Not all interactions between police officers and individuals with disabilities end poorly, but some do. This can happen when a police officer isn’t aware of the person’s disabilities and special needs. Neither party in such an interaction means any harm, but harm sometimes occurs.

Some behavioral traits caused by a person’s medical condition can be interpreted as combative by law enforcement officers. For this reason, registries for individuals with disabilities, also known as special needs registries, are becoming increasingly available across the United States. There is even a National Special Needs Registry, soon to be referred to as the Public Safety Alliance for Individuals with Disabilities.

What Are Special Needs Registries?

Special needs registries are databases managed by local law enforcement agencies, fire departments, emergency medical services, or municipalities. They allow individuals with disabilities, or their caregivers, to provide essential information that can be used to inform first responders about a person’s needs, behaviors, communication challenges, and medical conditions. Registration is typically voluntary, and individuals or families must consent to share their information. The information provided may include:

• The name, age, and address of the individual
• Emergency contact information
• Description of the disability or medical condition, e.g., autism, dementia, mobility impairment, or sensory processing disorder
• Preferred methods of communication
• Potential triggers or behavioral responses, such as sensitivity to lights or loud noises
• Strategies or tools that may help calm or assist the person during an interaction

How Special Needs Registries Work

To enroll in a special needs registry, individuals or caregivers usually complete a form online or in person. Once the information is processed, it is securely stored in a database that can be accessed by first responders during an emergency. For example, if there is a call for assistance at an address, dispatchers can notify responding officers or paramedics of any special considerations based on the information in the registry.

Some jurisdictions have systems that automatically alert first responders when they are dispatched to an address associated with a registered individual. Others may require personnel to check the database manually. If you or your loved one have enrolled in a special needs registry, be sure to keep the registry updated about any changes to your information so that their database remains accurate.

Benefits of Special Needs Registries

Some benefits of using a registry for individuals with disabilities include:

• Improved Safety for Individuals with Disabilities. Special needs registries can help prevent confusion or unnecessary escalations. For example, if an officer encounters a person who has difficulty speaking or understanding instructions, knowing that they have a communication disorder or intellectual disability can guide the officer to approach the situation with greater patience and care.
• Better Communication and Interaction. Registries can include preferred methods of communication, such as the use of visual aids or specific keywords. This information helps first responders understand how best to communicate and de-escalate situations. For example, some people with autism who are nonverbal may rely on sign language or communication devices, and knowing this in advance allows responders to prepare accordingly.
• Faster and More Efficient Emergency Response. In medical emergencies, having information about a person’s health conditions, allergies, and medications can save precious time. Paramedics can make more informed decisions about care, leading to better outcomes. For individuals experiencing a cognitive impairment, such as dementia, registries can also help in quickly identifying them if they are found wandering, which is a common issue with cognitive impairments.
• Peace of Mind for Families and Caregivers. Knowing that first responders have access to information about their loved one’s needs can provide families with reassurance. It helps reduce the anxiety that families often feel about interactions between their loved ones and police officers, especially if their loved one has behaviors that may be misunderstood. Families can also be more confident that, in the event of an emergency, responders will have the information they need to provide appropriate care.

Privacy and Security Considerations

Because special needs registries involve sharing personal and medical information, privacy and security are significant concerns. Agencies managing these registries often implement strict measures to protect the data from unauthorized access. Participants are encouraged to inquire about how their information will be used, who will have access to it, and what measures are in place to keep it secure.

How to Register

Registration processes vary by location. Individuals or caregivers can typically register through local police department websites, fire department sites, or other community resources. The form will ask for basic information about the individual, including details on any disabilities, medical conditions, or needs that first responders should be aware of. Some registries also provide identification cards or window stickers, which can help alert first responders to check the registry if they encounter the person in a vehicle or at their home.

Learn More About Resources for Individuals With Disabilities

Contact your local police department or the emergency management officials in your municipality to find out if a registry for individuals with disabilities is available in your community. You can also use the National Special Needs Registry to locate the registry closest to you.To learn more about rights of individuals with disabilities, you can refer to the Americans with Disabilities Act and talk with your special needs planner. They can discuss your specific situation and potential options with you.

