Volume 9, Issue 3 Fall 2013
Administering a Special Needs Trust Attorney Janna Dutton spoke to a full room of interested family members on July 18 about trusts and how to administer them for the benefit of a person with a disability. She explained that a Special Needs trust is only needed by a person with a disability if there are government benefits that need to be protected. Otherwise, a family may choose to use other types of trusts or estate planning, options which she explained further. Primarily, however, her presentation focused on the administration of Special Needs Trusts. There are two major types of Special Needs Trusts, the “SelfSettled” Special Needs Trust and the “Third-Party” Special Needs Trust. There is also a “Sole Benefit” Trust that might be appropriate under certain unusual circumstances. She detailed the importance of Trustee impartiality as well as their required duties of delegation, investment and no self-dealing. She stressed the importance of understanding these duties while selecting a Trustee. Dutton reviewed accounting and reporting requirements of the Trustee, as well as the appropriate expenditures that can be made from the trust in consideration of the rules of SSI. In answer to a question about how to protect funds in a trust from being mismanaged by the trustee, she recommended the use of a Trust Protector who would provide oversight of the trust. The Trust Protector could be a family member, a professional or a business entity. The Trust Protector could also be given the right to appoint a trustee if there is a vacancy in the position. Much of the information shared in this presentation is available in a very informative booklet that can be downloaded online at this link: http://www.duttonelderlaw.com/articles-of-interest/ articles-of-interest-special-needs-planning/ If you do not have access to a computer, a copy of the booklet can be requested at 773.508.1694.
Planning for the Future
Linkages Support Group October 1 and 15 November 5 and 19 December 3 and 17 11am—12:15pm 3003 W. Touhy
Melissa Mrkvicka, Service Coordinator for Life Management Services at PACT, Inc., a non-profit agency, was guest speaker at the August 15 Program. She shared information on the private fee services that PACT provides people with disabilities and their families, including acting as full, plenary, limited, successor, emergency/ temporary, stand-by or co-guardian of person or estate. It can also act as Power of Attorney for Healthcare or Property and can fulfill the role of trustee for Special Needs and other trusts. The agency can act as an advocate for a person with a disability, providing a less formal role in assisting with decision making and maintaining quality of life. Mrkvicka stressed the need to make future plans—with or without PACT’s involvement. She also described ways in which the agency can be an integral part of this planning, playing a formal and major role or a limited and minor role in decision making and support for families with special needs. More information on PACT is available at 630-960-9700 or www.PactInc.net.
Meter Parking Program Changes Beginning January 1, 2014, only individuals who have been issued a Meter-Exempt Permanent Placard will be exempt for payment of parking meter fees and time limitations (except at meters with time limitations of 30 minutes or less). To be eligible for this placard, the person with the disability must possess a valid Illinois driver’s license and be certified to meet certain qualifying accessibility criteria. In addition that person must also meet the current eligibility requirement for Persons with Disabilities License Plates/ Placards. Economic need is not a consideration for meter-exempt parking. The distinctive yellow and gray striped placard will expire in the year 2018.
Renewal of Ride-Free Permit Applications Anyone who holds a ride-free permit that expires on either 06/30/14 or 09/30/14 is expected to complete a Benefits Access Application before 12/30/13. Reminder: In order to be eligible for the RTA Senior and Persons with Disabilities Ride-Free Transit Card or a state license plate discount, it is necessary to complete this application on the internet. No paper applications are accepted. Go to https://idoaweb.aging.illinois.gov/baa/Welcome.aspx or contact the Consumer Assistance Program at CJE SeniorLife (773.508.1000) for assistance with completing an application.
Fall 2013
Understanding Psychiatric Medications Suzanne Andriukaitis, Executive Director of the National Alliance of the Mentally Ill (NAMI) of Greater Chicago, will address questions and concerns of family members who are providing support to a person with mental illness. Her discussion will focus on the benefits and side effects of medications that are prescribed for the treatment of psychiatric disorders, and the impact that medication adherence can have on the recovery process of a person with mental illness. The program will be on Thursday, October 24 from 10:30 a.m. to noon at 3003 W. Touhy. Call 773.508.1694 to register.
Government Benefits and Estate Planning A full morning discussion on this important topic will be provided on Thursday, November 7, from 08:30am to noon at 3003 W. Touhy in Chicago. The first hour of the program will be presented by Sherri Schneider of Family Benefits Solutions who will talk about government benefits for people with disabilities. The remainder of the morning will be a presentation by Attorneys Brian Rubin and Benjamin Rubin on special needs estate and future planning issues. Please register for this event by calling 773.508.1694.
Improved Local Referral Services Emerging Aging and Disability Resource Centers (ADRC) provide access to services and information to older adults, caregivers and people with disabilities (age 18-59). The suburban ADRC, a collaboration between AgeOptions and Progress Center for Independent Living, created an Aging and Disability Resource Network (ADRN), with agencies in suburban Cook County selected to provide referrals for services and assistance to older adults and people with disabilities. CJE SeniorLife is very pleased to be one of the local agencies selected as an ADRN and will soon begin to provide this service in the Niles Township Area. There are many other agencies that have been selected to provide these services in other townships and an improved local network of referrals and information will soon be available to families for benefits, supports and services. With the many changes brought about by implementation of the Affordable Care Act, Medicaid expansion, Integrated Care, and the Ligas, Williams and Colbert Consent Decrees, the establishment of this service is timely. Such dramatic changes in the delivery of long-term supports and services to seniors and people with disabilities have never taken place in Illinois or across the country.
Psychiatric Medications October 24 Government Benefits and Estate Planning November 7
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What is Linkages? Linkages is a program created by the Jewish Federation of Metropolitan Chicago to identify and address the issues, needs, concerns and challenges faced by older adults and their family members with a disability. The program helps families to explore resource options and provides information about advocacy and future planning. Participating organizations include CJE SeniorLife, The
ARK, Center for Independent Futures, Jewish Child & Family Services, Jewish Vocational Service, Keshet and the Rehabilitation Research and Training Center on Aging with Developmental Disabilities at the University of Illinois at Chicago. For more information about Linkages or any content of this newsletter, contact Rosann Corcoran, Linkages Coordinator, at 773.508.1694 or Rosann.Corcoran@CJE.net.
3003 West Touhy Ave., Chicago, IL 60645 www.cje.net l 773.508.1000 A partner with CJE SeniorLife in serving our community, supported by the Jewish United Fund/Jewish Federation