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Providing for a Disabled Child Through a Special Needs Trust
Being the parent of a physically or intellectually disabled child comes with a variety of special challenges. When your child struggles to adequately care for himself or herself due to a disability, you may worry about what will happen when you are not around to help him or her. It can be an uncomfortable reality to consider but making plans for the care of your disabled loved one for after you pass away will give you tremendous peace of mind. One option that many parents of disabled minor or adult children utilize is a special needs trust.
How Does a Special Needs Trust Work?
A trust is a financial instrument often used in estate planning that places assets under the authority of a trustee. In a special needs trust, the trustee is legally obligated to follow the directions contained in the trust and use the funds contained in the trust for the benefit of the disabled individual. The assets held in a special needs trust can be used to pay for your child’s home, living expenses, education, personal care attendant, out-of-pocket medical expenses, recreation, and more. One way to set up a special needs trust is to name yourself as the trustee and name another trusted individual, such as another one of your children, as a successor trustee. When you pass away, the successor trustee becomes responsible for using the assets in the trust for the benefit of your disabled child.
What Restrictions Apply to Parental Relocations in Illinois?
When a couple decides to end their relationship, it is probable that at least one of them will no longer live in the home they once shared. In some cases, both spouses may move out of the marital home following divorce and relocate to smaller dwellings. However, while moving to a new home may be necessary, parents should be aware of the restrictions that may apply when they plan to move with their children. In some cases, parental relocation may require approval from the court. If you are not sure how a potential move may impact your rights as a parent, you should speak with an experienced family law attorney to learn more about the child relocation laws in Illinois.
Why Do Relocation Restrictions Exist?
The parental relocation laws in Illinois have been put in place to protect a child’s bond with both of his or her parents. In cases that meet the criteria for relocation, the relocating parent must give the other parent at least 60 days' notice prior to the move, and they will need to receive approval from the court for any modifications to the parties' parenting plan. These restrictions ensure that all moves are made in good faith and that a proposed relocation will protect the best interests of the child.
How Can A Power of Attorney for Health Care Help Me?
People vary dramatically in their feelings regarding medical treatment. Some people want every possible medical intervention to be taken, even if those medical treatments will only slightly extend the duration of their lives. Other people only want the bare minimum actions taken if they become seriously ill or injured.
Have you ever considered the types of medical treatments you would want to undergo if you became extremely sick? What if you were too sick to express these wishes? A power of attorney for healthcare is a type of estate planning instrument that can allow you to take your future medical care decisions into your own hands.
Health Care Power of Attorney Basics
Through a power of attorney for health care, you can designate someone to make medical decisions on your behalf. The document gives this individual authority to make decisions about your medical treatments if you cannot do so yourself. Instead of a doctor who you may have never met making these decisions—and who might not share your personal values—you can entrust these important decisions to someone you know and trust. The individual you designate to speak on your behalf is called a health care proxy or agent. Your proxy may be a close friend, spouse, family member, or anyone else you choose. Once you have chosen who your proxy will be, you can have a conversation with him or her about the actions you do and do not want taken if you become gravely ill.
How Does a Long-Distance Parenting Plan Work in an Illinois Divorce?
The dissolution of a marriage not only affects the divorcing couple but also any children in the family. Divorce often creates new living situations due to new jobs for the parents, which can result in a different school environment for kids. In some cases, one of the divorcing parents may move out of the family’s town or even out of the state. If you are facing a long-distance relationship with your child, speak with a knowledgeable family law attorney to learn about your rights and options and how a parenting plan can resolve these important issues.
What Is a Long-Distance Parenting Plan?
During a divorce, there are many details to sort out, and a divorce with children in the picture can be even more complex. The important child-related matters that parents will need to address include parenting time (formerly known as visitation) and the allocation of parental responsibilities (formerly known as child custody).
Reasons to Challenge a Loved One’s Will
In the days and weeks after the death of a loved one, you are likely to remain focused on getting back to some semblance of normalcy in your life, especially if you were very close to the decedent. Just as things start to settle back down emotionally, new concerns can arise when your loved one’s will is presented for probate. When the provisions in the will are finally made known, you may be surprised to learn that your loved one has made some unexpected decisions. Such surprises may lead to you to think about filing a will contest, but there are some factors to consider before you do so.