An estimated 20 percent of military-connected children have special needs, according to the National Institutes of Health. With a Survivor Benefit Plan (SBP), military members can provide for their children with disabilities while helping them maintain access to other benefits.

Under the National Defense Authorization Act of 2015, members can designate their child’s special needs trust (SNT) as their SPB’s beneficiary. A special needs trust is an estate planning tool that provides funds to support a person with disabilities. It also allows them to qualify for public assistance, such as Supplemental Security Income (SSI) and Medicaid.

What Are Survivor Benefit Plans?

When military service members die while on active duty or during retirement, Survivor Benefit Plans provide financial support to their surviving spouses and dependent children. Beneficiaries receive monthly annuity payments.

For some service members, coverage is automatic and free. This includes individuals who die on active duty and reserve component members who pass away because of a service-connected cause in inactive duty training.

Upon retirement, active duty members and reserve component members may opt into SBP coverage. To be eligible, they must have at least 20 years of qualifying service for reserve retired pay. The program ensures their families continue to receive income should they pass away and lose retirement benefits.

Retiring members pay premiums to join the program. The premiums come in part from their gross retired pay. Since these premiums subtract from gross retired pay, they are not taxable income.

The government also partially funds the premiums. Because the government also covers operating costs, the SBP is less expensive than traditional life insurance for many.

Retirees can choose annuity amounts up to 55 percent of their retired pay. They may select a lower annuity amount, for which they pay a lower premium.

Survivor Benefit Plan Beneficiaries

After a service member passes, the SBP delivers annuity payments to elected individuals, typically their spouse or dependent children.

Service members can choose among several beneficiary options upon retirement. In most cases, these decisions are final. They are changeable only in specific instances, like a change in marital status or the death of a beneficiary.

According to the Defense Finance and Accounting Service, eligible beneficiaries include the following:

• Spouse
• Spouse and dependent children, including those dependent because of age and disability
• Children only, with the spouse’s consent
• Former spouse
• Natural interest person, for those with no spouse or dependent children

For Military Members Who Have Children With Disabilities

An adult child with a disability is eligible as a dependent if the child became physically or mentally disabled before age 18, or age 22 if pursuing education. An additional option is to elect direct payment of an SBP annuity to a special needs trust for the child.

As mentioned earlier, a child with a disability may receive benefits like SSI and Medicaid. Income from an annuity might put the individual over program income and resource limits. This income increase could cause them to lose their benefits.

Service members who have a child with a disability can avoid this by electing for the annuity to go to their child’s SNT. Assigning the annuity payments to the trust can protect the child’s continued receipt of benefits.

How Does a Special Needs Trust Work?

Special needs trusts (or supplemental needs trusts) serve as funds that can benefit individuals with disabilities. A properly drafted SNT provides financial support to a person with a disability while keeping them eligible for benefits. A trustee manages the trust funds and makes disbursements to the individual with the disability.

Strict spending rules govern special needs trusts. For example, to preserve SSI benefits, this type of trust cannot pay for things that SSI covers, like shelter. Assets in the trust can cover other expenses, however. These may include travel, recreation, legal services, insurance, home furnishings, uncovered medical expenses, and education.

Covering a Special Needs Trust Under a Survivor Benefits Plan

Currently, a military member or retiree can choose to cover a dependent child’s SNT in the following circumstances:

• The individual must have elected spouse and child or child-only coverage for a child with special needs.

• The dependent child with a disability must also have an established and certified first-party special needs trust or pooled SNT.

When an SBP benefits a dependent child with a disability, the direct payment can be changed to a special needs trust at any time before or after the military member’s death. The member can make the change during their lifetime. Or, after their death, a surviving parent, grandparent, or court-appointed legal guardian can designate the trust to receive the annuity payments.

Directing annuity payments to an SNT requires submitting the following documentation to the Defense Finance and Accounting Service:

• A statement of intent
• An attorney’s special needs trust certification
• The SNT’s name and tax identification number

Additional Assistance for Active and Retired Military With Children With Special Needs

Various other forms of support are available for retired and active military personnel with children with disabilities. These include the following:

• The Military and Family Support Office offers the Exceptional Family Member Program. This program provides community support, housing, and educational, medical, and personnel services to military families with special needs.

