Special Needs & Disability

For older adults and persons with disabilities, the reliance on governmental benefits may be the difference between remaining in the community with some level of autonomy vs. homelessness or institutionalization. This session will address the various public benefit programs that may be available to persons with disabilities and seniors residing in the community including AABD, SNAP, subsidized housing and other needs-based programs. In addition, we will consider the impact of special needs trusts on the eligibility for the various programs.

An overview of first-party and third-party special needs trusts, drafting tips and techniques and how to decant to a special needs trust.

Review legal and practical implications of acting as the Guardian ad Litem and as Respondent’s counsel including various legal obligations and ethical duties from the perspectives of a practitioner and retired Judge.

Learn about the interplay between trust agreements, powers of attorney, and guardianship, including about a guardian’s duties relative to a ward’s trust, reasons to establish a trust within a guardianship estate and how to do so in light of Howell and Rivera, the impact of the new Illinois Trust Code on a ward’s trust, and whether powers of attorney can be maintained alongside a guardianship estate and when and how they should be revoked.

An overview of wrongful death and survival actions from the inception of a personal injury case through trial and/or settlement and ultimately the opening of a probate estate (when needed). This segment will also address how such causes of action and corresponding outcomes impact minors and individuals with disabilities.

Discuss the role of Adult Protective Services agencies when investigating abuse cases that may lead to guardianships. In addition, the presentation discusses the referral process and the role of both the Office of the State Guardian and Office of the Public Guardian of Cook County.

Understand the various Medicaid planning tools available to guardians in administering a ward’s estate.

Most guardianships involve the appointment of a plenary guardian of the person, estate or both. However, there are various situations where the appointment of a limited guardian of the person, estate or both is most appropriate for the alleged person with a disability. In addition, some of the most highly contested guardianship cases involve an individual who presents well and exercises his or her right to contest the adjudication of disability, leaving an opportunity for the parties to resolve the case with a limited guardianship in order to avoid an expensive, and often personal, guardianship trial. Through various case hypotheticals, this presentation explores situations in which limited guardianship is appropriate and how practitioners can better tailor the powers and duties of limited guardians to the circumstances at hand.

Dynamic speakers and experienced practitioners examine crucial issues in special needs law.
The 5th Annual Special Needs Institute will assist attorneys representing individuals with special needs and their families by providing essential information about the ABLE Act and practice tips on topics such as special needs trusts, government benefit and waiver programs, and guardianships.

Learn basic concepts of special needs planning including the following: Differences between first party and third-party special needs trusts, when special needs planning is appropriate, practical drafting tips, potential pitfalls, and how to handle unexpected inheritances. There is also a brief overview of Social Security’s Program Operations Manual System (POMS).

The 2021 IICLE® virtual Guardianships Institute is your opportunity to learn about the latest developments in Illinois guardianship law. Other topics include: practical tips for working with Adult Protective Services Agencies, limited guardianships, Medicaid planning tools, and much more!

Registration includes post-event access to the online on-demand recording.

Practical resource covering employee and student aspects of school administration.