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Chapter 1 — Initial Client Meeting and Needs Assessment
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Chapter 2 — Day Program and Residential Placement Options and Related Funding Issues
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Chapter 3 — Home Design and Adaptations for Use by a Person with Special Needs
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Chapter 4 — Drafting Self-Settled OBRA Trusts
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Chapter 5 — Drafting Third-Party Special-Needs Trusts
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Chapter 6 — Social Security and Medicare: An Overview
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Chapter 7 — Medicaid Issues
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Chapter 8 — Tax Issues Relating to Special-Needs Trusts
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Chapter 9 — Disability Provisions in General (Non-SNT) Living Trusts
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Chapter 10 — Special Powers in POAs Relating to Special-Needs Issues
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Chapter 11 — Planning for Beneficiaries Who May Become Disabled
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Chapter 12 — POAs and Trusts as Alternatives to Guardianship
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Chapter 13 — Guardianship
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Chapter 14 — Protection of the Caregiver
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Chapter 15 — Caregiver Succession Planning
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Chapter 16 — Special-Needs Issues in Personal-Injury and Wrongful-Death Awards or Settlements
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Chapter 17 — Trust Management
- List of Forms
- Index
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Kathryn C. Casey
Kathryn C. Casey
No bio available.
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Lorraine K. Cavataio
Lorraine K. Cavataio
Lorraine K. Cavataio is an Equity Shareholder at Sandberg Phoenix & von Gontard P.C., in its O’Fallon office, where she focuses her practice on business law, estate planning, probate and trust litigation, and real estate. She has more than 15 years’ experience in representing a wide range of clients in matters involving mergers and acquisitions, tax objections, commercial and residential leasing, trusts and wills, estate and trust administration, and tortious interference. She is a certified public accountant (CPA) and has effectively resolved numerous estate tax issues over the years. Her proficient knowledge of the court systems throughout the Illinois and Missouri state courts and the United States Seventh Circuit Court of Appeals has also been beneficial in providing superior legal counsel to her clients. Her experience in the estate planning practice has made her a well-respected informational lecturer, and she has been invited to various seminars on numerous occasions to speak on several different topics pertaining to estate planning. She is a Fellow of the American College of Trust and Estate Counsel and lectures for IICLE®, the Illinois State Bar Association, State Retirement Systems, and various professional and civic organizations. She served as Secretary on the Board of Directors of IICLE®, as well as the Chair of its Strategic Planning Committee. Other professional memberships include the American Institute of Certified Public Accountants, the Illinois CPA Society (ICPAS), and the American and Missouri Bar Associations. She also serves in the Probate Section of the Illinois State Bar Association. Locally, she is a member of the St. Clair County Bar Association, where she served as the organization’s secretary in 2003 and was previously a board member. She is also a founding director and president of the St. Clair County Bar Foundation. She serves or has served as either an officer or director of numerous civic and charitable organizations, such as St. Clair County (West) Rotary Club District 6510, St. Clair County (West) Rotary Foundation, Greater Belleville Chamber of Commerce, Meredith Memorial Home, March of Dimes, and Girl Scouts of Southern Illinois, to name a few. She received her B.S. from the University of Kansas and her J.D. from Washington University, St. Louis.
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Darcy J. Chamberlin
Darcy J. Chamberlin
Darcy J. Chamberlin is Principal at Chamberlin Law Group in Oak Brook, where she concentrates her practice on estate planning, probate, and trust administration. Ms. Chamberlin is a member of the American College of Trust and Estate Counsel, Special Needs Alliance, and National Academy of Elder Law Attorneys. She earned both her J.D. and B.A. from Indiana University.
