scotians with navigating the educational and community services systems. Published by Michelle Morgan-Coole @ MMC Legal Services
Fight for the things that you care about but do it in a way that will lead others to join you.
~ Ruth Bader Ginsburg, US Supreme
Court
Sunday, February 3, 2008
PLAN Announces New Online Courses
Wednesday, February 6, 2008
PLAN Office, Vancouver, BC
Chartered Accountant Eric Fielden will share his expertise with families. He will explain the Disability Tax Credit, the Medical Expense Tax Credit, the Caregiver Tax Credit, and discuss Tax Planning including RRSPs, RESPs and the new Registered Disability Savings Plan.
I. TAX TIPS WORKSHOP
Date: Wednesday, February 6, 2008
Time: 7pm - 9pm (PST)
Location: PLAN office: Suite 260-3665 Kingsway, Vancouver, BC
Cost: $60.00/Individual $90.00/Couple (CDN)
Click here to register online.
Register early! Registration is limited to 12 participants so that all questions can be answered.
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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II. PLANNING TO SECURE A GOOD LIFE
Planning for the future changes the present. Join Pat Tesan, parent and family leader, for a one-hour telelearning conversation that will explore the elements of a good life: loving relationships, financial security, creating a home, supported decision-making, and the importance of contribution. During this interactive session, you will start to develop a plan to secure a good life for your relative.
Available anywhere by telephone
Date: Wednesday, February 6, 2008
Time: 12:00pm - 1:00pm (PST)
Cost: $30.00 (CDN) includes a copy of Safe and Secure ($15 value)
Click here to register online. Registration is limited to 12 participants.
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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III. WILLS, TRUSTS and ESTATES SEMINAR
PLAN has a new online course to enable you to learn from the convenience of your own home. Through a combination of videos, interactive activities and forms, you'll learn everything you need to know about how to set up your will, including the different types of trusts you may want to include to leave an inheritance for your child with a disability. You'll also learn about the Registered Disability Savings Plan and how it will impact your estate planning.
This course will be offered every other month starting in March 2008 and takes between 3-5 hours to complete.
An up-to-date will ensures that your wishes for your relative with a disability are honoured after you are gone. Co-presented by an experienced lawyer and parent, these seminars answer your questions about discretionary trusts, planning your will, and choosing executors, guardians, and trustees. By the end, you’ll be better prepared to have a lawyer draft your will, saving you both time and money.
FEBRUARY WORKSHOP
Date: Tuesday, February 12, 2008
Time: 7pm - 9pm (PST)
Location: PLAN office: Suite 260-3665 Kingsway, Vancouver, BC
Cost: $60.00/Individual $90.00/Couple (CDN)
Click here to register online for the February workshop.
MARCH WORKSHOP
Date: Tuesday, March 11, 2008
Time: 10:30am - 12:30pm (PST)
Location: PLAN office: Suite 260-3665 Kingsway, Vancouver, BC
Cost: $60.00/Individual $90.00/Couple (CDN)
Click here to register online for the March workshop.
Register early! Registration is limited to 12 participants so that all questions can be answered.
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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IV. TRUSTS
This new telelearning seminar will teach you about trusts and non-discretionary trusts, and will also discuss the impacts on disability benefits – all from the convenience of your own telephone! This seminar is most applicable to BC residents, and we invite registered participants to email their questions to us prior to the seminar.
Date: Wednesday, February 20, 2008
Time: 12pm - 1pm (PST)
Cost: $30.00 (CDN)
Available anywhere by telephone
Register early! Registration is limited to 12 participants
To register online, click here
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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V. THE JOY OF STRESS
Presented by Ted Kuntz, M.Ed, Past President of PLAN
The Joy of Stress workshop will explore:
the difference between stress and distress
strategies to increase your peace, joy and happiness
thinking that feeds your negativity
For everyone going through the stresses of today’s fast paced world, this presentation is a must.