• U.S. Armed Forces Legal Assistance offices, available nationwide, give advice as well as local attorney referrals. The office can help families find attorneys who practice special needs law.
• An official Department of Defense website, Military One Source, is another resource for military families with children with disabilities. Military One Source offers support with special education, financial planning, and child care. Speak to a Military OneSource consultant by calling 800-342-9647.

Work With a Special Needs Planning Attorney

An attorney can help you decide whether assigning your Survivor Benefits Plan to a special needs trust for your child would be an appropriate strategy for your family. If your child does not yet have an SNT, your attorney can create one.

Takeaways

• Natural disasters such as wildfires, floods, and hurricanes highlight the importance of disaster preparedness in estate planning.

• Such events can destroy crucial estate planning documents, leading to complications like probate delays, disputes, and difficulty accessing medical care. Proactive steps that include secure digital backups and off-site storage can help mitigate these risks.

• Losing key documents in a disaster is distressing, but many can be replaced through agencies like FEMA, attorneys, and financial institutions. Insurance policies may also cover document replacement, and relief programs provide financial and logistical support for disaster victims.

Every year, the United States experiences a large number of floods, tornadoes, hurricanes, wildfires, and other natural disasters, and the frequency and intensity of these events appears to be increasing.

The recent Los Angeles wildfires are a stark reminder of the sudden intensity with which disaster can strike, resulting in the loss of life and property. As survivors begin to pick up the pieces, they may also find that they’ve lost important documents.

The loss of these documents may not only cause immediate issues, such as making it difficult to apply for relief and insurance claims, but also affect long-term estate planning. In addition to storing crucial documents securely in multiple locations, there are proactive steps you can take to build disaster preparedness into your estate plan and ways to replace estate planning documents that have been lost in the wake of a natural disaster.

The Rising Costs of Natural Disasters

Driven by strong winds and dry conditions, wildfires have ravaged Los Angeles to start 2025. These fires have rapidly spread across the region, impacting communities from the Pacific Palisades to the northern reaches of Los Angeles County. As of this writing, more than 31,000 people in southern California are under mandatory evacuation orders.

The fires have caused catastrophic damage, with thousands of homes and structures destroyed. Entire neighborhoods have been reduced to ash, hundreds of thousands of residents have been forced to evacuate their homes, and dozens of deaths have been attributed to the fires.

Economic losses from the Los Angeles wildfires are estimated to be in the hundreds of billions of dollars. Early estimates indicate that the wildfires could be the costliest disaster in U.S. history, surpassing even the losses of Hurricane Katrina. J.P. Morgan predicts they could cost insurance companies more than $20 billion, while total costs could be $250 billion to $275 billion.

Natural disasters are an unfortunate part of life that we have limited control over. Certain areas are disaster-prone, but evidence suggests that both the frequency and cost of natural disasters are rising.

In 2024, the U.S. experienced 27 natural disaster events that each led to at least a billion dollars in losses, and 2023 had the most billion-dollar disasters of any year to date. The annual average for the most recent five years (2020 to 2024) is 23 such events — more than double the 1980 to 2024 annual average of nine events. In 2024 alone, the cost of these disasters was nearly $183 billion.

The time between these events is also shrinking. From 2019 to 2023, there were only 16 days on average between billion-dollar disasters, compared to 82 days in the 1980s.

Natural Disasters, Lost Documents, and Estate Planning

Estate planning takes the approach that life is full of unexpected events and tragedies that can’t be eliminated, but can be hedged against, to some degree, through forward-thinking legal measures.

The two main outcomes that estate planning protects against are one’s loss of capacity and death. But with the rise of devastating natural disasters like the L.A. wildfires, it may also be wise to place measures in an estate plan that account for disaster-related document loss that can complicate or delay administration of your estate and cause confusion and uncertainty for your loved ones.

• If your will is lost and can’t be found, you’ll be considered intestate if you were to pass away without having replaced it. That means the state will decide how your money, property, and other possessions are distributed, which may not align with your wishes.
• The court process known as probate could be significantly delayed if you have lost certain important documents, making it harder for your heirs to access assets and settle your estate after your death.
• Missing documents can lead to disputes among family members and potential legal battles over your estate if you pass away. Your family won’t have clear instructions on your wishes for your assets, health care, or guardianship of minor children.
• If estate planning documents such as your living will or health care power of attorney are lost, your medical wishes may not be known or honored should you lose the ability to communicate them yourself. As a result, your family’s ability to make informed decisions about your treatment or access your medical records could be hindered.
• Missing deeds or titles can complicate the transfer of property to your heirs.
• Without records of your assets, some of your accounts or valuables may be overlooked or lost.
• Lost documents can make your estate more vulnerable to fraud.

