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?

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 an Institutional Trustee

Pros and Cons of Using an Institutional Trustee

When forming a special needs trust for your child with special needs, you may wonder whether using an institutional trustee is a good idea. “Institutional trustee”, also called a corporate trustee, refers to a bank or trust company that oversees …
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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 …
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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 …
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How a Veteran Can Leave His Military Pension to a Special Needs Trust

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

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?

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

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 child’s 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

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

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

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 teachers 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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Should I ask one of my other children to be the trustee for my child with special needs?

Should I ask one of my other children to be the trustee for my child with special needs

Choosing a trustee to oversee a trust for your child with special needs can be difficult. Just as the name implies, you should look for someone you can trust. That’s why many parents opt to ask another adult child to …
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Can I leave my SURS pension to my child with special needs?

Can I leave my SURS pension to my child with special needs

No parents of a child with special needs want their son or daughter to be forced to rely solely on public assistance programs like Social Security disability, Supplemental Security and Medicaid to survive. So, they often look at their options …
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How do I put money into my child’s special needs trust?

How do I put money into my childs 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 …
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Choosing a residential program for your child with special needs

Choosing a residential program for your child with special needs

      Parents of a child with special needs share a very big fear: what will happen after they are gone.  Planning for that future is not just legal and financial it is also about creating the customized supports …
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My child with special needs just received a settlement from a lawsuit. What do I do now?

Adults with special needs often receive SSI and Medicaid to help cover the costs of their living and medical expenses. Some of them have been disabled as a result of a personal injury or medical malpractice. Either way, a settlement …
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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 …
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What government benefits can my child with special needs qualify for and when?

Raising a child with special needs is challenging. Many families seek public assistance as a way to help cover the living expenses and health care costs associated with the child’s disability. Once a child reaches the age of 18, he …
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Can I leave my military pension to my child with special needs?

The federal government offers the men and women who make up the U.S. armed forces an insurance plan that covers retirement income that is lost when the service member dies. Called the Survivor Benefit Plan, the program gives widowed military …
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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 …
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What is the Illinois Health Surrogate Act and how does it apply to my child with special needs?

Everyone is considered a legal adult as of their 18th birthday. That includes children with special needs, no matter how severe or debilitating their disabilities might be. For parents, the right to make health decisions for their children with special …
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What are the different types of special needs trusts and how can they benefit my child with special needs?

Special needs trusts are an important part of estate planning for parents of a child with special needs. They offer benefits unique to a child with special needs that carry on through his or her lifetime. However, there are different …
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The grandparents of my child with special needs left him an inheritance. What do we do?

The grandparents of my child with special needs left him an inheritance. What do we do

Grandparents love their grandchildren and want to help provide for them. Many well-meaning grandparents leave their grandsons and granddaughters a small inheritance in their wills. But however good the intention, even a tiny inheritance can potentially cause hardship for a …
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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 …
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Who is 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 …
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