This guide, created for attorneys who are planning for or serving the needs of persons no longer able to make decisions for themselves, assists in the crafting and implementation of plans for such instances.
There are nine Home and Community-Based Services Waivers (“HCBS”) in Illinois. This presentation provides information on each of the waiver programs, the services available through each program, how to access those services, the eligibility criteria for each program, and the potential planning opportunities for your clients.
When should you use a (d)(4)(A) first party special needs trust vs. a third party SNT vs. a pooled first party SNT vs. an ABLE Account? Understand the elements that must be included in a (d)(4)(A) first party trust, and learn best practices for the drafting process. SAMPLE FORMS PROVIDED.
What is special needs planning? What are the different types of special needs trusts and when should you use them? This course offers answers to those questions as well as an overview of important special needs planning issues like "spend-down" and the ABLE Act. You will also learn about the unique challenges of representing special needs clients and their families, including the impact of implicit biases and what is appropriate language to employ when working with special needs clients.
*SAMPLE FORMS PROVIDED* Learn about drafting third party special needs trusts (those which are funded with “other people’s” money, not the money of the beneficiary who has disabilities). How are these trusts are created? How is money transferred during the life of the donor or at the donor’s death? How do transfers impact the donor?
Lawyers, like others in the helping professions, are at risk for experiencing compassion fatigue. Lawyers who are regularly exposed to human-induced trauma, are called on to listen with empathy to clients’ stories, have high caseloads, and have a high capacity for empathy may be especially susceptible to experiencing compassion fatigue. Understand what compassion fatigue is, why lawyers are vulnerable to it, professional hazards that contribute to it, and how to become a more resilient attorney. Learn methods to enhance or deplete professionals from a systemic viewpoint as well as coping strategies to minimize compassion fatigue and increase your health and well being.
The Illinois Trust Code codifies the rules as to creditor’s rights to attach beneficial interests of settlors and beneficiaries. Learn these rules and pick up some drafting tips to protect beneficiaries.
Probate and Guardianship mediation is similar to civil mediation, but the emotions are often at an extreme. This session offers help in determining when mediation may be the best option for a family and insights on important considerations, including confidentiality issues, pre-mediation interviews, and selection of a mediator. Guidance is also offered on local court rules; motions; petitions to seek the appointment of a mediator; and the expectations of a mediator from the pre-mediation interview through the signing of a family settlement.
Explore the scope of a trustee’s role and compensation, including the foundational legal standards governing trustee compensation. In particular, examine the boundaries in enforcing compensation standards, state law variations, tips for drafting, and unique legal and practical issues that may arise in the course of a trust’s administration.