Manuel & Associates

A General Practice Law Firm

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Supplemental Special Needs Trusts

Our firm drafts Supplemental Needs Trusts that are OBRA and Illinois Section 15.1 compliant, allowing you to properly plan to provide continuing support for your disabled loved one without sacrificing their eligibility for SSI, Medical, Food Stamps, or other governmental aid.  Funds properly placed into the trust, either as a lifetime gift or as a testementary gift upon the grantor's death, will not count as a resource to the disabled person, and thus not effect their eligibility for needed government services.  And the funds in trust, when not having to go to providing for these services, will last much longer and will enhance the quality of life of the disabled person.  Trust funds can be used for items such as:
 
· Automobile or van used to transport disabled person, including gas, maintenance, insurance, and 
  adaptable equipment
· Books, compact discs, and DVDs
· Cable or satellite television
· Case management and advocacy services
· Classes and lessons
· Clothing
· Club memberships
· College tuition
· Companion for outings or vacations
· Computer, including internet service, software, training, and adaptive technology
· Dental expenses not covered by Medicaid or private insurance
· Electronics, including television, DVD, and CD players
· Entertainment, including concerts, movies, theater, and sporting events
· Eyeglasses if not covered by Medicaid or private insurance
· Furniture
· Haircuts, manicures, pedicures, salon, and personal grooming services
· Health insurance premiums for private insurance
· Hearing aids and batteries
· Hobby supplies and sporting goods
· Home repairs and modifications to home (i.e. wheelchair accessibility)
· Household supplies (non-food), including cleaning supplies, paper products, and personal care
  products
· Job coach
· Laundry and dry cleaning
· Linens
· Medical treatment, drugs, and devices not covered by Medicaid or private insurance
· Personal care attendant not covered by Medicaid or private insurance
· Prepaid funeral contracts
· Private hospital or nursing home room if not covered by Medicaid or private insurance
· Telephone and cell phone
· Therapy not covered by Medicaid or private insurance (including rehabilitation, speech, physical,
  occupational, music, and art)
· Transportation expenses (including expenses of others to visit Blake)
· Vacations

 
It is important to set up the trust in a way that ensures that the funds will not be counted as a resource by governmental agencies, and that the funds are not subject to attachment by creditors.  For funds that been contibuted by a third party, and not the disabled person themselves, a beneficiary or beneficiaries can be chosen to inherit any remaining trust funds should the disabled person die before all funds are used.  In this manner, a grantor who has other children can provide funds for the disabled child (who will most likely not be able to provide for himself or herself like the other children, and will be in more need of the funds), but also provide that the funds be distributed to his/her other children upon the disabled child's death, thereby making provisions for all of them.
 
If this is something that you are interested in learning more about, please contact our office and we will be happy to speak with you.

 
IEP's, Complaints, and Due Process Hearings

Our firm also concentrates its practice in the area of special education and school law.  We have attended IEP meetings, advocated on behalf of disabled students in the public school setting, and filed complaints with the Illinois State Board of Education, and participated in mediation, resolution sessions, and due process hearings on behalf of our clients.  If you have a disabled student that you feel is not getting the services he or she needs, or not being placed in the Least Restrictive Environment possible, as required under IDEA, please contact our office and we would be happy to discuss your particular situation in more detail with you. 
 
For anyone who is involved in a special education dispute, here are some useful documents for yoour review: