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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
Kathryn C. Casey is a Partner at Dutton Casey & Mesoloras, PC, in Chicago, and concentrates her practice on elder law. Ms. Casey is a Certified Elder Law Attorney with the National Elder Law Foundation. She has been named a Top 10 Elder Law Attorney in Illinois and a Top Leading Women Lawyer by the Leading Lawyers Network. Ms. Casey received her B.A. from Virginia Tech, her M.A. from DePaul University, and her J.D. from DePaul University College of Law.
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Lorraine K. Cavataio
Lorraine K. Cavataio
Lorraine K. Cavataio is a Shareholder at Sandberg Phoenix & von Gontard P.C., in its O’Fallon office, where she focuses her practice on estate planning, trust and estate administration and litigation, and corporate work. Ms. Cavataio is a Fellow of the American College of Trust and Estate Counsel and Past Chair of the Illinois Institute for Continuing Legal Education, where she received the Insitute’s Addis Hull Award in 2018. She received her B.S. from the University of Kansas and her J.D. from Washington University in 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 a Life Care Manager and Life Care Planner at Lifecare Innovations/Lifecare Guardianship, an Arosa Company in Burr Ridge. Ms. Cline is a member of the National Association of Social Workers, the Illinois Guardianship Association, the Illinois State Chapter of the International Association of Rehabilitation Professionals, the Aging Life Care Assocation, and the American Society for Bioethics and Humanities. She received her MSW from Jane Addams College of Social Work at the University of Illinois at Chicago.
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Heidi E. Dodd
Heidi E. Dodd
Heidi E. Dodd is an Owner of Harter, Larson & Dodd in O’Fallon, where she practices in the areas of estate planning and elder law. Ms. Dodd was the recipient of the 2018 Legacy Celebration Award. She is a board member of the Illinois National Academy of Elder Law Attorneys and the Mascoutah Senior Center. She received her B.S. from Southern Illinois University Edwardsville, her M.A. from the University of Illinois Springfield, and her J.D. from the University of Tulsa College 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. 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 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 National Academy of Elder Law Attorneys and its Chicago Chapter. He is certified as an elder law attorney by the National Elder Law Foundation. Mr. Erde is Former Chair of the Chicago Bar Association Elder Law Committee and the Founder and Former Chair of the CBA’s Asset Protection Planning Committee. He received his B.S. 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 of Jacobson Consulting, in Burr Ridge, focuses on nurse life-care planning. Ms. Jacobson founded and managed a care management practices the served the needs of the frail elderly, persons with disabilities, and persons affected with mental illness. She is certified by the Center for Guardianship as Master Guardian and has served as an expert witness in personal injury cases. She is also a certified Nurse Life Care Planner and a member of the American Association of Nurse Life Care Planning. Ms. Jacobson earned her B.S.N. and M.A. 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 with Dutton Casey & Mesoloras, P.C., in Chicago, where she focuses her practice in the area of elder law. Ms. Mesoloras is Past President of the Illinois Chapter of the National Academy of Elder Law Attorneys and Past Chair of the Elder Law Committee of the Chicago Bar Association. She received her B.A. with honors from DePaul University and her J.D. from DePaul University College of Law.
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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 an attorney at Generation Law, Ltd., in Elmhurst, where he concentrates on elder law. He is a past member of the IICLE® Board of Directors. He is a member of the Illinois State and DuPage County Bar Associations and of the National Academy of Elder Law Attorneys. Mr. Neiburger received his B.A. from the University of Illinois, passed the Illinois CPA exam, and received his J.D. from Chicago-Kent College of Law.
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Bhavik R. Patel
Bhavik R. Patel
Bhavik R. Patel is CEO and Shareholder with Sandberg Phoenix & von Gontard P.C., in St. Louis, where he concentrates his practice on wealth, tax, special-needs planning and administration, and business and corporate planning. Mr. Patel is a board member of the St. Louis Arc, the Starkloff Disability Institute, and the St. Louis Zoo. 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 President of Lifecare Innovations, an Arosa Company, and Lifecare Guardianship, in Burr Ridge. Ms. Sherman is a National Master Guardian and a certified case manager. She is member of the Advisory Counsel for Age Guide (Northeastern Illinois Area Agency on Aging), the National Guardianship Association, and the Aging Life Care Association. Ms. Sherman received her both B.A. 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 Of Counsel for Spain, Spain & Varnet P.C. in Chicago, and Of Counsel for Fletcher Tilton PC, Worcester, Massachusetts, and concentrates her practice in the areas of probate, guardianship, and special-needs planning. She is a member of the National Academy of Elder Law Attorneys and Cochair of its Special Needs Law Section. She is also a member of the Academy of Special Needs Planners. She received her B.A. from the University of Massachusetts, her MSW from the University of Connecticut, and her J.D. from DePaul University.
Special-Needs Trusts (ARCHIVED 2013 EDITION)
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