Guardianships and Powers of Attorney: What Parents of Children with Special Needs Should Know

Power of attorney and guardianship are two types of legal tools that parents of children with special needs may wish to utilize when their children become legal adults. Parents of children with special needs typically are accustomed to handling their …
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HB 1337 Would Limit Waivers Signed by Parents of Children with Disabilities

Special education advocates from organizations such as Equip for Equality, Access Living, and Legal Council for Health Justice are pushing the Illinois General Assembly to pass House Bill (HB) 2337 to protect the educational rights of children with disabilities. Representative Laura Faver Dias introduced …
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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 over 1,600 individuals …
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The Exceptional Family Member Program: Assistance for Military Family Members with Disabilities

Military families who have a family member with special needs may be able to enroll them in the Exceptional Family Member Program (EFMP) , which provides support and management for their care and services. EFMP is a U.S. Department of Defense program available to members …
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Can I Make a Special Needs Trust the Beneficiary of My IRA? What About a Life Insurance Policy?

A special needs trust is a way for families to financially support their family members with special needs without endangering their eligibility for needs-based government benefits like Medicaid and SSI. Many families in this situation set up a special needs …
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Think Differently Database Act Now in Effect

President Joe Biden signed the Think Differently Database Act into law a few weeks before leaving office. The law aims to establish an online database to gather and publicize resources for people with disabilities, their families, and caregivers. The Secretary for the U.S. Department …
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Coalition of States Asks Court to Declare Section 504 of the Rehabilitation Act Unconstitutional

In 1974, the Rehabilitation Act of 1973 became law. Congress has passed various amendments to the Rehabilitation Act over the years, including the amendments contained within the Americans with Disabilities Act (ADA). One portion of the Rehabilitation Act particularly relevant …
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Congress Extends Autism CARES Act and Think Differently Database Act, but Funding Remains Uncertain

Former President Joe Biden signed a five-year extension of the Autism Collaboration, Accountability, Research, Education and Support Act (Autism CARES Act) in late December 2024. The move came just days after the Autism CARES Act expired. Autism CARES Act The Autism CARES Act, which originated in 2006, funds …
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Dignity in Pay Act Now in Effect for Workers with Disabilities

The Dignity in Pay Act became effective in Illinois on January 1, 2025. Under the Act, the Illinois Department of Human Services (IDHS), the Illinois Council on Developmental Disabilities (ICDD), and the Illinois Department of Labor must implement a five-year process to increase employment …
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National Council on Disability Issues Annual Progress Report

The National Council on Disability (NCD) has released its annual progress report for 2024. In this report, NCD summarizes developments in disability policy that have occurred over the last year. NCD also points out several areas of progress in the report and makes …
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When Does the Guardianship of an Adult with Special Needs End?

If you are thinking about getting guardianship of your adult child with special needs, consider whether and when you may want to terminate that guardianship in the future. Since ending the guardianship can be difficult, you should fully understand how …
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HB 0793 Increases Personal Needs Allowance, Heads to Governor for Signature

The Illinois legislature has passed HB 0793 and Gov. JB Pritzker has signed it into law. The bill amends various laws affecting human services and some persons with disabilities. Notably, HB 0793 amends the Medical Assistance Article of the Illinois Public Aid …
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IRS Increases ABLE Account Contributions for 2025

The Internal Revenue Service (IRS) has issued Notice 2024-40 , which adjusts various tax-related figures annually for inflation. These adjustments, which take effect on January 1, 2025, include the limits on contributions to ABLE accounts for 2025. The amount of money you …
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CMS Issues Guidance on Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment Requirements, Behavioral Health Coverage

The Centers for Medicare & Medicaid Services (CMS), a division of the U.S. Department of Health and Human Services (HHS), recently issued SHO #24-005 – Best Practices for Adhering to Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) Requirements . This guidance provides comprehensive guidance to support states to ensure that the 38 million children with Medicaid …
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The SECURE Act, SECURE 2.0, and the 2024 IRS Regulations: How this Legislation Affects Special Needs Trusts

The SECURE Act SECURE 2.0 and the 2024 Regulations How this Legislation Affects Special Needs Trusts

The SECURE Act, SECURE 2.0, and recently released regulations interpreting this legislation have significantly impacted retirement planning, especially as it relates to special needs trusts, which are designed for individuals with disabilities. The changes that these laws have made have …
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Bipartisan ENABLE Act Would Extend Expiring Provisions of the ABLE Program

