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DOJ Launches Investigation into Illinois Department of Human Services Division of Developmental Disabilities; Administration for Community Living to Close

DOJ Launches Investigation into Illinois Department of Human Services Division of Developmental Disabilities; Administration for Community Living to Close

The U.S. Department of Justice (DOJ) has advised the Illinois Department of Human Services (IDHS) Division of Developmental Disabilities by letter that it is launching an investigation into the agency’s treatment of people with developmental disabilities. Illinois has...

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Voting Rights and Adults with Special Needs

Voting Rights and Adults with Special Needs

Voting is one of the most fundamental rights that Americans enjoy. States largely determine voting rights, so individuals with special needs who can vote in one state may be unable to vote in another. Eligibility Requirements for Voting Many states have laws that...

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IEPs and Your Child with Special Needs

IEPs and Your Child with Special Needs

Although Rubin Law does not currently provide legal representation in special education matters, we recognize that many of our clients have children who have or will have individualized education plans (IEPs) at some point in the future. As a result, we are providing...

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Service Animals and Individuals with Disabilities

Service Animals and Individuals with Disabilities

Under the Americans with Disabilities Act (ADA), a “service animals” are dogs* with individual training to do work or perform tasks for a person with a disability. The ADA does not require that service animals be certified by a particular entity or wear identifying...

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Should I Leave My Estate to the Sibling of My Child with Special Needs? Should the Sibling Be Named as the Child’s Guardian When I Am No Longer Able to Serve as Guardian?

Should I Leave My Estate to the Sibling of My Child with Special Needs? Should the Sibling Be Named as the Child’s Guardian When I Am No Longer Able to Serve as Guardian?

When you have a child with special needs, your estate planning may look significantly different. Many parents traditionally leave their estate to their children in equal shares. Parents also routinely designate a guardian for their children if they pass away while the...

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Medicaid Estate Recovery: What Kinds of Accounts and Assets Will the Government Seek “Pay Back” From After My Loved One with Special Needs Passes Away?

Medicaid Estate Recovery: What Kinds of Accounts and Assets Will the Government Seek “Pay Back” From After My Loved One with Special Needs Passes Away?

Under current law, Illinois generally must pursue Medicaid estate recovery from the estates of Medicaid recipients. As a result, when the Medicaid beneficiary passes away, the state of Illinois typically will pursue the beneficiary's assets for repayment of the...

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What Is A Pooled Trust?

What Is A Pooled Trust?

Beneficiaries of government programs such as Supplemental Security Income (SSI) and Medicaid must have limited income to qualify for these benefits. They may lose these crucial benefits if they receive an inheritance, an accident settlement, or simply accumulate too...

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Guardianship for Individuals With Disabilities

Guardianship for Individuals With Disabilities

In Illinois, a parent is also considered the legal guardian of his or her child until the child turns 18. Guardians have the legal right to make important decisions for a child such as choosing medical care and handling financial situations. Professionals like school...

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The Work Without Worry Act Explained

The Work Without Worry Act Explained

On June 17, 2021, the United States Senate Committee on Finance passed a bipartisan bill called the Work Without Worry Act. The goal is to protect Americans with disabilities who receive Social Security benefits and also want to work. Under the Act, individuals with...

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IRAs and Third Party Special Needs Trusts

IRAs and Third Party Special Needs Trusts

There are many ways to provide for your family member with special needs after you are gone.  One of your largest assets may be a hard-earned retirement fund. Since most Individual Retirement Accounts (IRAs) are made up of pre-tax money, future taxable...

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How the SECURE Act Interacts With Special Needs Trusts

How the SECURE Act Interacts With Special Needs Trusts

At the end of  2019, the Setting Every Community Up for Retirement Enhancement Act, (the SECURE Act) was signed into law. The overall objective was to improve access to retirement accounts such as IRAs and 401(k)s to ensure older Americans don’t outlive their...

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What is an ABLE Account and How Does it Work?

Often family members and close friends of people with disabilities want to contribute financial resources to help pay for their expenses. It’s no surprise that individuals with disabilities incur significant additional costs, but they cannot directly accept financial...

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What is the PUNS System and Why Do You Need to Apply?

What is the PUNS System and Why Do You Need to Apply?

  Obtaining services and benefits for a family member with disabilities can be a complex and exhausting process. You can expect a long waiting list, inconvenient agency meetings, and many forms of paperwork. In Illinois, a person with developmental disabilities...