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Patricia Cline
Patricia Cline
Patricia Cline is an Expert Life Care Manager for Lifecare Innovations in Burr Ridge, with extensive professional experience in home care, medical and rehabilitation hospitals, state facilities, and private settings. She is an Illinois Licensed Clinical Social Worker, a Certified Life Care Planner, and a National Certified Guardian. She is a member of the National Association of Social Workers and the International Association of Rehabilitation Professionals, Life Care Planning Section. Ms. Cline received her B.A. from DePaul University and her M.S.W. from the University of Illinois Chicago Jane Addams College of Social Work.
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Heidi E. Dodd
Heidi E. Dodd
Heidi E. Dodd is a partner with Harter, Larson & Dodd in Belleville, where she practices in the areas of estate planning and elder law. Ms. Dodd is a board member of the Southwestern Illinois Visiting Nurse Association, Veterans’ Legal Aid Society, and Our Lady of the Snows Retirement Community. She was named National Academy of Elder Law Attorneys Chapter Member of the Year in 2014 and is cochair of its legislative committee (2013 – 2016). Ms. Dodd is also a member of the Illinois State Bar Association and the Department of Veterans Affairs. She received her J.D. from the University of Tulsa School of Law.
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Janna S. Dutton
Janna S. Dutton
Janna S. Dutton is a Principal at Dutton & Casey, P.C., in Chicago, where she concentrates in estate planning, probate, and elder law issues, including guardianship and financial exploitation matters, trusts and estate planning, Medicaid planning and applications, and probate and estate administration. She is certified by the National Elder Law Foundation as an elder law attorney and has held this certification since 1995. Prior to opening her private practice in 1989, Ms. Dutton was the Project Director of Senior Citizens Legal Services with the Cook County Legal Assistance Foundation. She is a frequent lecturer for IICLE®, the Chicago Bar Association, and various professional and community groups, and she has authored numerous articles and publications. Ms. Dutton is a member of the National Academy of Elder Law Attorneys, Illinois Chapter; the Chicago Bar Association, Elder Law Committee, Trust Law Committee; and the Council of Advanced Practitioners (CAP) of the National Academy of Elder Law Attorneys. The CAP is an invitation-only membership for experienced Certified Elder Law Attorneys with an AV rating. Ms. Dutton completed her undergraduate education at Wheaton College and received her J.D. from DePaul University College of Law.
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Michael H. Erde
Michael H. Erde
Michael H. Erde is a Principal at Michael H. Erde, P.C., in Chicago, where he concentrates his practice on estate planning, elder law, and probate. Mr. Erde is a member of the Greater North Shore Estate Planning and Financial Planners Council, the National Academy of Elder Law Attorneys, and the Probate Committee of the Local Bar Association. He has been named an Illinois Super Lawyer for Elder Law, to the Council of Advanced Practitioners by NAELA, and a certified elder law attorney by CELA. Mr. Erde was also rated one of Chicago’s top lawyers for elder law by the Chicago Tribune. He reeived his B.S.B.A. from Washington University and his J.D. from the University of Illinois and has graduate credits in taxation from The John Marshall Law School.
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Shay Jacobson
Shay Jacobson
Shay Jacobson is Founder of Lifecare Innovations in Burr Ridge, where she is an Expert Care Manager focusing her practice on life care planning and case management. She is a Certified Nurse Life Care Planner, a Certified Legal Nurse Consultant, and a National Master Guardian. She is a member of the American Association of Nurse Life Care Planners, the American Association of Legal Nurse Consultants, and the National Guardianship Association. Ms. Jacobson, a Registered Nurse in Illinois, received her bachelor’s and master’s degrees in nursing from the University of Iowa.
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Kenneth Kugelberg
Kenneth Kugelberg
Kenneth Kugelberg had already enjoyed a successful career in public service prior to graduating from The John Marshall Law School. His career in public service began with the Clerk of the 18th Judicial Circuit Court and included the Naperville Police Department and the Office of the DuPage County State’s Attorney. At the Circuit Court Clerk’s Office, Mr. Kugelberg was a member of the management team and developed, implemented, and supervised a department overseeing office-wide compliance with statutes, court rules, and office policies. In this capacity, he authored reports on projects, gave presentations, and provided training to staff, management, and other agencies. After being sworn into Illinois State Bar, he started his own practice as a criminal defense attorney, but now focuses on estate planning, guardianships, and probate with Generation Law, Ltd.