U.S. Senators Bob Casey (D-PA) and Eric Schmitt (R-MO) introduced the Ensuring Nationwide Access to a Better Life Experience (ENABLE) Act earlier this year. As of September 20, 2024, the bill has unanimously passed the Senate. What to Know About The Enable Act The ENABLE Act aims to extend three …
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Housing Options for Adult Children with Special Needs

Many children with special needs remain in a parent’s home after they become adults, with their parents continuing to be their primary caregivers. However, as children get older, their need for independence may change, as well as their housing options. …
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Individual Rights for My Adult Child with Special Needs: Driving, Voting, Medical Decisions, and More

Working When an Adult with Special Needs Receives SSI or Social Security Disability Benefits

Individual rights that we generally take for granted as Americans may be limited or restricted in some ways when it comes to an adult child with special needs. Therefore, as children with special needs become adults, some of their rights …
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What is the Difference Between a Pooled Special Needs Trust and an Individual Special Needs Trust?

All special needs trusts aim to allow individuals with special needs to save money for future needs while still maintaining their eligibility for government benefits like SSI and Medicaid. However, significant differences exist between pooled special needs trusts and individual …
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HHS Issues Final Rule Strengthening Protections Against Disability Discrimination Under Section 504

The U.S. Department of Health and Human Services (HHS) has issued a final rule entitled “ Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance .” The rule’s purpose is to update, clarify, and strengthen the regulation that implements Section 504 of the Rehabilitation Act of 1973. Section 504 …
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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 this general legal …
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DOJ Issues Final Rule Updating ADA as to Accessibility of Web Content and Mobile Apps Provided State and Local Governments

The U.S. Department of Justice (DOJ), Civil Rights Division, published a final rule in the Federal Register on April 24, 2024, updating its Title II regulations for the Americans with Disabilities Act (ADA). The purpose of the rule is to establish certain …
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What Can I Use to Fund a Special Needs Trust for My Child?

A special needs trust is a common way for parents to prepare for the future care of a child with special needs. The child can use the proceeds from a special needs trust to pay for certain purchases and services …
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HUD Regulations Effective January 1, 2024, Exclude Special Needs Trusts Proceeds from Income for Purposes of Low-Income Housing

HUD Regulations Effective January 1 2024 Exclude Special Needs Trusts Proceeds from Income for the Purposes of Low Income Housing

The Housing Opportunity through Modernization Act (HOTMA) became law in January 2016. However, final regulations to implement certain sections of the law are now going into effect. The final rule to implement Sections 102, 103, and 104 of HOTMA took effect on …
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Power of Attorney or Guardianship: Which is Appropriate for My Adult Child with Special Needs?

Understanding the difference between a power of attorney and a guardianship is critical. When children with special needs approach age 18, parents must realize that they will soon become adults, at least as far as the law is concerned. Once …
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U.S. Department of Education Releases Guidance on Assistive Technology Devices and Services for Children with Disabilities Under IDEA

As the parent of a child with special needs, you know how important it is to advocate for your child’s education. The Individuals with Disabilities Education Act (IDEA) is an instrumental piece of legislation that helps protect the rights of …
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Senate Bill 188 Closes Loophole Permitting Parental Access to Children’s Healthcare Records

As the parent of a child with special needs, you must access your child’s healthcare records for various reasons. You may need access to medical records to manage your child’s medical needs or seek out new healthcare providers. You may …
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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?

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 …
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How Different Types of Insurance May Assist Your Child with Special Needs

How Different Types of Insurance May Assist Your Special Needs Child

As the parent of a child with special needs, you must plan not only for your financial future but also for that of your child. That plan may include the use of various forms of insurance. While you may plan …
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ABLE Account Contribution Limit to $18,000 Per Year in 2024

In 2014, Congress passed the Achieving a Better Life Experience (ABLE) Act , which authorizes individuals with special needs to establish ABLE accounts or special savings accounts. Before the ABLE account, these individuals often could only have significant savings by jeopardizing their eligibility for government benefits. The …
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Qualified Disability Trust Exemption Increases to $5,050 in 2024

A qualified disability trust (QDT) is a type of trust that qualifies for a specific federal tax exemption and is designed to benefit an individual with special needs. Most special needs trusts qualify as QDTs. The amount of this federal …
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What Are Resource Limits for Public Benefit and How Do They Affect Benefits Eligibility for My Adult Child with Special Needs?

What Are Resource Limits for Public Benefits and How Do They Affect Benefits Eligibility for My Adult Child with Special Needs

As children with special needs become adults, they often rely on various public benefits to assist them with medical care, financial support, and other forms of care. These public benefits programs may include Supplemental Security Income (SSI) and Medicaid. However, …
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College Assistance for Young Adults with Disabilities

Assistance for Young Adults with Disabilities Attending College

As children with special needs complete high school and become adults, parents may be looking for additional educational opportunities for them. Fortunately, your family may be able to take advantage of some forms of assistance that may enable, support, and …
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Why Do I Need a Special Needs Trust Attorney?