Date: Wednesday, February 20, 2008
Time: 7pm - 9:30pm (PST)
Location: Peter Kaye Room
Vancouver Public Library
350 West Georgia, Vancouver, BC
SPECIAL WORKSHOP FEE ONLY $15.00* (CDN)
*Because of the special discounted fee this workshop is not available for any further discounts.
We recommend that you register early!
To register online, click here
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
Ted Kuntz
Ted and his family became one of PLAN’s first younger Lifetime Members and he has grown to become an active part of PLAN’s corps of volunteers. He served on the Board of PLAN for many years as President. Ted is a psychotherapist in private practice in Vancouver.
He is also the published author of Peace Begins With Me and his successful workshop “The Joy of Stress” has been presented across Canada to corporations large and small.
Ted embodies the spirit of community, which is in fact the name of the award he has established to honour community contribution in the Tri-Cities area. His community activism has won him many awards.
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VI. HOME OPTIONS
Owning a house and creating a home are two different things. This one-hour telelearning session will help you learn about different housing options so your relative with a disability can have choice, control, and security in their home. You will hear about solutions other families have used, look at the issues involved with the coordination of home and support, and explore options for ownership.
Date: Wednesday, February 27, 2008
Time: 12pm - 1pm (PST) or
4pm - 5pm (PST)
Cost: $30.00 (CDN)
Available anywhere by telephone
Register early! Registration is limited to 12 participants
TWO TIMES TO CHOOSE FROM:
Click here to register online for the 12pm session.
Click here to register online for the 5pm session.
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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VII. REGISTERED DISABILITY SAVINGS PLAN
In planning for the future, you need the most current and relevant information. The Disability Savings Plan will become available in 2008. It will provide another tool for you to plan with. Join us in this FREE telelearning seminar to learn about the details, its implementation and how it will work for your family.
Date: Wednesday, March 19, 2008
Time: 12:00pm - 1:00pm (PST)
Cost: FREE
Available anywhere by telephone
Click here to register online. Registration is limited to 12 participants.
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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VIII. SUPPORTED DECISION MAKING
Families often walk a balancing act between respecting choices and ensuring the safety and well-being of our family members. Although stressful, families and individuals alike gain freedom as they explore decision-making. We will discuss how you can support your relative to make good decisions. We’ll discuss decision-making tools, including Representation Agreements. There will be plenty of time for questions and discussion.
Date: Wednesday, March 26, 2008
Time: 12pm - 1pm (PST)
Cost: $30.00 (CDN)
Available anywhere by telephone
Register early! Registration is limited to 12 participants
Click here to register online
For more information or to register by phone, call: 604.439.9566
or email: inquiries@plan.ca
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IX . HOME IS WHERE THE HEART IS
This interactive engaging online course explores the different home options available for your relative with a disability. Videos and stories showcase inspiring living situations, checklists and interactive forms help you think about everything you need to consider when thinking about creating a home for your relative with a disability. This course comes with a downloadable practical guide and lots of inspiring ideas to help you start dreaming. The first course will be offered in May, 2008
For more information about this new online course, please call the PLAN office at 604.439.9566 or send an email to: inquiries@plan.ca
For Our American Friends
The American Association of People with Disabilities (AAPD) is a national nonprofit cross-disability member organization that works in coalition with other disability organizations for the full implementation and enforcement of disability nondiscrimination laws, particularly the Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973.
Recently, AAPD, ADAPT, National Council on Independent Living (NCIL), and Self Advocates Becoming Empowered (SABE) worked collaboratively to create a list of questions for the presidential candidates that reflect the issues most important to their members. They sent a letter signed by all four organizations to the presidential
candidates, requesting their responses as soon as possible but no later than May 31, 2007.
As of today, only some of the candidates have responded - you can visit their 2008 Presidential Election Action Center at:
http://www.aapd.com/News/election/peac2008.php
Saturday, February 2, 2008
"Wisdom is Knowing When You Can't Be Wise"
Some of you may be familiar with this story from the UK, having seen or heard news coverage of it last year.