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Nancy R. Larson
Nancy R. Larson
Nancy R. Larson is a Partner with Harter, Larson & Dodd in Belleville, where she concentrates her practice on estate planning and elder law. Ms. Larson is a member of the National Academy of Elder Law Attorneys, the Academy of Special Needs Planners/Elder Law Answers, and the Illinois State Bar Association. She received the SWIC Generation of Success award (2006) and the Alzheimer’s Association’s Person of the Year award (2006). She graduated from St. Louis University School of Law.
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Helen Mesoloras
Helen Mesoloras
Helen Mesoloras is a Partner at Dutton Casey & Mesoloras P.C. in Chicago, where she concentrates her practice in elder law, with a focus on long-term care planning, guardianships, probate and trust administration, and estate planning. She is a member of the National Academy of Elder Law Attorneys and served as President of the Illinois Chapter in 2017. She is also a member of the Illinois State Bar Association and the Chicago Bar Association, having served as Chair of the CBA Elder Law Committee. She received her B.A. with honors and her J.D. from DePaul University.
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D. Rebecca Mitchell
D. Rebecca Mitchell
D. Rebecca Mitchell is the Founder and Principal of the boutique law firm Office of D. Rebecca Mitchell in Chicago. She brings over 30 years of legal experience to her current concentration in assisting individuals and families to address the legal issues that accompany disability, including planning for access to and financing of services, programs, and long-term care, the establishment and administration of special-needs trusts, asset preservation, healthcare decisions, financial management, powers of attorney, guardianship, and the protection of vulnerable persons from exploitation and abuse. She has also accepted appointments as volunteer guardian ad litem in the Circuit Court of Cook County and has served as a volunteer mentor/advisor for staff and attorneys at the Center for Disability and Elder Law and for students and faculty at the Loyola University Elder Law Clinic. Ms. Mitchell has served the Illinois Chapter, National Academy of Elder Law Attorneys, for more than 15 years in various capacities, including president, treasurer, secretary, and board member. She also served two terms as chairperson of the Chicago Bar Association Elder Law Committee. She has been a member of the Multi-Disciplinary Advisory Team for the Elder Abuse program at Metropolitan Family Services for more than 14 years. She has spoken before a variety of professional and community groups on topics including guardianship, special-needs trusts, disability and nursing home planning, powers of attorney, and elder abuse and has coauthored articles for the Illinois Bar Journal and Exceptional Parent magazine. Prior to entering private law practice, Ms. Mitchell managed a legal services program serving senior citizens throughout the City of Chicago, served as Chief Counsel to the Illinois Office of State Guardian and General Counsel to the Illinois Guardianship and Advocacy Commission, and worked as an advocate for individuals with disabilities and as a child protection caseworker. She earned her J.D. degree from the State University of New York College of Law at Buffalo, graduated magna cum laude from Syracuse University, and attended Colegio La Paz in Aguascalientes, Mexico, as a Rotary International Exchange Student.
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Ben A. Neiburger
Ben A. Neiburger
Ben A. Neiburger is the Founder and Lead Attorney of Generation Law, Ltd., in Elmhurst, where he concentrates his practice in elder law, estate planning, and Medicaid planning (including long-term care planning, special-needs trusts, and tax planning for families and their elders). He is also a certified public accountant, qualifying him to understand financial issues as they relate to the specific legal needs of the mature market. Mr. Neiburger is an active member of the National Academy of Elder Law Attorneys and was named one of Illinois’ Super Lawyers in 2007, 2009, 2010, and 2011. He is also a member of the DuPage County Bar Association and was admitted to the Bar of the United States Supreme Court. Mr. Neiburger serves as the Secretary of the Board of Directors for IICLE®. He has served as Chair of the Chicago Bar Association Employee Benefits Law Committee and as a member of the CBA Elder Law and Trusts and Estates Committees. He has spoken for IICLE®’s Estate Planning Short Course, Stetson University’s Special Needs Trust Conference, the National Business Institute, and the Illinois CPA Society’s 2005 Estate and Gift Tax Conference, among others. Mr. Neiburger received his B.S. from the University of Illinois and his J.D. from IIT Chicago-Kent College of Law, where he later was an adjunct professor.