Hurt Feelings Will Not Invalidate a Will
The first thing you need to remember is that, following a person’s death, there will almost always be someone who feels that they got ignored, left out, or the short end of the stick. They may have been led to expect a certain portion of the inheritance or a particular piece of property, only to find out later that such “promises” were never formalized in the will. If you feel slighted by your loved one’s decisions regarding his or her will, that is not sufficient grounds for challenging the document.
Four Things You Should Know About Adult Guardianships in Illinois
At one point or another, most of us will need help from someone else in regard to managing our affairs. For some of us, we might only need help temporarily as we recover from an injury or illness. In other situations, the need for assistance is permanent and much more serious. If you have a loved one who is struggling to manage their financial or health-related affairs, you might consider pursuing guardianship of that person. There are, however, a few things you need to know before you take any action in that direction.
1. Guardianship Can Only Be Granted by a Probate Court
In the state of Illinois, guardianships fall under the jurisdiction of the probate court. The court has full authority over the appointment and removal, if necessary, of adult guardianships. Unless you have been already been named in your loved one’s valid power of attorney, you cannot begin acting on your loved one’s behalf until the court says that you can.
What Is the Process for Adopting a Stepchild in Illinois?
Adoption is the legal process for assuming parental responsibilities for another person’s child. Adopting a child from an agency is an option for couples to grow their family if they cannot conceive on their own. However, there are other types of adoption, including stepparent adoption. In these cases, an individual with a stepson or stepdaughter may want to consider legally becoming the child's parent. If you are considering a stepparent adoption, speaking with an experienced family law attorney can ease your concerns as you walk through the legal process in Illinois.
A Relative Adoption Versus an Agency Adoption
A stepparent adoption does not involve the same process as an international or Department of Children and Family Services (DCFS) adoption. Here are a couple of differences between them:
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Home study: Home studies are used to determine if a home is safe and stable for a child to be placed. Home studies are not required for stepparent adoptions, because it is considered the same as adopting a relative, as per the Illinois Adoption Act.
Why Is Establishing Paternity Important in Illinois?
When a child is born to a married couple, both spouses will be considered the child's legal parents. However, when a child is born to an unmarried mother, or when the identity of the child's father may be in doubt, it may be necessary to establish the child's legal parentage. Establishing paternity is important for the child, but it also benefits the father and mother too. For example, legal paternity may need to be established before a court determines parenting time, parental responsibilities, and child support. If you need to address issues related to your child's parentage, speaking with an experienced family law attorney can guide you through your next steps and help you establish paternity.
How Is Paternity Established?
Paternity is the legal establishment of the identity of a child’s father. Simply writing a person’s name on a birth certificate does not necessarily indicate paternity. In fact, paternity can be established in a variety of ways, including:
What Documents Do I Need When a Loved One Dies?
When a family member or close friend passes away, figuring out what paperwork you need to find can be overwhelming and confusing. Especially if you are the executor of the estate, you will have several important responsibilities including paying the deceased person’s bills and taxes, manage their assets, obtaining a death certificate, and more. You will need access to several different documents in order to complete these tasks. If you loved one created an estate plan before they passed away, finalizing their affairs will be much easier than if they had no plans.
For this reason, and many others, everyone should have a will, trust, or other estate planning tool in place – even if they do not own a great deal of high-value assets. When you pass away with an estate plan, the burden on your surviving loved ones is significantly less that it would be if you did not have an estate plan.
Locate the Following Documents When a Loved One Passes Away
Testamentary Capacity Concerns for Loved Ones with Dementia
In Illinois, wills, trusts, and other estate planning documents must meet certain criteria in order to be valid. In order for the court to uphold a will, the person who created the will, called the testator, must fully understand the provisions contained in the will and the consequences of these provisions. If a testator was forced, under undue influence, or could not comprehend what he or she was doing when he or she signed the will, the will may not be legally binding. If the validity of the will iscontested and the court finds that the testator did not consent to the directions contained in the will, it could be thrown out completely. If you have a loved one with dementia who wishes to draft a will, you will need to take special precautions to ensure that the will is legally enforceable.
Testamentary Capacity Explained
The term “testamentary capacity” refers to a testator’s mental clarity and understanding. Testamentary capacity is also sometimes called “sound mind and memory” or “disposing mind and memory.” Testators as presumed to have testamentary capacity unless there is convincing evidence to the contrary. If your loved one wishes to create a will or other estate planning document and he or she suffers from dementia, Alzheimer’s Disease, or another illness that affects cognition, this could be grounds for his or her testamentary capacity to come into question.
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