The mother of a severely disabled teenager has asked doctors to give her daughter a hysterectomy to stop her from starting menstruation. Alison Thorpe, 45, from Essex, says 15-year-old Katie, who has cerebral palsy, would be confused by periods and they would cause her indignity.
Doctors are now seeking legal approval before carrying out the surgery.
The disabled charity Scope said the operation would set a "disturbing" precedent for other disabled girls.
If approved, it will be the first time in the UK a hysterectomy is carried out without it being medically needed.As it turns out, after Britian's National Health Service took legal advice, the procedure was not approved.
But as unusual as this story may sound, it's not unique. Ashely's mom, at Pipecleaner Dreams (a blog I would recommend, by the way, for any parent of a challenged child seeking like-minded company) tells the tale of a second Ashley, in Seattle.
READ MORE
Cross-posted on Free Falling
Wednesday, January 30, 2008
Psychology For You Series
All sessions take place in the Parker Reception Room on the main floor of the IWK Health Centre. However, many can also be accessed in your local area using the services of Telehealth.
For more information, contact
Pat Blaikie, Administrative Assistant, Public Relations, IWK Health Centre 5850/5980 University Ave. P.O. BOX 9700 Halifax, N.S. B3K 6R8
Ph. (902) 470-6740
Fax (470-6790)
In addition, some past presentations can be accessed online.
Monday, January 28, 2008
Free Film series on the Ethics of Mental Health
But although it's too late for this evening's screening, there are two additional films the following two Mondays (February 4 and February 11).
You are invited to a free public screening tonight (Mon., Jan.28, 7:00PM) of the film Awakenings, starring Robert DeNiro and Robin Williams. Complimentary refreshments will be available at the break, followed by a panel discussion led by patient representatives and experts in public and mental health, bioethics, psychiatry and psychology. The event will be held at the Halifax Infirmary, 1796 Summer Street, inside the Royal Bank Theatre. This is the second of a four-part film series on the ETHICS OF MENTAL HEALTH hosted by Novel Tech Ethics (Dept. of Bioethics, Dalhousie University) that also includes:
- What?s Eating Gilbert Grape ? Mon. Feb.4 (7:00PM)
- Thumbsucker ? Mon. Feb.11 (7:00PM)
Please help us advertise this event by posting this message as soon as possible to your friends, family, co-workers, and any relevant e-mailing lists, listservs, websites, news bulletins or blogs to which you may have access. If you know of any places where you might put up a printed version of the States of Mind 2008 poster, please feel free to download a copy.All are welcome. Come early, seating is limited. (No reservations. Room capacity: 168)
Friday, January 25, 2008
1,000th Visitor
But without being able to keep track of visitors, it might often feel like screaming into the wind. Well, some days it might feel that way anyway, but really that's another story. So while not quite as good as numerous comments [hint, hint, we really do appeciate comments], at least I am able to get some sense of where people are coming from and what they're interested in.
And tonight it was very gratifying to see the blawg's 1,000th visitor. So thank you my fellow Nova Scotian, whomever you may be. I hope you found something both useful and interesting. And that you will return for more.
There are still lots of topics I want to write about. Make that, there are still a lot of topics I will be writing about. And I may also be asking more and more pointedly for your help, gentle readers.
Because first of all, as noted by Kimberly, we can't do this alone. We need the assistance and understanding of the non-disabled community to move things forward. And secondly, something tells me that unless this community pulls together and lobbies hard, all of the hard work done by PLAN and others in regard to the RDSP, as just one example, will be for naught when it comes to individuals with disabilities in Nova Scotia.
The time is now to make our voices heard.
Wednesday, January 23, 2008
The More Things Change ...
Remember this? And this?Have you heard the latest?
From the latest edition of Institution Watch:
NOVA SCOTIAThere's also a complete look at how other provinces are doing. I can tell you that British Columbia, New Brunswick and Newfoundland are leading the way.