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Taking Over Care for an Older Relative with Special Needs

Taking Over Care for an Older Relative with Special Needs

When you first take over care for an older relative with special needs, you will have a steep learning curve. You will need to figure out everything from benefits to estate planning for your relative. Here are a few places to start. What Is Your Relative’s Benefits...

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How Is a Guardianship Different from a Power of Attorney?

How Is a Guardianship Different from a Power of Attorney?

When your child with special needs turns age 18, you may lose all ability to assist with healthcare and financial decisions if you do not take a few crucial steps. At 18, the government considers your child an adult and will prevent you from accessing medical...

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What Is the Ligas Consent Decree? Will It Help My Child?

What Is the Ligas Consent Decree? Will It Help My Child?

The Ligas Consent Degree is a legal agreement that could help your child with special needs receive community services, instead of institutional care. To best understand your child’s rights to certain services, it will be helpful to understand a little more about the...

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A Guardian’s Rights and Responsibilities in Illinois

A Guardian’s Rights and Responsibilities in Illinois

In Illinois, guardians for people with special needs have specific rights and responsibilities to meet. If you have become a guardian or are considering a guardianship for your adult child, take some time to learn about what a guardian must do. Guardian of the Person...

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Ending a Guardianship: How and When to Do It

Ending a Guardianship: How and When to Do It

When you are deciding whether to pursue guardianship for your adult child with special needs, you should learn about ending a guardianship. You may realize that since ending a guardianship is difficult, you might be better off waiting to seek one in the first place....

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What Is the Illinois PUNS List, and Why Is It Important?

What Is the Illinois PUNS List, and Why Is It Important?

Trying to get services for your child with developmental disabilities can be a struggle. You face long waiting lists, reams of paperwork, inconvenient appointment times, and more. In Illinois, you need to enroll your child on the PUNS List to get priority for...

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Health Insurance for Relatives with Special Needs

Health Insurance for Relatives with Special Needs

Families often struggle to pay for health care for their relatives with special needs. Insurance rarely covers all the costs, and the many doctors’ invoices and prescription co-pays may be overwhelming. Make sure you take advantage of all the health insurance programs...

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Will a Divorce Impact Our Special Needs Trust?

Will a Divorce Impact Our Special Needs Trust?

When you and your spouse start talking about divorce, you should consider the effects of splitting up on your child with special needs. Divorce will require changes to your future planning, including – potentially – available benefits and your child’s special needs...

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How to Gather Information to Include in a Letter of Intent

How to Gather Information to Include in a Letter of Intent

You read online or heard from your lawyer that you should write a “letter of intent” for your child with special needs. But you have no idea where to start. Your daily life is busy and sometimes chaotic, and sitting down to write a formal letter sounds overwhelming....

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Top 5 Reasons to Start Future Planning Today

Top 5 Reasons to Start Future Planning Today

If you are hesitant about starting your future planning now, here are five reasons not to delay. Even if you have just learned that your child has special needs, it is never too early to make a plan. There’s No Time Like the Present Right now, your family may feel...

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The Gift Tax and Special Needs Trusts

The Gift Tax and Special Needs Trusts

When you give money to a special needs trust, you may worry that you or the trust will owe the IRS money for the gift when Tax Day rolls around. Both assessing the gift tax and taxation of an SNT are very complicated topics that depend on the trust language and your...

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Is Long-Term Care Insurance Worth It?

Is Long-Term Care Insurance Worth It?

You may have heard about buying long-term care insurance.  This insurance helps cover the costs of a care facility outside the home or even nursing care inside of your home. There are a few pros and cons of long-term care insurance that you should consider before...

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Income Taxation of Special Needs Trusts, Part 2

Income Taxation of Special Needs Trusts, Part 2

In your future planning for your child with special needs, remember to consider income taxation of special needs trusts, including Qualified Disability Trusts (QDTs). If you set up a special needs trust (“SNT”) with another law firm, the attorneys may not have...

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Trusts: The Basics

Trusts: The Basics

People just beginning their future planning may hear many terms thrown around by their relatives and attorneys: trust, beneficiary, settlor, and more. For those unfamiliar with trusts, the many different words used to describe them can be quite confusing. This article...

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What Is a Guardian Ad Litem?

What Is a Guardian Ad Litem?

A guardian ad litem, or guardian “for the suit”, can be appointed by the court before a guardianship hearing to act in the guardianship proceeding. The court can appoint a guardian ad litem to report to the judge about the person with special needs’ best interests....

