March 18

New Hampshire Healthcare Advance Directive – Surrogacy Provisions



New Hampshire expanded its healthcare advance directive statute (NH RSA § 137-J) in 2015 to include a surrogate health care decision-making process. These surrogacy provisions allow a patient’s relatives, in a specific order of priority, to make timely health care decisions, without court involvement, for a period of up to 90 days when no healthcare agent is available or willing to act. While the surrogacy is active, the surrogate decision-maker may make health care decisions for the patient to the same extent as an agent under a durable power of attorney for health care. The surrogacy also will terminate if the patient objects to the person’s appointment, a guardian is appointed, the patient is determined to be near death, or the patient regains decision-making capacity.

March 18



The Achieving Better Life Experience Act (ABLE), was signed into law on December 19, 2014. Once a state has passed legislation implementing an ABLE account program and the Treasury Department issues regulations, persons with disabilities may own and control one tax-exempt savings account for the payment of qualified disability-related expenses. ABLE account funds generally will not count toward income and resource limits for federal means-tested public benefits, such as Supplemental Security Income (SSI) and Medicaid. Although an ABLE account is not a substitute for a special needs trust, this new option will provide a measure of economic independence for individuals with disabilities.

For more details on ABLE, please see our article, “A New Tool to En“ABLE” Independence for Persons with Disabilities,” in the upcoming March issue of the New Hampshire Bar News: as well as this Exceptional Parenting Magazine article, written by colleagues from the Special Needs Alliance:


Milestone Ages Special Needs Planning

March 18

Special Needs Alliance Conference, New Orleans, April 16-17, 2015

Judith L. Bomster will attend the Special Needs Alliance (“SNA”) Conference in New Orleans, Louisiana on April 16 and 17, 2015.  The SNA annual Spring conference is designed to provide quality education on cutting-edge and timely issues, enabling its members to stay abreast of federal laws and rules which affect individuals with disabilities.  This year’s conference will focus primarily on special needs planning and personal injury litigation as well as recent developments in the law including the ABLE ACT…  Judith is an active member of the SNA Publications Committee, writing and editing articles published in The Voice.  For more information on the Special Needs Alliance, and to view past articles from The Voice visit and

March 18

Ann Butenhof will Attend Annual NAELA Conference, Orlando, Florida, May 14-16, 2015

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<a href=”″ title=”” class=”hs-featured-image-link”> <img src=”” alt=”Ann Butenhof will Attend Annual NAELA Conference, Orlando, Florida, May 14-16, 2015″ class=”hs-featured-image” style=”width:auto !important; max-width:50%; float:left; margin:0 15px 15px 0;”> </a>
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<p><span style=”font-size: small;”><strong><span style=”color: #000000;”>Ann N. Butenhof </span></strong><span style=”color: #000000;”>&nbsp;</span><span style=”color: #000000;”>will attend the Annual NAELA (National Alliance of Elder Law Attorneys) Conference in Orlando, Florida May 14-through 16, 2015.</span><span style=”color: #000000;”>&nbsp; </span><span style=”color: #000000;”>NAELA’s annual conference provides practitioners an opportunity to stay current on a variety of issues impacting Elder and Special Needs Law.</span><span style=”color: #000000;”>&nbsp; </span><span style=”color: #000000;”>This year’s program is about emerging research, changes in the law, best practices and actively engaging with national experts.</span><span style=”color: #000000;”>&nbsp; </span></span></p>
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