More than a year ago (November 2006) the Nova Scotia government announced that it would be renovating an empty building to create an institution to house 24 people. The news release estimated the cost to be $3 million with annual operating costs also estimated to be $3 million. On December 19, 2007 the tender for construction was awarded at a cost of $4,180,000. The costs for design work are unknown.
Nova Scotia? As you can see, we're not fairing too well. But check it out for yourself.
So what will it take to make a difference here? Who, if not us, is going to make our government move forward on this? That's forward in the right direction. As opposed to what they apparently think is the right direction.
What are your thoughts and ideas?
Tick tock. Tick tock.
Show of hands?
Sunday, January 20, 2008
Inventory of Legislation, Policies and Guidelines for Long-term Care
And now I am just as pleased and surprised to find that the Department of Health has followed their lead.
Inventory of Legislation, Policies, Guidelines for Long-term CareFor some of us whose children are older, we wonder what will happen when we're gone. For others, it might be our own parents who give us cause for concern. Whatever the situation, the government needs to move towards more openness and accountability with its programs and services. Or, should I say, our programs and services. After all, it's us, as taxpayers, who are funding them.
The following legislation, policies and guidelines are standards in the long-term care sector. The Department of Health, Continuing Care Division supports owners and operators of long-term care facilities by creating policies and monitoring standards in the sector to ensure that there is a consistent quality of care provided to long-term care residents. Owners, operators and staff of long-term care facilities must be in compliance with the following legislation, policies and standards.
It's good to see them take a few baby steps in this direction.
Sunday, January 13, 2008
More on Learning Disabilities and the Disability Tax Credit
So remember this, don't let anyone (including a CRA employee) tell you categorically that learning disabilities do not qualify for the Disability Tax Credit. It is the severity of the learning disability that will be the deciding factor, not the fact that is is a learning as opposed to some other type of disability.In recommending that ‘thinking, perceiving and remembering’ be replaced by the ‘mental functions necessary for everyday life’, we defined the functions as memory (simple instructions, basic personal information, material of importance and interest), problem-solving, goal-setting and judgement, and adaptive functioning. Adaptive functioning includes those abilities related to selfcare, health and safety, social skills and common simple transactions. In this way, any disorder related to mental functions which is severe and prolonged and restricts the mental functions necessary for everyday life as defined above, would obviously be eligible (e.g. affective and anxiety disorders, learning disabilities) and not just those defined by disturbances in thinking, perceiving and remembering (e.g. head injury, major mental illnesses, dementia).
No impairment, be it physical or mental, is ineligible for the DTC on the basis of a diagnosis alone: It is very important for qualified persons to keep in mind that there is no disorder of mental function which renders a person categorically ineligible for the DTC. Although it may be the case that some disorders may be, by their nature, less likely to result in a marked restriction in mental functioning as defined by the DTC than are other disorders, the CRA does not rule out eligibility on the basis of the type of disorder alone. For example, many persons with learning disabilities will not have a sufficiently marked restriction in the mental functions necessary for everyday life, as defined by the DTC, to qualify for the credit. However, if someone had a learning disability, attested to by the qualified person, that created a marked restriction in mental function (e.g. the learning disability was so severe that the person could not manage money sufficiently well to make a simple purchase or could not navigate streets signs to travel to a new location) then the person should be considered eligible for the credit.
Thursday, January 10, 2008
'Disabled Canadians Jubilant to Have Transport Barrier Removed'
I know I have. And still do, as a matter of a fact. Right at this moment, I am haunted by one of the many items on my never-ending To Do List, this one to recontact our local bus company to continue the debate about whether I should have to pay a second fare for my teenage daughter's support person. It turns out that they do have a policy in conjunction with the CNIB, providing that a blind person can travel with a support person without paying or a second fare. But they don't have any policy around any other disabilities.
After telling them how great I thought it was that they have this policy in place for the blind, I calmly pointed out that to have such a policy for one type of disability and not for others might, by some, be considered discriminatory. Somehow, that seemed to get their attention.
