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 …
Continue reading

Power of Attorney or Guardianship: Which is Appropriate for My Adult Child with Special Needs?

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 …
Continue reading

U.S. Department of Education Releases Guidance on Assistive Technology Devices and Services for Children with Disabilities Under IDEA

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 …
Continue reading

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 …
Continue reading

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, …
Continue reading

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 …
Continue reading

Financial Resources for Parents of Children with Special Needs

Financial Resources for Parents of Children with Special Needs

Supporting children with special needs typically goes far beyond age 18 and often is a lifelong commitment. Children with special needs may also have more financial needs than other children, especially if they have complex medical problems or require a …
Continue reading

Issues to Consider When Your Child with Special Needs Turns 22

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 …
Continue reading

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

5 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 …
Continue reading

How Will My Divorce Affect My Child with Special Needs?

How Will My Divorce Affect My Child with Special Needs

Divorce in the United States today is common, and some studies suggest that parents of children with special needs may have even higher rates of divorce than other married couples. The personal, medical, and financial challenges that often accompany a …
Continue reading

How Social Security Evaluates A Trust As A Countable Resource

How Social Security Evaluates A Trust As A Countable Resource

A person’s resources affect the ability to qualify for crucial government benefits. The Social Security Administration (SSA) sets forth resource limits for SSI applicants and recipients. For example, to qualify for Supplemental Security Income (SSI), countable resources must not be worth more …
Continue reading

I’ve Established A Third Party Special Needs Trust, What’s Next?

I've Established A Third Party Special Needs Trust, What's 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, …
Continue reading

What Expenses Can A Special Needs Trust Pay?

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 …
Continue reading

Understanding Eligibility Rules for Means-Tested Programs, Part Two

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 …
Continue reading

Understanding Eligibility Rules for Means-Tested Programs, Part One

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 …
Continue reading

State Increasing Funding For I/DD Community

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 …
Continue reading

Your Teachers’ Retirement System Pension (TRS) Can Provide Benefits For Individuals With Special Needs

          The Illinois Teachers’ Retirement System (TRS) provides retirement benefits for workers in the educational system including: classroom teachers, regional superintendents school administrators school nurses, social workers, and psychologists school librarians other school-related positions requiring licensure. …
Continue reading

Zoom Instructions for Clients

Click here for full PDF for Zoom Instructions for Clients

The TRUTH on Illinois ABLE Pay Back

Click here for full PDF of The TRUTH on Illinois ABLE Pay Back

Update on ABLE Accounts: What Trust and Estate Lawyers Need to Know (July/August 2018)

Click here for full PDF of What Trust and Estate Lawyers Need to Know

Letter to Fellow Parents

Click here for full PDF Open Letter to Fellow Parents from Brian Rubin

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 …
Continue reading

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 …
Continue reading

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 …
Continue reading

Cook County Electronic Filing Instructions (Guardian’s Annual Report)

cook.county.efiling.instructions.rev

DuPage County Electronic Filing Instructions (Guardian’s Annual Report)

dupage.county.efiling.instructions.rev

Kane County Electronic Filing Instructions (Guardian’s Annual Report)

kane.county.efiling.instructions

Lake County Electronic Filing Instructions (Guardian’s Annual Report)

lake county.efiling.instructions

McHenry County Electronic Filing Instructions (Guardian’s Annual Report)

mchenry.county.efiling.instructions.inventory.accounting

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 …
Continue reading

Guidance for Future Care Providers & Handbook for Trustees

Contact our office by email to request a form “Letter of Intent” or Letter of Guidance for Future Care Providers (Will be sent in PDF format), including Guardians, Agency Staff, Family Members, etc. In addition, contact our office to request …
Continue reading

Powers of Attorney & Guardianship Article

Click here for full PDF article on Powers of Attorney & Guardianship

Taxation of third party SNT’s

Click here for full PDF article on taxation of third party SNT’s

Letter of Intent (Sample Form)

click here for full PDF (fillable) Letter of Intent (Sample Form)

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 …
Continue reading

Divorce Impact on Estate Planning

Click here for full PDF of Divorce Impact on Estate Planning

Parenting Special Needs Magazine Letter of Intent Article

Running START First Steps for Writing the Letter of Intent by Brian Neal Rubin J.D. Special Needs Alliance The letter of intent (LOI), though not a legal document, plays a central role in your child’s special needs plan, putting its …
Continue reading

SNA Handbook – Courtesy of Rubin Law

click here for the PDF of the SNA Handbook – Courtesy of Rubin Law

Driver’s License Article

Click here for full PDF article on Driver’s License

Driver’s License Restrictions, Wallet Card (IL)

Click here for full PDF of Illinois Secretary of State Driver’s License Restrictions, Wallet Card (IL)

Rubin Law ABLE Account Article

Click here for full PDF article on ABLE Accounts

Military SBP Annuity to a Special Needs Trust

Click here for full PDF article

Health Insurance for Adult Dependents

Click here for full PDF article on Health Insurance For Adult Dependents

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 may rely …
Continue reading

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) …
Continue reading

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 …
Continue reading

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 private …
Continue reading

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 …
Continue reading