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Bhavik R. Patel
Bhavik R. Patel
Bhavik R. Patel is a Shareholder with Sandberg Phoenix & von Gontard P.C. in Clayton, Missouri, where he is the Business Law Practice Group leader, Chair of the firm’s Wealth Planning Group and Special Needs Planning Group, and the Managing Member of the firm’s office. He helps families plan for the future of their dependents with special needs to achieve the best possible quality of life. He possesses in-depth knowledge of the laws pertaining to government benefit eligibility and advises his clients on the use of special-needs trusts and guardianships and conservatorships. He has presented on a plethora of special-needs topics for St. Louis Arc, Life Skills, the Albert Pujols Foundation, Edwardsville Special School District, St. Luke’s, the National Convention for Williams Syndrome, the Men’s Health Conference in Southern Illinois, and many more. He has prepared numerous stand-alone special-needs trusts, testamentary special-needs trusts, Medicaid payback trusts, and other discretionary trusts. He understands and plans for his client’s unique and customized goals to effectively implement an appropriate special-needs plan. Mr. Patel received his B.B.A. magna cum laude from Georgia State University, M.B.A. with high honors from the Illinois Institute of Technology-Stuart College of Business, LL.M. from Washington University School of Law, and J.D. with honors from the University of Arkansas-Little Rock School of Law, where he served as the Associate Managing Editor of the University of Arkansas-Little Rock Law Review.
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Steven C. Perlis
Steven C. Perlis
No bio available.
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Cary R. Rosenthal
Cary R. Rosenthal
Cary R. Rosenthal is Principal at Rosenthal & Associates P.C. in Chicago, where he concentrates his practice in estate planning, business succession planning, and taxation. He has practiced in the Chicago area since being admitted to the Illinois bar and the federal bar. He began his career litigating business matters, including contract claims, shareholder disputes, and fraud litigation, and later began representing clients before the Internal Revenue Service and the Illinois Department of Revenue. He concentrates on helping clients avoid the perils of lawsuits, income taxation, and transfer taxes by using forms of entities that maximize benefits and minimize potential problems; using a variety of vehicles to ensure that a family business, often a family’s largest asset, succeeds to the next generation; engaging in comprehensive tax planning; providing probate and guardianship representation; and, as a last resort, using bankruptcy and other insolvency vehicles. Mr. Rosenthal graduated from Washington University School of Law.
