Guardianships

All 4 Special Needs Trust 2025 sessions:
- The Intersection of Special Needs Trusts and Guardianship Estates
- Public Benefits and Special Needs Trusts
- Common Problems and Solutions in Administering Special Needs Trusts
- Best Practices for Special Needs Trust Administration

Managing financial matters in guardianship cases requires attorneys to navigate complex budgeting, accounting, and compliance obligations. This session will explore key legal and fiduciary responsibilities related to guardianship finances, including court-approved budgets, annual accountings, record-keeping requirements, and best practices for managing client assets. Gain insights into common financial pitfalls, ethical considerations, and strategies for ensuring transparency and compliance with guardianship laws.
Originally presented as part of the Guardianships Institute 2025 Course.

Guardianship for minors presents unique legal and procedural challenges distinct from adult guardianship cases. This session will equip attorneys with essential knowledge on key issues, including the appointment process, parental rights considerations, financial management for minors, and transitioning out of guardianship upon reaching adulthood.
Originally presented as part of the Guardianships Institute 2025 Course.

As the use of non-bank case management agencies and corporate or non-family fiduciaries in guardianship continues to expand, attorneys must navigate complex legal and procedural challenges that they may not encounter regularly. This session will explore lesser-known aspects of working with public guardians, state guardians, banks, trust companies, and private case management agencies. We will discuss critical issues such as what happens to a power of attorney when the Office of the State Guardian or Public Guardian is appointed for only the person or estate, the cost disparities between different fiduciary options, and when guardians are willing to co-serve with individuals or financial institutions. Additionally, we will address common mistakes in petitioning for a public guardian, whether a public guardian can serve as a trustee, and key benefits and drawbacks of working with each type of fiduciary.
Originally presented as part of the Guardianships Institute 2025 Course.

Visitation rights, marriage decisions, and reproductive autonomy for individuals under guardianship or subject to a power of attorney present complex legal and ethical challenges. This session will provide attorneys with a deep dive into the Illinois Power of Attorney Act and guardianship laws as they relate to visitation disputes, restrictions, and third-party rights. Additionally, we will explore the legal implications of a ward’s right to marry and make reproductive decisions, including court involvement, capacity determinations, and potential challenges from interested parties..
Originally presented as part of the Guardianships Institute 2025 Course.

Drafting effective guardianship pleadings is essential for ensuring a smooth legal process and compliance with court requirements. This session will provide attorneys with a practical, step-by-step guide to preparing key guardianship documents, including petitions, reports, accountings, and proposed orders. Learn best practices for drafting clear, persuasive pleadings, avoiding common pitfalls, and addressing judicial expectations.
Originally presented as part of the Guardianships Institute 2025 Course.

Delve into the legal precedents, procedural challenges, and interstate nuances that impact guardianship transfers. This session will discuss actionable insights on case management and strategic approaches to effectively represent clients.
Originally presented as part of the Guardianships Institute 2025 Course.

Acting as a trustee of a Special Needs Trust is complex and governed by numerous state and federal regulations. Every trustee needs a step-by-step guide to understand their duties under the ITC, duties to disclose and report to SSA and Medicaid, duties to account to beneficiaries and public benefits agencies, how to budget, invest and manage distributions (including using a TrueLink Card), and how to utilize care planning and care managers to fulfill their fiduciary duties. You will walk away from this presentation with helpful tips and checklists you can immediately put into practice for the benefit of your clients.

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.

Tailored for attorneys dealing with the complexities of guardianship law, offers in-depth discussions on key topics such as guardianship transfers, drafting pleadings, visitation and marriage rights under Illinois law, and the role of non-bank fiduciaries.

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Everyone knows that Special Needs Trust protect assets from being counted for public benefits eligibility, but which public benefits are doing the counting and how are they counting? The eligibility rules for each program are different and can feel like an endless wormhole to practitioners. End the confusion and learn the basics of eligibility for Medicaid, Medicare, SSI, SSDI, HUD, Link, and PASS. Understanding the eligibility rules for these programs will enable you to advise your clients on whether a special needs trust is right for them or a loved one.

This comprehensive resource equips attorneys to confidently navigate sensitive legal responsibilities, from appointing guardians to managing end-of-life decisions.