Special Needs & Disability

Live webcast on 10/01/2025 at Noon
Administering Special Needs Trusts can be particularly problematic because it involves caring for beneficiaries with special needs and the risk of losing critical benefits. This program will cover the common problems attorneys encounter in administering special needs trust including finding a good trustee, managing the beneficiary’s expectations, handling distributions, handling a failed trust, and dealing with creditors. This program will also cover common solutions including decanting, trust termination, NJSAs, guardianships, changing trustees, as well as using pooled trusts, corporate trustees, trust protectors, care managers, and considering ABLE accounts as an alternative. Understanding the problems and solutions in administering special needs trusts will enable you to better advise your clients on creating a special needs trust in addition to solving problems after they arise.

Guardianship estates involving special needs trusts have special issues. Learn how to establish 1st part SNTS in both adult and minor guardianships, how to handle a ward’s beneficial interest in a 3rd party SNT, obtaining court approval for PI settlements payable to an SNT, handling the payment of annuity income to an SNT, managing distributions for minor and adult wards, and the notice and accounting issues particular to both probate and special needs trusts.

This presentation focuses on the increasing use of Directed Trusts in Special Needs Planning, and discusses the Uniform Directed Trusts Act.

The Housing Opportunity Through Modernization Act of 2016 (HOTMA) has important implications for special needs trusts, which are explored thoroughly in this presentation. Originally presented as part of the 7th Annual Special Needs Institute.

Decanting, merging, and terminating special needs trusts involve many important considerations to ensure that the process avoids any adverse impact on the trusts and your clients. Originally presented as part of the 7th Annual Special Needs Institute.

Tax frameworks for special needs trusts are constantly changing. Stay on top of the new changes in the SECURE Act, qualified disability trusts, and tax filings generally. Originally presented as part of the 7th Annual Special Needs Institute.

The administration of special needs trusts requires thorough evaluation of those involved in their upkeep, including trustees, designated representatives, trust protectors, and more. Originally presented as part of the 7th Annual Special Needs Institute.

A thorough knowledge of 1st party trust drafting essentials ensures that your clients establish the support their special needs family members require. Originally presented as part of the 7th Annual Special Needs Institute.

A thorough knowledge of 3rd party trust drafting essentials ensures that your clients establish the support their special needs family members require. Originally presented as part of the 7th Annual Special Needs Institute.

Get up to date on new cases and Illinois legislation in 2023 that impact every attorney's special needs matters. Originally presented as part of the 7th Annual Special Needs Institute.

An overview of the benefits and program-including waiver programs-that our clients may lose or not be deemed eligible if correct planning is not in place. Originally presented as part of the 7th Annual Special Needs Institute.

Special needs planning is not just a third party and/or a first party special needs trust. It is not just estate planning, not just guardianship and alternatives to guardianship. In this session, you will also learn how to effectively prepare for and conduct the initial consultation, including 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, Letters of Intent, etc. Originally presented as part of the 7th Annual Special Needs Institute.