When you engage in estate planning, a major goal is often to provide for your children after you are gone. If you have a child with special needs, you understand that your child may need financial support for the rest …
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Powers of Attorney and Your Child with Special Needs

Powers of attorney are critical to have when you have an older child with special needs. If you are the parent of a child with special needs, you likely have grown accustomed to making medical, educational, and legal decisions on …
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Understanding Medicaid HCBS Waivers for Adults with Special Needs

Home and Community-Based Services (HCBS) waivers are programs that offer services designed to permit individuals to remain in their own homes or communities rather than in institutions. Illinois waivers address different services for individuals with similar levels of needs. Illinois has nine HCBS (1915(c)) waivers, which …
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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 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 Medicaid …
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Issues to Consider When Your Child with Special Needs Turns 22

If you have a child over the age of 18 who is currently receiving special education services, you likely had to make some important decisions and changes as your child turned 18 and became a legal adult. However, turning age …
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Legal Duties of Guardians of Adults with Special Needs in Illinois

The legal duties of guardians of adults with special needs under Illinois law largely depend on the type and scope of the guardianship order that the court grants. For example, the court can limit the guardian’s powers in the guardianship …
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Who Should Be the Trustee of My Child’s Special Needs Trust?

A Third Party Special Needs Trust is a common mechanism that parents use as a repository for any inheritance their child with special needs will receive after their death or for gifts from another family member. By creating a special …
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How Should My Estate Plan Be Different if I Have a Child with Special Needs?

An estate plan for children with special needs requires careful and mindful planning. Parents of children with special needs provide critical support for their children, not only as their loving parents but also as their advocates, protectors, and financial support. …
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Contributing to an ABLE Account When an Individual with Special Needs is Working

Many individuals with special needs must necessarily rely on public assistance and government benefits to help pay for their often-significant expenses. Although family members and friends may be willing and able to help defray the costs of those expenses, doing …
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How Does a Guardianship Affect the Ability of an Individual with Special Needs to Hold a Driver’s License?

Some individuals with special needs may hold a driver’s license, and others may not, depending on the severity of their special needs and their ability to safely operate a motor vehicle. Furthermore, whether a legal guardianship exists for a person …
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The Role of the Guardian Ad Litem in Guardianship Proceedings

Guardian ad litem is a term you have likely heard, but may not understand what it means or their role. When adults with special needs turn 18, they legally become adults. As a result, their parents’ legal rights to make …
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Supported Housing Options for Adult Children with Special Needs

Many families choose to care for their adult children with special needs at home. However, as parents age, adult children become more independent, or their needs change, families may reassess their housing arrangements. Various supported housing options for adult children …
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5 Issues to Consider Before Your Child with Special Needs Turns 18

Five Issues to Consider Before Your Child with Special Needs Turns 18

As the parent of a child with special needs, your role as a parent becomes different when your child becomes a legal adult. Although your child may have some or all the same needs for assistance from you, your legal …
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Testamentary v. Free-Standing Special Needs Trusts

Adding a child with special needs to your family can bring change and uncertainty to your life. You may contemplate what the future holds for your child and how to best plan for your child’s future. While you can never …
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I Have a Special Needs Trust for My Child. How Can I Use These Funds for My Child Without Affecting His Public Benefits?

Parents most commonly establish special needs trusts for their children to provide financial support for them while not jeopardizing their eligibility for necessary public benefits. A special needs trust attorney can assist the parents in setting up the trust or …
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New State Law Requires Training for Newly Appointed Guardians in Cook County

Becoming guardians over the persons and/or estates of individuals with disabilities is an enormous responsibility. Over the years, the Illinois legislature has increasingly required various safeguards to ensure that guardians receive the training and education needed to fulfill their role’s …
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Changes to the Illinois Power of Attorney Act and Health Care Powers of Attorney for Adults with Special Needs

Powers of attorney are important legal documents. Many adults with special needs can make decisions about their medical care and actively participate in their health care plans. However, there may come a time when they no longer have the capacity …
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What is a Letter of Intent? Do I Need One for My Child Who Has Special Needs?

A letter of intent is a future planning document that a parent can prepare for a child with special needs. The goal of a letter of intent is to assist your loved ones and those who will be caring for …
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Taxes and Special Needs Trusts: What You Need to Know

Special needs trusts are an excellent way to provide additional financial support for a child with special needs without endangering eligibility for means-tested government benefits. However, these trusts do have potential tax implications, both for the trust itself and for …
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Should I File for Guardianship of My Child When He Turns 18 if He Has Special Needs?