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When You Have No Estate Plan: Part 2

When You Have No Estate Plan: Part 2

Not having an estate plan could lead to serious consequences for your family in your absence. Future planning not only helps you move forward if you have a serious illness or if you are in need of money in the future, but also helps your family carry on without you....

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When You Have No Estate Plan: Part 1

When You Have No Estate Plan: Part 1

When you have no estate plan, life changes could lead to personal and financial disaster. Future planning is all about planning now to save time, trouble, stress, and money in the future. If you are on the fence about creating an estate plan, learning about the worst...

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Picking the Right Professionals for Your Trust

Picking the Right Professionals for Your Trust

Trustees of special needs trusts often need to pick professionals to assist with trust management and oversight. With so many licensed professionals to choose from, how does a careful trustee find the “right” professionals? Consider a few basic guidelines. How do you...

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Trustee Fiduciary Duties, Part 2

Trustee Fiduciary Duties, Part 2

Trustees have fiduciary duties to beneficiaries of trusts that they oversee. The duty to account and the duty to invest and manage trust assets prudently are two very important fiduciary duties that are difficult for many family member trustees to manage on their own...

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Going to Court for the Guardianship Hearing

Going to Court for the Guardianship Hearing

When you seek a guardianship for a person with special needs, you must follow many of the same formalities as in a court case. Obtaining a guardianship is a serious matter because it strips the person with special needs of the ordinary rights all other adults have....

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My Child was Selected from the PUNS List

My Child was Selected from the PUNS List

From the Arc of Illinois: So, You Received a Letter that Your Child was Selected from the PUNS List? If you receive a letter informing you that your child has been selected to apply for services, IMMEDIATELY contact your Independent Service Coordination Agency (ISC)....

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Trustee Fiduciary Duties, Part 1

Trustee Fiduciary Duties, Part 1

Trustees have fiduciary duties in administering trusts. These duties arise from state law, including statutes and court cases. Fiduciary duties help ensure that a trustee best manages assets for the benefit of the trust’s beneficiaries. The duty of care requires...

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The Legal Procedure for Seeking Guardianship

The Legal Procedure for Seeking Guardianship

The legal procedure for seeking guardianship of an adult with special needs in Illinois involves petitioning the court for an order appointing a guardian. Petitioners must follow court procedure exactly to receive the order. Either an “interested person” such as a...

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What Is the Difference Between Medicaid and Medicare?

What Is the Difference Between Medicaid and Medicare?

Despite their similar-sounding names, Medicaid and Medicare are very different programs. To understand how these programs could factor into your future planning for someone with special needs, learn about Medicaid and Medicare functions and eligibility requirements....

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What Is the Difference Between SSDI and SSI?

What Is the Difference Between SSDI and SSI?

Special needs future planning should include guidance in applying for and determining how to remain eligible for government benefits such as SSDI and SSI. If this is your first time learning about the various benefits that are available, you may be wondering what the...

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Tax Benefits of a Qualified Disability Trust

Tax Benefits of a Qualified Disability Trust

The IRS classifies some special needs trusts as Qualified Disability Trusts, and these trusts have certain tax benefits. QDTs may claim a personal exemption on their federal income tax returns. Please note, as part of the Tax Cuts and Jobs Act of 2017 the personal...

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Income Taxation of Special Needs Trusts, Part 1

Income Taxation of Special Needs Trusts, Part 1

In your future planning for your child with special needs, remember to consider income taxation of special needs trusts. If you set up a special needs trust (“SNT”) with another law firm, the attorneys may not have discussed how you should file taxes for that trust....

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Qualifying for Federal Subsidized Housing

Qualifying for Federal Subsidized Housing

Qualifying for federal subsidized housing can be an important step toward living independently for individuals with special needs. The federal government, through the Department of Housing and Urban Development (HUD), funds public housing for eligible people with...

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New Illinois PAC Aims to Help People with Special Needs

New Illinois PAC Aims to Help People with Special Needs

Inclusion PAC, a new political action committee, aims to help people with special needs in Illinois. Rubin Law is excited to highlight Inclusion PAC’s formation because it is the first PAC in Illinois and one of the first in the nation with the sole purpose of...

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Short-Term Guardian Declarations

Short-Term Guardian Declarations

A guardian of a person with special needs who will be unavailable for a short period of time should execute a short-term guardian declaration. The declaration has the effect of appointing a temporary guardian for the ward (the person with special needs) until the...

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Medical Directives: Which Ones Do You Need?

Medical Directives: Which Ones Do You Need?