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Brian N. Rubin
Brian N. Rubin
Brian N. Rubin is a Principal at Rubin Law, A Professional Corporation, in Buffalo Grove, where he focuses his practice on special-needs planning. Mr. Rubin is the parent of three children, one of whom, Mitchell, has autism, and is dedicated to serving the legal and future planning needs of his fellow families of children and adults with intellectual disabilities, developmental disabilities, and/or mental illness. He has been elected as a Fellow of the American College of Trust and Estate Counsel and has received the Martindale-Hubbell AV® Preeminent™ Rating. Mr. Rubin is a Past President of The Arc of Illinois, has been a member of the Board of Directors of Clearbrook, is Past Chairman of the Board of Directors of the Special Leisure Services Foundation, served as the Founding Chairman of the Board of Trustees of the Foundation of the Special Education District of Lake County, served on the Board of Directors of KESHET (Jewish Parents of Children with Special Needs); served on the Board of Directors of Pact, Inc., served on the Board of Directors of Northpointe Resources, serves as Vice President and on the Board of Directors of the Special Needs Alliance, served on the Special Needs Law Section Steering Committee of the National Academy of Elder Law Attorneys, was a Charter Member of the Academy of Special Needs Planners, and has spoken and written for IICLE®. Mr. Rubin, among many other State of Illinois committees and commissions, has served as Chairman of the State of Illinois Statewide Advisory Council on Developmental Disabilities; Chairman of the State of Illinois Autism Task Force; a member of the State of Illinois Guardianship and Advocacy Commission; a member of the State of Illinois Department of Human Services Office of Inspector General Quality Care Board; a member of the State of Illinois Department of Human Services, Division of Developmental Disabilities Strategic Plan Team; a member of the State of Illinois Disabilities Services Advisory Committee; and a member of the State of Illinois, Department of Human Services, Division of Developmental Disabilities Quality Committee. He is a former IRS agent and a former IRS estate tax attorney. Mr. Rubin served by appointment on the American Bar Association’s Sub-Committee on Special Needs Trusts and Other Protective Vehicles; by appointment of the President of the Illinois State Bar Association on the ISBA’s Section Council on Estate Planning, Probate, and Trust Law; and, by appointment, on the ISBA’s Standing Committee on the mentally disabled. Mr. Rubin received his B.S. from the University of Illinois, Champaign-Urbana, and his J.D. from ITT Chicago-Kent College of Law.
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Lauren Sherman
Lauren Sherman
Lauren Sherman is the chief operating officer at Lifecare Innovations and Lifecare Guardianship in Burr Ridge. Ms. Sherman is a national master guardian, a licensed clinical social worker, and a certified case manager. She is a past board member of the National Guardianship Association and a member of the Aging Life Care Association and the Case Management Society of America. Ms. Sherman received her both BA and her MSW from the University of Illinois at Chicago.
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Linda M. Strohschein
Linda M. Strohschein
Linda M. Strohschein is the Principal of Strohschein Law Group, LLC, a boutique estate planning and elder law firm in St. Charles. She concentrates her practice on estate and long-term care planning, guardianship, estate and trust administration, and probate litigation. Ms. Strohschein is certified as an elder law attorney (CELA) by the National Elder Law Foundation. Although CELA is not required by the State of Illinois, this title is earned through a multifaceted process and the attorney must successfully pass a comprehensive certification exam to demonstrate an in-depth knowledge of elder law. She is a frequent speaker on a variety of estate planning and disability topics. Ms. Strohschein is a current member of the Kane County Bar Association. In addition, she is also a member of the National Academy of Elder Law Attorneys and serves as the Treasurer of the Executive Board for the Illinois chapter. Ms. Strohschein received her B.A. from George Mason University and her J.D. from The John Marshall Law School.
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Theresa Medeiros Varnet
Theresa Medeiros Varnet
Theresa Medeiros Varnet is a Partner (Of Counsel) of Spain, Spain & Varnet P.C. in Chicago, where she concentrates her practice in the areas of probate, special education, elder law, and disability law. She is Cochair of the National Academy of Elder Law Attorneys: Special Needs Law Section (2015 to present), a member of The Arc: Public Policy Committee (2014 to present), and a member of the Social Security Advocates: National Committee (2014 to present). Ms. Varnet has been recognized with the National Leadership Award, the PACT Award for Outstanding Community Service, and the Kentucky Colonel Award for Community Service. She is a member of the Massachusetts Bar Association, the National Academy of Elder Law Attorneys, and the Academy of Special Needs Planners. Ms. Varnet received her B.A. with highest distinction and M.A. from the University of Massachusetts, Dartmouth; her M.S.W. (L.C.S.W. in Massachusetts and Illinois) from the University of Connecticut Graduate School of Social Work; and her J.D. from DePaul University College of Law.
Special-Needs Trusts (ARCHIVED 2013 EDITION)
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