Filing guardianship of your child with special needs when he turns 18 may or may not be necessary, depending on your situation. In some cases, getting guardianship is necessary because your adult child does not have the capacity to make …
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Can I Pursue a Claim for Medical Malpractice that Caused My Child’s Disability? How Long Do I Have to File a Claim? How Can Rubin Law Help Me?

In some cases, a child’s permanent disability may result from a medical error or a failure of a medical professional to exercise a reasonable standard of care. When this situation occurs, the parents or guardians of the child may have …
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Are Illinois ABLE Accounts Subject to Medicaid Recovery or Clawback? Conflicting Guidance from the State and Federal Governments

How Can My Adult Child Continue to Receive Child Support from a Parent Without Jeopardizing Their Medicaid and SSI Eligibility

Historically, the state of Illinois, like many states, implemented a “payback” or “clawback” provision that allowed it to seek reimbursement from ABLE accounts after a beneficiary’s death. The state could seize any remaining funds in ABLE accounts to pay for …
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How The SECURE Act Affects Special Needs Planning – The Eligible Designated Beneficiary

The Setting Every Community Up for Retirement Enhancement (SECURE) Act went into effect on January 1, 2020. The SECURE Act affects special needs planning, in particular, inherited IRAs owned by third-party special needs trusts. Historically, these types of trusts provide …
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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 much …
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I’ve Established A Third Party Special Needs Trust, What’s Next?

Ive Established A Special Needs Trust Whats Next

Establishing a third-party special needs trust is a major step in providing for the needs of an individual with disabilities. Special needs trusts are complex and may be difficult to understand and administer. Once the trust documents have been signed, …
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What Expenses Can A Special Needs Trust Pay?

The purpose of a third party special needs trust is to provide persons with disabilities the means to augment their quality of life while enabling them to remain eligible for needs-based public benefits. While a special needs trust is a valuable tool …
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Social Security Recipients to Pocket 5.9% Benefit Increase

Recently, the federal government announced the cost-of-living adjustment (COLA) for 2022. This adjustment is applied to federal benefits to be disbursed in 2022. Many analysts expected that the COLA would be the highest since 1983 when it was 7.4 percent. …
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Accounting Of Special Needs Trusts

Accounting for special needs trusts is not much different than accounting for other types of trusts. A trustee has a legal obligation to account for certain trust activities to beneficiaries and other interested parties. The trustee must adhere to federal …
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Understanding Eligibility Rules for Means-Tested Programs, Part Two

The second part of this blog will discuss the way that income is characterized for a means-tested entitlement program and how it affects a benefit award. The federal Supplemental Security Income (SSI) program rules distinguish between and characterize income in …
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Understanding Eligibility Rules for Means-Tested Programs, Part One

Eligibility rules for many critical essential entitlements are means-based. Thus, any income and assets received by an individual with disabilities will affect the benefit awards that they potentially receive from these types of entitlement programs. Therefore, the effect of these …
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Distinguishing the Different Types of Special Needs Trusts – Third-Party Special Needs Trusts

The two entirely different types of trusts that are usually referred to as “special needs” trusts are treated differently for tax purposes, benefit determinations, and court intervention. We already discussed Self-Settled Special Needs Trusts in our prior blog post. The …
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Distinguishing the Different Types of Special Needs Trusts – Self-Settled Special Needs Trusts

Greater awareness of disabilities in the last few decades has caused many of us to appreciate the need for special needs trusts. In most cases, the primary, essential purpose of a special needs trust is to improve the quality of …
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Some Important Issues To Consider When Creating A Special Needs Trust

A child with special needs changes the life of a family in many ways. The parents of a child with special needs embark on an unplanned journey knowing little of what the future holds for their child. Planning for an …
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State Increasing Funding For I/DD Community

After a federal judge admonished the State of Illinois in 2017 for failing to meet the requirements of a 2011 consent decree requiring more community-based services for the intellectually and developmentally disabled (I/DD) community, Governor J.B. Pritzker has proposed a …
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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 …
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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 …
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Medicaid Waiver Services and the Possible Pending Federal Legislation Impacts

Federal Medicaid offers certain waivers for people with special needs or chronic health concerns. With these Medicaid waivers, healthcare providers can care for someone in their home as opposed to only providing services in long-term care facilities. Each state can …
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IRAs and Third Party Special Needs Trusts

IRAs and First Party Special Needs Trusts1

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, …
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Understanding Substantial Gainful Activity and What Happens if You Exceed It

If you are receiving Social Security disability insurance (SSDI) you may be concerned about losing your benefits if you take a job and earn income. The Social Security Administration has created special rules to encourage some people who want to try to work, even on …
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Illinois’ Health Benefits for Workers with Disabilities (HBWD) Program

In January 2002, Illinois launched a program called Health Benefits for Workers with Disabilities (HBWD). The program’s main goal is to assist people with disabilities who want to work but are afraid they will lose Medicaid coverage. For many potential …
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My Child With Disabilities is Turning 18, What Steps do I Need to Consider?