It may be easy to think “it won’t happen to me,” but the statistics tell a different story.

According to the Federal Emergency Management Agency (FEMA), nearly half (43 percent) of small businesses never reopen after a major disaster, often due to the irretrievable loss of critical records. However, FEMA notes that businesses that are prepared for document loss and have continuation plans are typically back up and running as normal sooner than businesses without plans.

The need to hedge against worst-case scenarios like a natural disaster is just as real for individuals as it is for businesses. Measures such as cloud storage, portable drives, and fireproof safes can help to protect crucial documents, but they’re not foolproof. Accessing digital files requires a device and Internet connection, both of which might be unavailable after a disaster, and fireproof safes can be lost or damaged in severe events.

Proactive Estate Planning for Natural Disasters

At a minimum, copies of your estate planning documents should be stored in a safe location outside of your home or business. For privacy and security reasons, you don’t want too many people to have access, but you shouldn’t be the only person who knows where these documents are stored and how to access them in an emergency.

One copy can be kept with your attorney, who should already have the most up-to-date information on file. You might also want to give copies to loved ones, especially those such as your executor, trustees, and trusted decision-makers named in your estate plan (e.g., your power of attorney agents).

Make backups that are digitally stored with other important documents on an encrypted cloud service or external hard drive that’s kept in a separate, secure location, such as a safe deposit box. Use cloud services with features that allow you to share specific folders or files with trusted individuals or provide those individuals with login information for the cloud service or physical drive.

Beyond these basic measures, here are some additional ways to strengthen your estate plan against the uncertainties of natural disasters:

• Create a detailed asset list of everything you own and how much it’s worth. After a disaster, this list can help to prove your losses to the insurance company and aid you in applying for disaster relief. If original documents are destroyed, the asset list could serve as the primary record of what is included in your estate.
• Place valuable assets in a trust. Although a trust can’t physically protect these estate assets, they can offer protection against creditor claims that could arise following a natural disaster. Tangible personal property that can be placed in a trust includes real estate, jewelry, artwork, collectibles, and antiques.
• Review property values, especially after a fire or other disaster, and update your insurance coverage and beneficiary designations accordingly if property values have changed.
• Prepare for displacement by making sure you and your trusted contacts can access estate planning documents during a disaster emergency. This information can be part of a “Go Bag.”
• Put clauses in your estate plan that permit immediate emergency distributions to be made to beneficiaries affected by a natural disaster.
• Review health directives so that responders and medical teams can access them in an emergency.
• Consider incorporating charitable giving into your estate plan to support disaster relief efforts.

The Road to Recovery: How to Replace Lost Documents and Other Relief Measures

Losing documents such as birth certificates, medical records, and estate planning documents in a natural disaster can make a bad situation even worse if these documents are unrecoverable. Luckily, it is possible to replace many lost documents by contacting the appropriate government office.

In response to the Los Angeles wildfires, FEMA put out this resource guide for replacing documents — including property deeds, driver’s licenses, insurance policy information, birth certificates, Social Security cards, and passports — lost to the blazes. FEMA says that a good place to start is at a local Disaster Recovery Center (DRC).

If you lose your estate planning documents in a natural disaster, you can also take these steps to recover them:

• Contact your attorney: If you work with an estate planning attorney, they should have copies of your documents.
• Check with the court: If your will was filed with the probate court, you can obtain a copy there.
• Financial institutions: Banks, investment firms, and insurance companies typically keep copies of key client documents.
• County recorder’s office: Copies of documents that were recorded (like deeds and some trusts) can be obtained from the county recorder’s office.
• Online storage: If you use a secure online storage service, you can access your documents from any location. Amid the recent disasters in L.A. and North Carolina, Space X has supplied free Starlink (satellite Internet) terminals to affected areas for those unable to get online.

