Trusts

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.

This handbook is the go-to resource for elder law attorneys, providing practical advice and tips on advocating for the needs and interests of elderly 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.

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? SAMPLE FORMS PROVIDED.

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.

Learn the rules codifying creditor's rights and pick up some drafting tips to protect beneficiaries. Originally presented as part of The NEW Illinois Trust Code: A Generation in the Making, available in its entirety as P1916-19U.

Get details about how the new Illinois Trust Code improves the Illinois decanting statute and what potential problems in the old statute it fixes. Originally presented as part of The NEW Illinois Trust Code: A Generation in the Making, available in its entirety as P1916-19U.

Explore the scope of a trustee’s role and compensation, including the foundational legal standards governing trustee compensation. Originally presented as part of the 62nd Annual Estate Planning Short Course, available in its entirety as P9004-19U.

Learn why a greater frequency of estate plans are including mandatory arbitration provisions that require fiduciaries and beneficiaries to submit all disputes to arbitration, as well as how to best handle those provisions. Originally presented as part of the 62nd Annual Estate Planning Short Course, available in its entirety as P9004-19U.

Get an overview of the modifications, with a focus on planning opportunities available to elder law practitioners and their clients under the new rules. Originally presented as part of the 15th Annual Elder Law Short Course, available in its entirety as P9007-19U.

Understand the basics of retirement benefits and appreciate the tax issues specific to planning with retirement assets in an elder law context. Originally presented as part of the 15th Annual Elder Law Short Course, available in its entirety as P9007-19U.