In the United States, when a child turns 18 they become an adult who is legally responsible for their choices and actions and parents lose the ability to make decisions for their adult child. However, the law provides exceptions for …
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My Child is on Government Benefits and Received a Stimulus Check, What Do I Do?

The third round of government stimulus payments has been authorized by President Biden’s American Rescue Plan Act of 2021 . Importantly, adults with disabilities who are dependents for tax purposes are now eligible to receive a stimulus payment. If you have a dependent with special needs, …
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ABLE Accounts: Understanding the Basics and Allowable Uses

If you have a family member with special needs, you should consider creating an ABLE account as a powerful tool to help provide for his or her financial future. Since many government benefit programs for individuals with special needs are …
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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 …
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Downstate Illinois Police Pension Benefits: Providing For A Beneficiary With Special Needs

In Illinois, the police officers who serve and protect the citizens of their communities face challenging situations and sometimes life-threatening circumstances every day. These brave men and women deserve a good retirement as a result of their dedication. Article 3 …
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How Downstate Illinois Fire Pension Benefits Can Help a Person With Special Needs

Firefighters hold a special place in our hearts for their courage and the sacrifice they make every time they respond to a call. Their selflessness carries over to their family and community and the team at Rubin Law is proud …
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State University Retirement System (SURS) Pension Requirements for Beneficiaries With Special Needs

This article is for State University Retirement System (SURS) participants who want to learn how to use their SURS retirement benefits to provide for a loved one with special needs. While it may seem like a simple process, ensuring that …
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How To Ensure Your State Employees Retirement System (SERS) Pension Will Benefit Someone With Special Needs

Employees who perform services for the State of Illinois are eligible for retirement benefits under the State Employees Retirement System (SERS). Participants in the SERS program receive pension payments upon retirement and can name beneficiaries who will receive financial payments …
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Using Your Illinois Municipal Retirement Fund (IMRF) Pension For Your Loved One With Special Needs

Use Your Illinois Municipal Retirement Fund IMRF For Your Loved One With Special Needs

The Illinois Municipal Retirement Fund (IMRF) offers benefits for certain Illinois workers. Since retirement funds’ rules and benefits can vary, it’s important to understand how you can use retirement funds to provide for your child with special needs. In this …
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How An Individual With Special Needs May Obtain A Driver’s License, And How Guardianship Can Affect It

Some people with disabilities may be able to drive a motor vehicle and hold a valid driver’s license. Depending on their specific abilities and whether accommodations are available to address any challenges, they can apply for a license if they …
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Helpful Resources For Individuals With Intellectual And Developmental Disabilities

At Rubin Law, our law practice is exclusively limited to helping our fellow Illinois families of children and adults with disabilities. As a result of this and our own personal experiences, we know how crucial organizations can be in making …
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6 Planning Issues to Consider Before Your Child With Special Needs Turns 18

dad and his son with autism sitting in kitchen at home a man with picture id1213515171

Parents of children with special needs face many challenging situations every day. Sometimes it is difficult to think about your child’s care tomorrow, let alone in a few years. At age 18, children become legal adults, but your child may …
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The Basics of Applying for SSI Disability Benefits for Your Child

Supplemental Security Income (SSI) is an important government benefit for children with special needs. However, dealing with the government can be confusing, time-consuming, and frustrating. Before beginning the application process, you should have a solid understanding of the SSI process. …
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How Pandemic Restrictions are Affecting Children With Special Needs and Their Families

Although the pandemic has disrupted the world, social and educational restrictions have affected children with developmental disabilities more intensely than most people. Special needs children often do better with structured daily routines, specific types of social interaction, and rigid sleep …
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Understanding Some Basic Terms Involved in Special Needs Care and Planning – Part II

At Rubin Law, we limit our practice to the areas of Estate Planning, Guardianship, and Probate for families of children with special needs and adults with special needs. With our laser focus, we thoroughly understand the complexities of the various …
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Understanding Basic Terms Involved in Special Needs Care and Planning – Part I

Understanding Basic Terms Involved in Special Needs Care and Planning Part 1

At Rubin Law, we are proud to provide legal services exclusively limited to special needs planning including the areas of Estate Planning, Guardianship, and Probate Law for families of adults and children with special needs. In this very specific area …
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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 contributions without …
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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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Should My Child Claim Unemployment Benefits? Will His Government Benefits Be Affected?