Finding Relief

State and local governments, as well as private organizations, provide resources and other forms of assistance to natural disaster victims.

• Your homeowner’s or renter’s insurance policy might cover some or all of the costs of replacing lost documents, since they’re considered part of your personal property.
• The federal government has promised to cover 100 percent of the costs of the initial L.A. fire response.
• Victims are also eligible for a one-time $770 payment to pay for essential items. An application can be made online, via the FEMA app, by phone (call 1-800-621-3362), or in person at a DRC.
• The IRS announced tax filing and payment relief to Los Angeles residents and business owners impacted by the fires.
• FEMA also offers recovery tips and assistance programs to eligible fire victims and businesses. It may be able to help pay for certain costs such as replacing personal property, finding a place to stay, and paying for essentials.
• The American Red Cross provides shelter, food, and other vital assistance to disaster victims.
• The Salvation Army has programs and resources to assist disaster victims.
• United Way connects people with local resources and support services.
• Feeding America is working with the Los Angeles Regional Food Bank to distribute emergency food supplies.
• Team Rubicon is a veteran-led humanitarian organization that delivers disaster relief and aid.

Losing your home and possessions in a natural disaster is devastating enough, but the loss of key documents can add another layer of complexity to an already difficult situation.

The L.A. wildfires, although unprecedented in their scope, could be part of a new normal in which natural disasters are more prevalent and more damaging. Within this context, the estate planning axiom of “preparing for the worst” takes on added importance and new dimensions.

To protect your family and your legacy against the very real possibility of a natural disaster, before and after disaster strikes, contact your estate planning attorney.

Takeaways

• Legislation signed in January 2025 seeks to secure better access to home- and community-based care for military veterans.
• The bipartisan Dole Act also focuses on coordinating assistance for family caregivers of veterans.

On January 2, 2025, President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act. The legislation represents a significant step forward in supporting the needs of veterans, their families, and their caregivers.

Named in honor of former United States Senator Elizabeth Dole, a longtime advocate for military families, the law represents a significant advancement in the services and support provided to U.S. veterans. Through the Department of Veterans Affairs (VA), this new legislation aims to enhance veterans’ access to home and community-based services (HCBS). The Act also recognizes the critical role that caregivers play in ensuring the well-being of veterans and seeks to provide them with better support and resources.

Expansion of Home and Community-Based Services

The Act requires the VA to increase access to HCBS for eligible veterans, enabling them to receive care in their own homes or communities rather than institutional settings. Before this law passed, a veteran could receive HCBS only if those services did not exceed 65 percent of the cost they would be if administered in a VA nursing home.

Under the new law, veterans can receive HCBS if the cost is equal to the cost of receiving the same care in a VA nursing home. The VA can also allow home and community-based services that exceed the cost of VA nursing home services if the VA determines that paying the higher cost is in the best interest of the veteran.

HCBS can include personal care, homemaker services, adult day health care, respite care, and other services.

Support for Caregivers

In addition, the Elizabeth Dole Act will provide enhanced training and education programs for caregivers of veterans. Such programs will seek to help them manage the unique challenges of caring for this population. The legislation also will make more veterans and their families eligible for the VA’s Program of Comprehensive Assistance for Family Caregivers.

Pilot Programs and Innovation

The law calls for the development of various pilot programs, including one focused on exploring innovative HCBS models that provide homemaker and home health care services to veterans who live in communities with a shortage of home health aides. Recognizing the importance of a skilled workforce, the Act provides funding for training programs to increase the availability of home health aides and other professionals specializing in veteran care.

Addressing Challenges for Veterans and Caregivers

Veterans often face unique health challenges, including physical disabilities, post-traumatic stress disorder (PTSD), and chronic illnesses. These conditions can make daily living tasks difficult, increasing reliance on caregivers. For many veterans, caregivers are loved ones who often sacrifice their own well-being and financial stability to provide care. By strengthening HCBS and caregiver support, the Elizabeth Dole Act addresses both veteran-specific health needs and the burdens placed on caregivers.

Other Benefits of the Legislation

The law’s emphasis on home-based care aligns with veterans’ preferences to age in place and maintain their independence. By reducing the reliance on institutional care, the legislation also has the potential to lower overall health care costs. Furthermore, the Act’s focus on caregiver support may help improve the mental and physical health of those providing care, ultimately benefiting veterans by ensuring consistent and high-quality assistance.