Signing medical directives can be especially important for people with special needs and their family members because it may be more difficult for them to communicate their treatment wishes to doctors. The terms medical directive, power of attorney, and end-of-life...

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HIPAA and Adults with Special Needs

HIPAA and Adults with Special Needs

Families of adults with special needs should become familiar with how HIPAA affects medical privacy and decision-making. HIPAA is an acronym that stands for “Health Information Portability and Accountability Act”, a federal law that governs health information privacy...

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Different Definitions of “Special Needs” Under the Law

Different Definitions of “Special Needs” Under the Law

Different federal and state laws provide very different definitions of the terms “disability” or “special needs”. You may be surprised to learn that many individuals whom their families, doctors, or communities consider to have special needs are not protected by all...

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How Much Money Do You Need to Fund a Special Needs Trust?

How Much Money Do You Need to Fund a Special Needs Trust?

If you are thinking about forming a special needs trust, you may be wondering how much money you need to fund it. In truth, there is no way to know how much your child will need for the rest of their lifetime, nor what government benefit programs will even exist...

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What Is the Illinois Health Care Surrogate Act?

What Is the Illinois Health Care Surrogate Act?

For people with special needs and their families, the Illinois Health Care Surrogate Act provides much-needed peace of mind about making medical decisions if they have not yet started the future planning process. The Health Care Surrogate Act allows family members or...

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Expenditures from a Special Needs Trust

Expenditures from a Special Needs Trust

Families of individuals with special needs use special needs trusts to save for future expenses and protect eligibility for government benefits. Eventually, you or, in the case of 3rd party special needs trusts more likely the successor trustees, will need to use some...

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Your Non-Special Needs Children May Need Estate Plans Too

Your Non-Special Needs Children May Need Estate Plans Too

If you are working on your family’s estate plan to protect your child with special needs, be aware that your other children may need to do some future planning too. As described in a previous blog article on our website, leaving your estate to the sibling of a child...

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What Is a Letter of Intent?

What Is a Letter of Intent?

Advocates for people with special needs often talk about writing a “letter of intent” for your family member’s care. What exactly is a letter of intent? What should you include in your letter? Here are a few suggestions. Every letter of intent is different, so your...

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Estate Planning for Your Extended Family

Estate Planning for Your Extended Family

When estate planning for your family’s future, don’t forget that extended family members may need to change their plans too if they want to help your child with special needs. This article described some common situations that arise when well-meaning relatives want to...

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Post-22 Programs Available in Illinois

Post-22 Programs Available in Illinois

Individuals with special needs living in Illinois qualify for a number of educational services and assistance until they turn age 22. As families of individuals with special needs know, these needs do not stop at age 22, but many may feel at a loss regarding which...

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Learn About Pooled Special Needs Trusts

Learn About Pooled Special Needs Trusts

Pooled special needs trusts differ greatly from individual special needs trusts and can be a great way to gain the benefits of an SNT while reducing some of the practical downsides. Both pooled and individual SNTs have the same goal – prevent assets from affecting...

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Types of Illinois Adult Guardianships

Types of Illinois Adult Guardianships

Illinois law permits several different types of adult guardianships. Guardianships protect people with special needs by allowing guardians to make financial, legal, and logistical decisions for them. Guardianships are supervised by the probate court, which appoints a...

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Pros and Cons of Using a Bank as a Trustee

Pros and Cons of Using a Bank as a Trustee

When forming a special needs trust for your child, you may wonder whether using a bank as a trustee or other professional individual or entity is a good idea. An “institutional trustee”, which is called a corporate trustee, refers to a bank or trust company that...

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What Is a Power of Attorney?

What Is a Power of Attorney?

A power of attorney ensures that someone will be there to make decisions for a person when he is no longer able to make them for himself. It is a legal document specifying that a certain person or persons can take certain actions for another person. Powers of attorney...

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Irrevocable Life Insurance Trusts: How They Work

Irrevocable Life Insurance Trusts: How They Work

Irrevocable life insurance trusts (“ILIT”) can be one part of future planning for individuals with special needs. Like other future planning methods, people planning to use an ILIT as part of their plan should learn about important provisions to include specific to...

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Our Personal Experience Drives Our Legal Practice

Our Personal Experience Drives Our Legal Practice

When our firm’s founder Brian Rubin began practicing special needs future planning, he drew on his personal experience. Brian’s son Mitchell has autism and other diagnosed special needs. He was born in 1981, and Brian has focused solely on helping Illinois families of...