Many people with special needs are not able to work at a conventional job. However, increasingly many are employed for several hours a week. Those that were working at the start of this year may have been laid-off, furloughed, or …
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How Do Economic Impact Payments Affect My Child’s Government Benefits?

For families of individuals with special needs, financial planning and ongoing accounting are extremely important.To qualify for various government benefits, specific accounts must be established and maintained with strict guidelines and parameters. Illinois law and federal regulations set specific maximum …
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We Continue To Help Our Clients Plan For The Future during the COVID-19 Pandemic With Virtual Consultations

We Continue To Help Our Clients Plan For The Future With Virtual Consultations While Respecting Social Distancing Restrictions

Many of the rapidly changing circumstances due to the Pandemic create unique concerns for those with special needs and their families. In particular, the Economic Impact Payments (Link) and unemployment benefits federal add-on, have raised concerns for those on means …
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Future Planning in Case of Your Own Special Needs or Medical Crisis

When you work on future planning for your family, including a child with special needs, you may want to consider that you may have special needs or a medical crisis at some point. Fortunately, there is a way to incorporate …
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Is It Ever “Too Late” to Start Future Planning for Your Child?

Your child with special needs is becoming a teenager, or is about to turn 18, or is an adult living independently. No matter how old your child is now, you may wonder if it is “too late” to start future …
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Why Your Special Needs Trust Should Be a Separate Free-Standing Document

When you decide to create a special needs trust for your child with special needs, you should ensure that the trust is prepared as a separate free-standing document. Some people think that creating SNTs in their wills or as part …
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Military Family and a Child with Special Needs? Tips for Future Planning

If you belong to a military family and have a child with special needs, you have some unique future planning issues to address. Since being in the military can create some uncertainty about your plans and residence, future planning is …
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How Can Future Planning Help Us Meet the Resource Limits for Benefits?

Most government benefits programs have strict “resource limits” for people applying to receive benefits. If your resources exceed the limit, you will not qualify for benefits. Future planning can help families of individuals with special needs who must have government …
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Which Expenses Cannot Be Paid from an ABLE Account?

If your child with special needs has an ABLE account, you may be wondering which expenses you can pay with money from the account. ABLE accounts can only fund certain expenses for their beneficiaries – you cannot use the money …
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Which Expenses Cannot Be Paid from a 3rd Party Special Needs Trust?

Special needs trusts can pay some expenses for their beneficiaries without penalties. If you are a family member of a person with special needs or the trustee of an SNT, you should learn about which expenses the trust money can …
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Are You the Surviving Spouse? Making Changes to Your Family’s Future Plan

If your spouse passes away, you will need to make some changes to your family’s future plan. In your grief, seeing your lawyer is probably not your first priority. But changing your estate plan could save you many headaches in …
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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 …
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Why to Start Future Planning When Your Child with Special Needs Is Young

Starting to future plan while your child with special needs is young could produce unexpected benefits. In addition to setting up wills and medical directives for everyone in your immediate family, you should talk to your own parents about their …
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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 …
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Future Planning When Your New Child or Stepchild Has Special Needs

If you have just welcomed a new child or stepchild who has special needs into the family, you probably have questions and need some help sorting out your new life. You are not alone – many families like yours feel …
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Why to Future Plan for Yourself, Not Just Your Child with Special Needs

When you have a child with special needs, there is so little time to think about the future. You are constantly busy caring for and advocating for your child. Despite your full schedule, you need to make time to do …
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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 …
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Can You Leave a 401(k) to Your Child with Special Needs?

If you have just started a 401(k) or are doing retirement planning, your first impulse may be to leave your 401(k) money to your children. When one of your children has special needs, doing this is not a good plan. …
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Worried About Affording Long-Term Care? How Future Planning for Your Child With Special Needs Can Help YOU Pay for Long-Term Care for Yourself

If you are thinking about buying long-term care insurance or are still on the fence, you should consider beginning future planning for your child too. Doing some future planning can help you provide for your child and pay for your …
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What Are Medicaid HCBS Waivers? Why They Are So Important, Especially for Adults With Special Needs

If you are working on getting services for your child with special needs, you may have heard about Medicaid HCBS waivers. You may not realize how important getting an appropriate HCBS waiver is for adults with special needs. What Are …
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Can You Use Money from a 529 Plan to Help Your Child with Special Needs?

