This handbook is a comprehensive guide designed to lead attorneys through the many issues involved in planning for individuals with special needs and in establishing special needs trusts. This resource offers clear and concise explanations of the legal and financial aspects of special needs trusts and takes the attorney through the process of working with special needs trusts with chapters detailing the initial client meeting and needs assessment through the trust management phase. A wide variety of trusts are discussed with individual chapters on self-settled OBRA trusts, third-party trusts, general living trusts, guardianships, and powers of attorney. Information is also provided for assisting individuals with disabilities such as day program and residential placement options and home designs. Complicated topics including social security, Medicare, Medicaid, and tax issues are discussed in detail. Numerous samples are also included such as a Will with Special Needs Trust Conversion Provisions, Designation of Guardian for Minor, Petition for Guardians’ Fees, Special Needs Letter of Intent, and Right To Amend or Revoke Trust.
Chapter 1 — Initial Client Meeting and Needs Assessment
Brian N. Rubin and Benjamin A. Rubin, Rubin Law, A Professional Corporation, Buffalo Grove
Chapter 2 — Day Program and Residential Placement Options and Related Funding Issues
Patricia Cline, Values Forward For Health, LLC, Elgin
Chapter 3 — Home Design and Adaptations for Use for a Person with Special Needs
Patricia Cline, Values Forward For Health, LLC, Elgin
Chapter 4 — Drafting Self-Settled OBRA Trusts
Kathryn Casey, Dutton Casey & Mesoloras PC, Chicago
Chapter 5 — Drafting Third-Party Special Needs Trusts
Bhavik R. Patel and Joshua Hutkins, Sandberg Phoenix & von Gontard P.C., St. Louis; Bryan J. Schrempf, Danna McKitrick, P.C., St. Louis
Chapter 6 — Social Security and Medicare: An Overview
Heather E. Voorn, Voorn, Jaworski & Preston, PLLC, New Lenox, and Roger S. Hutchison, Hutchison Disability Law, Tinley Park
Chapter 7 — Medicaid Issues
Helen Mesoloras, Dutton Casey & Mesoloras PC, Chicago
Chapter 8 — Tax Issues Relating to Special Needs Trusts
Benjamin A. Rubin, Rubin Law, A Professional Corporation, Buffalo Grove
Chapter 9 — Disability Provisions in General (Non-Special Needs Trusts) Living Trusts
Bryan J. Schrempf, Danna McKitrick, P.C., St. Louis
Chapter 10 — Special Powers in Powers of Attorney Relating to Special Needs Issues
Thorpe A. Facer and Theodore Facer, Facer Law Office,Urban
Chapter 11 — Planning for Beneficiaries Who May Become Disabled
Heidi E. Dodd, Dodd & Wambold, O’Fallon, and Heather E. Voorn, Voorn, Jaworski & Preston, PLLC, New Lenox
Chapter 12 — Powers of Attorney and Trusts as Alternative to Guardianship (15 pages)
Susan Reedy Williams and Nancy Williams, Williams & Kite, LLC, Lombard
Chapter 13 — Protection of the Caregiver (7 pages)
Heidi E. Dodd and Kelly Wambold, Dodd & Wambold, O’Fallon
Chapter 14 — Caregiver Succession Planning (7 pages)
Heidi E. Dodd and Kelly Wambold, Dodd & Wambold, O’Fallon
Chapter 15 — Special Needs Issues in Personal-Injury and Wrongful-Death Awards or Settlements
Daniel S. Kirschner, Corboy & Demetrio, Chicago
Chapter 16 — Trust Management
Nancy Spain, Sheri L. Willard, and Patricia A. Leichenko, Hahn Loeser & Parks LLP, Chicago
