The 2020 IICLE® Special Needs Institute offers direct instruction from seasoned special needs law practitioners, practical takeaways, and special insights from government officials regarding how they review special needs trusts.
When should you use a (d)(4)(A) first party special needs trust vs. a third party SNT vs. a pooled first party SNT vs. an ABLE Account? Understand the elements that must be included in a (d)(4)(A) first party trust, and learn best practices for the drafting process. SAMPLE FORMS PROVIDED.
What is special needs planning? What are the different types of special needs trusts and when should you use them? This course offers answers to those questions as well as an overview of important special needs planning issues like "spend-down" and the ABLE Act. You will also learn about the unique challenges of representing special needs clients and their families, including the impact of implicit biases and what is appropriate language to employ when working with special needs clients.
*SAMPLE FORMS PROVIDED* Learn about drafting third party special needs trusts (those which are funded with “other people’s” money, not the money of the beneficiary who has disabilities). How are these trusts are created? How is money transferred during the life of the donor or at the donor’s death? How do transfers impact the donor?
Learn about the basics of SSI, SSDI, Medicare, Medicaid, and waiver programs, and how to best protect your clients’ benefits, during this interactive session. What questions do you need to ask at intake to determine who can qualify for benefits? Who qualifies and what is the application process like for medical/ physical disabilities? Intellectual/ developmental disabilities? Mental illness? What happens if SSI/SSDI applications are denied? How do you apply for AABD (traditional Medicaid)? ACA (Obama Care Medicaid)? HBWD (Medicaid Buy In)?
Under what circumstances is a guardianship advisable? Can a power of attorney be used as an alternative and, if so, under what circumstances? If a guardianship is advisable, is a full (plenary) guardianship necessary, or will a limited guardianship suffice?
Special needs planning is not just a third-party or a first-party special needs trust. It is not just estate planning. In this session, learn basics of drafting and get suggestions for helpful additional provisions to include in special needs trusts. Understand how to effectively prepare for and conduct the initial consultation. We will also discuss topics you should cover, in addition to estate planning, such as the who, what, why, where and how of accessing the Illinois “maze” of services for individuals with special needs.
One of the most consequential decisions (and often the last one) in estate planning is trustee selection. The trustee who seems like the most ideal choice at first glance may not necessarily have the diversity of subject matter expertise and oversight to allow for continuous, efficient, and robust administration. Learn about important considerations for trustee selection, the pros and cons of including a professional fiduciary in your estate plan, and how to counsel clients to make informed choices when crafting an estate plan and choosing a trustee.