If you began saving money for your child’s education in a 529 plan, you probably were planning to use that money on your child’s education at some point in the future. For children with special needs, money for expenses related …
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Required “Pay Back” for Illinois ABLE Accounts: What You Need to Know

You may have heard that the state of Illinois changed the ABLE account laws to remove the required “pay back” when an account beneficiary dies. Families of people with ABLE accounts may think this change will help them. Unfortunately, the …
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ABLE Accounts: What’s New in 2018?

Due to new tax laws passed in 2017, individuals with special needs can make more contributions to their ABLE accounts than they could in the past. ABLE accounts are special savings accounts that have tax advantages. They can be established …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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Do You Need to Change Your Future Planning Due to the New 2018 Tax Laws?

In January 2018, several new tax laws went into effect that could change your future planning. You should check in with the lawyer who prepared your estate plan and any documents for your child with special needs to see if …
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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 …
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Future Planning for an Independent Adult with Special Needs

If your family includes an independent adult with special needs, you should do some future planning to ensure your child or other relative has everything he or she needs to continue living independently. Here are a few suggestions and options …
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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 …
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Your Relative with Special Needs Plans to Get Married. What Next?

When you learn that your relative with special needs plans to get married, you probably have many questions about the future. Importantly, you should be concerned about whether your family member can continue to receive government benefits after marriage. If …
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Can You Leave Retirement Account Funds to a Relative with Special Needs?

If you support a relative with special needs, you may want to leave your retirement account funds to him. If this is not done correctly this can be a big problem. When you leave money or assets to a person …
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Can You Leave Life Insurance Proceeds to a Relative with Special Needs?

You may be interested in purchasing life insurance as a way to fund your child with special needs’ future expenses. It’s fine to get a policy as long as you can afford it. But do not make the common mistake …
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How to Involve Your Child with Special Needs in Future Planning

When you first start future planning for your child with special needs, he or she might be too young to get involved in the many decisions you have to make. As time goes by, your child may express strong preferences …
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What You Need to Know Before Your Child with Special Needs Turns 18

Don’t wait until your child with special needs turns age 18 to begin planning. Becoming a legal adult leads to many changes in available benefits, needs, and your ability to act on your child’s behalf. Here are just a few …
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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 …
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Just Moved to Illinois with Your Child with Special Needs? What You Need to Know

If you have just moved to Illinois and have a child with special needs, you need to take action now to ensure your child gets vital services. You also need to make sure that your child and your family are …
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The Federal Gift Tax and People with Special Needs

You may not know that the federal gift tax could affect your future planning for your family if you have a child or other relative with special needs. First, you will need an introduction to how the gift tax works. …
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How Do SNTs Affect Beneficiaries with Special Needs’ Eligibility for Subsidized Housing?

The federal and state governments subsidize some housing under programs such as “Section 8” for people with special needs. Some people who want to apply for Section 8 have special needs trusts (SNTs) that benefit them. If you are considering …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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Can a Guardian or Trustee File a Lawsuit on Behalf of an Individual with Special Needs?

An individual with special needs may need a guardian or trustee to file a lawsuit on his behalf. If it makes sense to file a lawsuit under the circumstances, the individual with special needs or relatives will need to determine …
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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 …
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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 trustees to …
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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 …
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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. Medicaid Medicaid assists people of all …
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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 …
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Why Is Medicare Deducting Premiums from My SSDI Check, and Can the Deductions Be Avoided?

Medicare is a federal government health insurance program covering costs such as hospital charges, home health care, doctor fees, lab costs, outpatient care, and prescription drug coverage. Recipients pay premiums, deductibles, and coinsurance. For Medicare recipients who cannot afford all of …
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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 …
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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 …
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What Is a Resource? What Is Countable? Your Questions about SSI Eligibility Answered

Evaluating your countable resources is key to determining your SSI eligibility. Making this evaluation, however, can be complicated and confusing. Start by determining which items owned by you or owned by the planned SSI recipient are “resources”. A “resource” for …
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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 special needs. This …
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Payments from Non-Special Needs Trusts to People with Special Needs

For people with special needs, receiving a payment from a non-special needs trust may have significant consequences. In fact, any unexpected payments can jeopardize a person with special needs’ eligibility for Supplemental Security Income (SSI) benefits, Medicaid, and other government …
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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 …
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Press Release: Brian N. Rubin Elected President of Special Needs Alliance

October 31, 2017 (Tucson, Arizona) — Brian N. Rubin, Rubin Law, A Professional Corporation , with offices in Chicago, Skokie, and Buffalo Grove, Illinois, whose law practice focuses exclusively on “special needs legal and future planning,” has been elected president of the Special Needs Alliance (SNA) . SNA is …
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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 …
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Money Management for an Adult with Special Needs