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Alternatives to adult guardianship

Alternatives to adult guardianship

Families of a child with special needs must often consider adult guardianship. It’s defined as a legal proceeding in which someone, often a parent, sibling or other family member, asks the Illinois court to find that a person is unable to manage his or her affairs...

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How do I put money into my child’s special needs trust?

How do I put money into my child’s special needs trust?

A third party special needs trust is an important tool in long-term planning for a child with special needs. A special needs trust can help parents plan and maintain the child’s financial stability while ensuring his or her long-term eligibility for government...

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Special needs trusts and how to fund them

Special needs trusts and how to fund them

A special needs trust is likely the best way to plan for your child’s future. It can help pay for things not covered by government assistance, such as transportation, education, computer equipment and medical expenses that public benefits do not cover as well as...

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When parents of a child with special needs divorce

When parents of a child with special needs divorce

A number of studies suggest that the divorce rate is much higher among couples who have a child with special needs compared to those who do not. The personal and financial challenges that come with having a child with special needs can be too much for some couples’...

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What will happen to my child with special needs when I die?

What will happen to my child with special needs when I die?

Preparing for the future is so important — especially for parents of a child with special needs. Every parent of a child with special needs must consider the possibility that he or she may die or become incapacitated and unable to care for him or her. Brian Rubin, who...

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Mitchell Rubin

Mitchell Rubin

Brian Rubin’s son and Benjamin Rubin’s brother, Mitch, who has autism among other diagnosed special needs, lives in a group home in the northwest suburbs of Chicago. He works in the community with a job coach during the week. Mitch also works at Rubin Law on Mondays,...

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Letter To Siblings

Message from Brian Rubin, attorney, founder of Rubin Law & the father of a son with autism, among other special needs... To the brothers and sisters of children and adults with special needs... We, your parents, fear that no one will step forward and be...

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Heart to Heart Family Educational Group Presentations

TO FELLOW FAMILIES OF CHILDREN & ADULTS WITH SPECIAL NEEDS, When you have a child with special needs, planning for that child’s future can be an overwhelming task. Where do you begin? Who has the answers? How do you find an attorney who understands the financial,...

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The Special Needs Alliance

SNA is the national, not for profit, membership by invitation, organization of attorneys, dedicated to the practice of special needs estate and future planning, disability law and public benefits law. Individuals with disabilities, their families, and their advisors...

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Guidance & Information Article

THIS ARTICLE BY BRIAN N. RUBIN WAS PUBLISHED IN THE EXCEPTIONAL PARENT MAGAZINE © FEBRUARY 2011  THE GUIDANCE AND INFORMATION DOCUMENT FOR FUTURE CARE PROVIDERS AND TRUSTEES Why do it, when to do it, what it should include… Brian Rubin is an Illinois attorney and the...

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Military Pensions Article

MILITARY PENSIONS & SPECIAL NEEDS TRUSTS BACKGROUND:  Many military families with disabled children face a dilemma about whether or not to choose the Survivor Benefit Plan (SBP) retirement option.  SBP will pay up to 55% (with annual inflation adjustments) of the...

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Section 8 Housing Article

Section 8 Housing & Special Needs Trusts Introduction: The federal government subsidizes housing for individuals with disabilities. The subsidies come in the form of below market-rent units in public and private housing developments and vouchers for use in the...

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What Is A Qualified Disability Trust Article

WHAT IS A QUALIFIED DISABILITY TRUST? Trusts are not allowed the deduction for personal and dependency exemptions under § 151 of the Internal Revenue Code.  Instead, a trust that under its governing instruments is required to distribute all of its income currently, is...

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The Pickle Rule Article

The Pickle Rule The Pickle Rule is named after former U.S. Representative James ("Jake") Pickle. In 1976, Pickle objected to an annual Cost of Living Allowance ("COLA") for Social Security benefits because that small increase in income would cost some people their...

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Sibling Perspectives on Special Needs

By Benjamin A. Rubin, Esq. When a family member has special needs, siblings grow up fast.  Parents sometimes speak of how life changed for them when they began caring for a child with disabilities, but for me, and for many siblings, the special needs household is our...

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MetLife Letter of Intent Article

GUIDANCE AND INFORMATION FOR FUTURE CARE PROVIDERS AND TRUSTEES What parent's often forget . . . By Brian Neal Rubin J.D. Attorney & Fellow Parent As parents of children with special needs, we possess a vast amount of information about our child that no one else...

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