“The Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act will better support veterans, caregivers, and survivors by improving access to VA health care and benefits, expanding long-term care programs, strengthening programs for student veterans and military family members, and more,” said U.S. Senator Jerry Moran, a sponsor of the bill.

Learn More About Benefits for Veterans

Many benefits are available for veterans, although navigating the different benefit systems can be confusing. Your elder law attorney can guide you through available options and ensure you receive the benefits to which you are entitled.

More and more companies are jettisoning traditional pensions in favor of Individual Retirement Accounts (IRAs), 401(k)s, and other profit-sharing arrangements. Most of these plans allow an employee to shelter their retirement savings, tax-free, until retirement.

When an employee withdraws funds from their IRA or 401(k), the amount withdrawn is considered taxable income. Because of this favorable tax treatment, the government does not want people to remove the funds from a retirement account until they reach retirement age. So, it imposes an additional 10 percent tax on any funds taken out of an IRA or 401(k) before the owner of the account is 59 1/2 years old.

The early withdrawal penalty has been effective at forcing retirement plan owners to keep money in their retirement accounts. However, it could be unnecessarily punitive if an employee suddenly becomes disabled and needs to access the funds in their retirement account to pay for medical expenses or for the daily cost of living. The IRS has taken this problem into account and offers individuals with disabilities, or people who incur sudden medical expenses, a break.

If a retirement account owner becomes disabled, the IRS will waive the 10 percent early withdrawal penalty so long as the account owner can show that they are unable to perform any substantial gainful activity and that the condition causing the disability is expected to result in death or last for a long time.

These requirements mirror some of the major requirements for a person to qualify for Social Security Disability Insurance (SSDI). If the account owner meets this stringent medical requirement, they can take the funds out of their retirement account and avoid the 10 percent penalty. However, they will still have to declare the withdrawal as income on their yearly tax return.

Other Exceptions

If someone does not meet the disability requirement, there are still several other exceptions to the early withdrawal penalty that may be useful for a person with a disability, even if their condition does not rise to a level where it completely prevents them from performing substantial gainful activity.

If someone is unemployed and needs to take money out of a retirement plan to pay privately for health insurance premiums (often important for people with disabilities or for the parents of children with disabilities), the IRS will waive the early withdrawal penalty. Likewise, if an account owner has significant unreimbursed medical expenses that are more than 7.5 percent of their gross income, then the retirement funds can be utilized, penalty-free, to pay for those bills.

While the disability, health insurance, and medical expense exceptions to the early withdrawal penalty are probably the most pertinent for people with disabilities, there are several other exceptions, like an exception for qualified higher education expenses or for victims of domestic abuse, that may also meet one's needs.

If you are looking to withdraw money from your retirement account but are worried about the penalties associated with an early withdrawal, talk to a local special needs planner to see if you fit one of the exceptions. You may be able to do more with your retirement funds than you think.

A Note for Recipients of Supplemental Security Income (SSI)

Keep in mind that withdrawing funds from an IRA or other qualified plan can have significant implications for someone receiving Supplemental Security Income (SSI) benefits. SSI is a needs-based program designed to provide financial assistance to individuals with limited income and resources. When an individual withdraws money from their IRA, that amount is considered income for the month in which it is received.

This increase in income can push the recipient's total earnings above the SSI income limit, which is set by the Social Security Administration. If their income exceeds this threshold, they may experience a reduction in their SSI benefits or, in some cases, lose eligibility altogether. This can create a precarious financial situation, as the individual may have relied on those benefits for essential living expenses such as housing, food, and medical care.

Additionally, SSI has strict resource limits. If the withdrawn funds are not spent within the month they are received, they may count as resources in the following month. The resource limit for SSI is generally $2,000 for individuals and $3,000 for couples. If the balance in their bank account exceeds these limits, they could face a suspension of their benefits until their resources fall back below the threshold.

It is crucial for individuals in this situation to carefully consider the potential consequences and explore alternative options for financial support before making a withdrawal. Consult with a local special needs planning attorney for guidance tailored to your specific circumstances.