Will a Personal Injury Settlement or Award Endanger Government Benefits for My Child with Special Needs?
Individuals with special needs often receive government benefits to assist them with medical and living expenses. However, these crucial benefits are typically needs-based. As a result, a sudden influx of income – such as a personal injury settlement or award …
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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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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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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?
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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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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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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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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