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Amanda E. Tarzwell

Tarzwell & Trubiano Law, LLC

Amanda E. Tarzwell

Tarzwell & Trubiano Law, LLC

Amanda E. Tarzwell

Tarzwell & Trubiano Law, LLC

Amanda focuses her practice on estate planning, special needs planning, guardianships and trust & estate administration. She also advises trustees of special needs trusts on legal and practical aspects of trust administration.  She enjoys working closely with clients to build a relationship of trust and address their concerns for the future.  As the sister of a young woman with intellectual disabilities Amanda is especially sensitive to the needs and concerns of clients pursuing special needs planning.  In addition to meeting clients in the office she regularly represents clients before various probate courts throughout Rhode Island. She is a 2021 and 2022 honoree of Rhode Island Monthly’s Professional Excellence in Law Award for Wills, Trusts & Estates.

Amanda is a current member of the Rhode Island Probate and Trust Committee, Estate Planning Council of Rhode Island and the Academy of Special Needs Planners. She is a past member of the Rhode Island Foundation Professional Advisory Council. In addition to her professional affiliations Amanda gives presentations across the state to groups on topics ranging from a broad overview of estate planning to special needs planning for families who have a child with a disability.   Amanda is admitted to practice in both state and federal courts in Rhode Island and Massachusetts.

 

Amanda received her B.A. magna cum laude from Goucher College and graduated magna cum laude from the New England School of Law in 2009.  While in law school she served as an Editor of the New England Law Review.  During her third year, Amanda spent a semester as a law clerk for the International Criminal Court in The Hague, Netherlands for the Honorable Judge Ekaterina Trendafilova.  Amanda also had the privilege of serving as a summer clerk at the Massachusetts Supreme Judicial Court for the Honorable Justice Robert Cordy.

Presentations

Navigating Tax Challenges of ABLE Accounts and Special Needs Trusts, Co-Presenter, Strafford Webinar, September 2021

ABLE Accounts & Special Needs Trusts: What Estate Planners and Plaintiffs’ Attorneys Need to Know, Co-Presenter, Rhode Island Bar Association Annual Meeting, June 2020

Publications

Planning for Incapacity – Special Needs and Guardianship in “A Practical Guide to Estate Planning in Rhode Island 1st Edition Supplement,”  Co-Author, Massachusetts Continuing Legal Education, Inc., 2017

ABLE Accounts: A New Tool for Clients Receiving Means-Tested Benefits, Co-Author in Rhode Island Bar Journal, September/October 2017.

 

 

Firm Description

Tarzwell & Trubiano Law, LLC is a small, family-run practice concentrating in the areas of estate planning with a particular emphasis on families with children with special needs. Having a family member with special needs, we are acutely familiar with the challenges associated in this area.

Hours

Day From To
Monday 9:00 AM 5:00 PM
Tuesday 9:00 AM 5:00 PM
Wednesday 9:00 AM 5:00 PM
Thursday 9:00 AM 5:00 PM
Friday 9:00 AM 5:00 PM

Cost

What Is an Elder Law Attorney?

Main Office

490 Woodruff Avenue
South Kingstown, RI 02879

On the web

View Firm Website


Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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