They advised me that would be making a policy around the issue for all disabilities and provided me some with free bus passes in the interim. Which was fine, except that was quite a while ago, the bus passes have long since been used up and I need to call them back again and get them moving on this issue. Just one more time and place when I have to do someone else's job.
But fortunately, and the reason why I am now writing this post, I will now have some backup when I make that call and write that letter.
Today the Canadian Transportation Agency (CTA) released a landmark decision concerning the right of individuals with disabilities to travel by air without having to say for a second seat, for an attendant or other use, to accommodate their disability. In a historic decision in the “One Person, One Fare” case, the agency has recognized the right of these individuals to have access to a second seat when traveling by air in Canada without having to pay a second fare.Sometimes, I like to convince myself that I haven't simply been procrastinating (or more accurately, been too overwhelmed to finish what I started in a timely manner) but that it's all fate, you see ... of course, I hadn't been aware of it but I had just been waiting for this decision to be released so I would have some good quality ammo on my side for the next time we spoke.
The media release from the Council of Canadians with Disabilities can be found here.
Read it, Preach it, Use it!
Dominique's Story
Dominique's Story ~ The Long Road to Functional Independence
This is the story of Dominique, Joyce's autstic daughter, for whom the cookbook was first made. It's nice read about another of our kids and how she and her family have gotten from there to here.
Do check it out.
Tuesday, January 8, 2008
The Picture Cookbook: Independent Cooking for People with Special Needs
At any rate, it appears that Joyce, along with her son, has now authored a cookbook for the special needs community. I can't critique it because there's not much information given on the site and I haven't spoke to Joyce in a long time, not since she moved back to British Columbia. But I do know that, as the site states, her daughter has low-functioning autism and I assume the book was written as a tool for Dominique.
So should you ever be passing be passing through a bookstore and see the title, you might just want to check it out. And if you ever do, I would be interested in hearing your thoughts.
Update: I see that Joyce is also working on a second book, The Other Side of Pandemonium (The Hidden Face of Autism). So you might want to check that out too. A brief biography on Joyce can be found here.
Friday, January 4, 2008
What Good Is A RESP To Our Child?
But in the meantime, I offer you these little gems I dug up at Ken Pope's site today:
The Long-term Benefits of RESPs
and
Using Registered Education Savings Plans For a Child with Developmental Disabilities
That's right, RESPs for our children with disabilities.
These days, with more changes occurring both with RESPs themselves and in post-secondary education, RESPs are looking like much better investments for the disability community. In the above articles, Mr. Pope notes the government grants (that's free money added to the fund by the government) available and the guarantee that at least some, if not all, of your capital will be returned if your child does not go on to post-secondary education. In addition, most, if not all, such funds are also transferable to another eligible child. And you might just be pleasantly surprised (I know I was) to see the advances that are being made in making post-secondary education more accessible to our children, be they challenged physically or mentally.
For example, I have attended numerous disability workshops over the past couple of years where representatives of the Nova Scotia Community College and Acadia University have made presentations concerning their services for students with disabilities. In fact, I probably could and will, at some point, do a series of posts just on that subject.
But I was quite impressed to find that the NSSC, for example, offers both 'accommodations' (allowing a student to graduate with a regular diploma) and modified programs [similar to the idea of the Individualized Program Plans (IPPs) offered in the public school system] which would allow even some IPP students to attend Community College and 'graduate' with a 'list employment skills'.
We purchased a RESP for our oldest child before we knew she had any disabilities. And there's been times over the years that I've wondered in passing if we were just throwing our money away. But now, not only do I know that I can transfer those funds to my younger child, if need be, but I actually hope that the oldest might just be able to access some form of post-secondary education. Only time will tell if that hope is realistic. But either way, I'm glad now that we kept up with the RESP.
And if you're looking for more reading material on other disability-related topics, a list of other articles from Mr. Pope's site can be found here.