Money management for an adult with special needs is an important life skill. With the many restrictions on spending due to the SSI and Medicaid rules, learning how to spend and save money without going into debt or helping a …
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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

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 and security. For …
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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 …
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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 …
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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 friends to make …
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Special Needs Future Planning When Future Health Care Funding Is Uncertain

Parents of children with special needs, advocates, and care providers have followed recent news about health care funding with worry , because health care funding proposals would cut Medicaid funding by 25 percent or more. While lawmakers in Washington have not passed …
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Can a Person with Special Needs Under a Guardianship Still Vote?

In the United States, voting is one of the most important rights afforded to citizens. It may surprise you to learn that not every free citizen can actually exercise that right. Many people with special needs cannot vote because they …
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How Can I Use Insurance to Protect My Child with Special Needs’ Future?

Protecting the future of your child with special needs requires a many-faceted approach, and insurance is only a part of it. Have you considered the role that insurance will play in your future plan? If not, now is the time …
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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 …
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Can a Person with Special Needs Keep His Driver’s License Even If He Has a Guardian?

Can a Person with Special Needs Keep His DriverΓÇÖs License Even If He Has a Guardian

Maintaining independence and stability for people with special needs strongly motivates many decisions about their lives, including the most appropriate form of transportation. People who have special needs and their families should be aware that guardianships can significantly change their …
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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 …
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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 …
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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 …
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Risks of Leaving Your Estate to Your Special Needs Child’s Sibling

Risks of Leaving Your Estate to Your Special Needs ChildΓÇÖs Sibling

When making your estate plan, be aware that there are substantial risks to leaving your estate to the sibling of your child with special needs. Sometimes, doing so seems like the least complicated solution – the sibling can use funds …
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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 …
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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 …
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Can a Person with Special Needs Establish His Own Trust?

As of December 30, 2016, individuals with special needs who have capacity can establish their own special needs trusts. See 21st Century Cures Act, P.L. 114-255, Section 5007 (2016). Previously, first party self-settled special needs trusts could only be created with the help …
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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 guardian, oversees administration of …
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Who Can Make Decisions for a Minor Child with Special Needs?

If you are in the position of making decisions for a minor with special needs, you may wonder who besides you can make these often-difficult decisions. Generally, parents are the only ones who can decide things for their children. If …
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Pros and Cons of Using a Bank as a Trustee

Pros and Cons of Using an Institutional 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 …
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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 …
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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 …
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Can an SNT Be the Beneficiary of My Retirement Account?

When determining whether you can name a special needs trust (SNT) as the beneficiary of your retirement account and accomplish your intended result, you will quickly learn that the answer is “it depends.” It depends on the type of beneficiary …
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How a Veteran Can Leave His Military Pension to a Special Needs Trust

Under recent changes to military pension plan rules, you can leave your pension to a special needs trust for the benefit of a child with special needs. Military members may choose the Survivor Benefit Plan ( SBP ) option, as part …
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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 …
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Why Is Estate Planning for People with Special Needs Different?

There are a number of reasons why estate planning for people with special needs can be different than planning for people who do not have special needs. Understanding these reasons will help you during the initial planning process and beyond. …
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Why Our Firm Only Practices in the Area of Special Needs Planning

From our personal experience, we know that families who are planning for their special needs relatives’ futures need strong advocates to advise them. Brian Rubin began to dedicate his legal practice to special needs planning after the birth of his …
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When should I set up and fund my child’s special needs trust?

When should I set up and fund my childGÇÖs special needs trust

A special needs trust can be the most important savings account your child with special needs will ever have. It should be set up as soon as you know that your child has special needs, and funded through ways that …
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Special provisions needed in your will, living trust and power of attorney, when you have a child with special needs

If you have children, you should have an estate plan in place. This is especially true for parents of a child with special needs. An estate plan that includes a will, living trust, powers of attorney and other provisions can …
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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 …
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What a personal injury attorney needs to know about representing a child or adult with special needs

Personal injury attorneys should work very closely and carefully with their clients who have a child or adult child with special needs to ensure a plan is put into place that benefits the person for the rest of their lives. …
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Can I leave my teacher’s TRS pension to my child with special needs?

Can I leave my teacherGÇÖs TRS pension to my child with special needs

Illinois lawmakers set up the Teachers’ Retirement System, or TRS, in 1939. It is a pension program designed to provide retirement annuities, disability benefits and survivor benefits for men and women who work in the state’s public schools. If you …
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