1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
By estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. A Love and Protection Trust can be used to help safely provide for:
  • A loved one with a drug or gambling addiction
  • A child with a controlling spouse or partner
  • A child who has failed to launch
  • Those who will simply never be able to handle money, for any reason
  • An unemployable person
  • Someone who is at risk of being taken advantage of by creditors or predators
  • A loved one who makes poor life choices
  • Any loved one who is vulnerable
A Love and Protection Trust is designed to be a legal tool that can provide protection, motivation, and encouragement for an adult child who is unable to make careful and supportive decisions with his or her money. The LPT works to make certain that your investment in your adult child is used to further your caring purposes, positive values, and enduring concerns for his or her well-being. The way this works is that a trustee will use your written trust instructions to help safeguard your property in order to benefit your child. Trained investment professionals will defend the money and work to maximize a reasonable and profitable return on the assets that you have left. By law and by the trust document itself, the trustee must make wise and intelligent decisions to protect your child and your trust. Unfortunately, it happens all too often that adult children squander their entire inheritance – unless you take control by making a gift of love and protection by using a lifetime trust. The LPT prevents an adult child from foolishly spending, wasting, and losing your hard-earned estate. Your investment in your child is protected from creditors, failed marriages, and other predators. Some adult children are extremely vulnerable to creditor lawsuits and many other types of legal claims. An LPT can be designed to discourage substance abuse and to provide for the special needs of your adult child. You can and should build protective walls around the legacy that you have chosen to leave your loved one. You can truly build a fortress with this trust. At its most basic, a love and protection trust will be there for your child long after you are no longer able to be directly involved. Your legacy of love, protection, and sound investments will give your adult child the best chance to have money still available if and when he or she eventually chooses to seek help to make a positive life transformation. Call our office to discover more about how you can help rescue your vulnerable child for their whole lifetime. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
0

By estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. Any of a number of institutions could make sure your special needs child has a bed, basic care, and three square meals a day. But that’s not what life is all about, is it? A special needs trust is more than just making sure your child has the barest of bare necessities taken care of.  It’s about providing kindness, love, and even fun events for your child with special needs – even after you’re no longer there to provide it. You see, a Special Needs Trust (SNT) is a way for parents to leave money for the needs of their child beyond what public benefits would pay. A SNT can provide supplemental funds for recreation, social activities, pets, special therapies, entertainment, and even vacation opportunities for the disabled child. A SNT can also purchase professional care management, which can enhance not only the dignity, but also the quality of life of a disabled child. In addition, it’s designed to work in partnership with any public benefits that a child may be receiving, such as Supplemental Security Income or Medicaid so that it doesn’t jeopardize those helpful tools. The purpose of a SNT is that it allows a senior citizen parent who cannot give the money directly to his or her disabled child to create a trust that can be used to provide for tender-loving-care “extras” of life. This trust can allow you to continue to provide love and protection for your child while simultaneously preserving his or her eligibility for public health and Medicaid benefits. It’s important to work with a qualified special needs attorney to put together a Special Needs Trust – it can help make the process much less complicated.  It’s no small feat to put together the appropriate plan to provide ongoing protection and care while avoiding putting public benefits at risk.    The results are well worth the effort to provide for someone you love, who desperately needs your lifelong care and protection. Call my office at the number below to schedule a consultation to talk about your special needs child or grandchild. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!  
0

by estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. In our last installment, we talked about what to do when someone recommends disinheriting your beloved child with a disability.  At Law Elder Law, we do not recommend this practice – because we believe in doing things a better way! Disinheriting the child means that you make sure that you do not leave any money to the child directly. This is part of an overly-simplistic idea that one should just leave extra money to one of the other children to provide care for the disabled child. I’ve seen too many times that this rarely works, even in the best of situations and in the best of families. Another consideration is Medicaid. If and when a senior citizen parent needs to apply for Medicaid, disinheriting becomes a disastrous idea! It is wrong for both the senior who needs to apply for Medicaid, and it would be wrong for accomplishing the goals of providing a lifetime of love and protection for the vulnerable adult child.   Instead, an elder law attorney like me can use special tools to help you care for your child the way you would care for them… which means more than just making sure they are fed and clothed. A wonderful option is the creation of a Special Needs Trust (SNT). This is an irrevocable trust, specially designed for the benefit of the child with a disability. Amazingly, there is no penalty for a transfer of assets from a Medicaid applicant to a special needs trust for their legally disabled child or grandchild. In my next blog post, we’ll talk more about the specific benefits of a SNT, and why it may be a good fit for you and your family.  It’s more than meets the eye, and can provide more than just basic food and shelter. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
0

By estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. If you have a special needs son or daughter in your life, you’ve inevitably considered what would become of him or her if you were no longer able to provide care.  As with all estate planning, the earlier you prepare, the better!  One couple I worked with decided it was time to get around to planning for their disabled son who lived with them, since they had birthdays coming up – she was turning 89 and he was turning 92! Sometimes when families bring in a professional caregiver for the aging parents, those same caregivers begin providing necessary services to the child with a disability. This raises new challenges for those parents and their children. Since these disabilities will last the lifetime of the affected individual, how can a parent be assured that a disabled child is going to be taken care of, after the parent is either gone or in a nursing home? Some attorneys recommend that you leave all your assets to another, non-disabled child and make that child the caregiver for the disabled sibling. This passing of the torch is often unfair – and in many ways ill-advised.  We do not believe disinheriting is the right choice. Of course, disinheriting the child means that you make sure that you do not leave any money to the child directly. This is part of an overly-simplistic idea that one should just leave extra money to one of the other children to provide care for the disabled child. I’ve seen too many times that this rarely works, even in the best of situations and in the best of families. Read on in the next installment of our blog to discover more hidden traps to avoid as you plan for your special child or grandchild. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
0

By estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. What will happen to your disabled loved one when you’re gone? As an elder law attorney, I often have to assist parents who have lived to an age where they become the “frail elderly” and are facing nursing home needs of their own – yet, these are the very people who are still required to be at home caring for their adult disabled child. Millions of parents want to protect a child with a disability such as autism, cerebral palsy, hearing loss, vision impairment, muscular dystrophy, genetic and chromosomal disorders, Down’s Syndrome, or one of a number of mental illnesses. (We’ll also talk in a later email about how to protect a child who does not have a traditionally-defined disability, but will never be able to handle money and also needs love and protection). It’s my job to take the hands of parents and grandparents, helping to guide them to peace of mind as they put up safeguards and protections for their child that will be in place long after they’re gone. The scary thing is that many people (even attorneys!) recommend that a parent disinherit their special needs child in order to allow them to continue receiving benefits and so as not to create more problems.  But I’m here to tell you that there is a better way – you can protect your child while making sure they will always have enough during their lifetime. As we delve into the tools I use to help families like yours, you’ll discover that you may want to make changes to better protect your loved ones.  Or, you may not want to wait for my next few emails – if that’s the case, simply call my office at the number below.  Every family is different, and I want your family to have the best possible outcome.  Let’s sit down together and talk about how to protect and provide for those you love – while you’re alive, and for the rest of their lifetimes. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
0

By estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. In my office, it’s not uncommon to sit across the table from an aged parent who is still the primary caregiver for a child who is chronically disabled. These parents live in dread of the day that they will die, but not for their own sakes.  It’s because they know that their children may survive them, facing a future without the loving protection of a parent. In many cases, the adult child is being cared for by a loving parent who is greatly worried about both how care will be provided and who will care for that child after they are gone. This is the first time in human history that millions of parents face the possibility that their chronically disabled children may actually outlive them.  If you have a child with special needs, you’ve likely taken great pains to ensure that your child has the right kind of care, love, respect and comfort he or she deserves. But what happens when you’re gone? As an elder law attorney, I often have to assist parents who have lived to an age where they become the “frail elderly” and are facing nursing home needs of their own – yet, these are the very people who are still required to be at home caring for their adult disabled child. Over the next few installments of this blog, we’ll talk about how to help protect your child or grandchild with a disability – and even a loved one who doesn’t have a well-defined disability, but is vulnerable due to addiction, a controlling partner, or just poor life choices. If you need help now, call my office immediately.  We’ll be able to give you a clear picture about whether we’re the right firm for you… or recommend another course of action if we’re not. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
0

By Elder Law attorney Rick Law, Senior Advocate and Managing Partner at the Estate Planning Center at Law Elder Law in Western Chicagoland. The reasoning behind a testamentary special-needs trust seems to be that it was apparent to the federal government that nobody is going to be transferring assets to a spouse to avoid Medicaid by choosing to die to get those assets transferred to the spouse.  Therefore, it is an allowable route to create a special-needs trust. Some of the spouse’s assets may be channeled into a special-needs trust for the benefit of the spouse and it will be an allowable transfer. One of the most difficult problems in dealing with a testamentary trust is that they do not begin to function until the death of the testator. There are many circumstances in which a special-needs trust may be needed prior to the death of the individual who may wish to fund a trust for a person with Alzheimer’s. Trusts written within a will are sometimes deemed to be “trapped inside the will.” This means that they are absolutely ineffective unless and until the grantor dies. The trust will be trapped inside the will when considering having a testamentary trust drafted. While these trusts can be a powerful tool, they are not the best tool for every situation. When considering a trust for your spouse, it is actually a requirement that a special-needs trust for a spouse be testamentary in order to protect the assets from Medicaid spend-down. In the case of anyone other than a spouse, there is no need for the trust to be testamentary. Any third party that is not legally responsible for the health care of an ill person may create a Medicaid no-payback special-needs trust for an ill person. They may use either an inter vivos trust or a testamentary trust to accomplish that goal. Another powerful tool is the third-party trust created for a public benefits recipient. Because this type of special-needs trust is more commonly used to protect a child with disabilities. In the end, when it comes to your estate plan, it is imperative that you don’t look at it as a cookie-cutter, fill out the standard form kind of deal.  Every family’s situation is unique and a qualified elder care attorney -as can be found in the team at Law Elder Law – is here to help you navigate these difficult legal challenges. If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.    Call 800-310-3100 for your free consultation now!
0

By Estate Planner Rick Law of the Estate Planning Center at Law Elder Law in Aurora, Illinois, in Western Chicagoland. One of the main goals in having a special-needs trust drawn up when dealing with Alzheimer’s is to make sure that your spouse is taken care of.  One way to protect the spouse is to draft a testamentary Special Needs Trust. A trust established by a will or a “testamentary trust” is established under the terms of a will and is only effective upon the individual’s death. A testamentary special-needs trust is created under a will and allows a community spouse (i.e., the non-institutionalized spouse) to leave assets for the benefit of the institutionalized spouse in order to cover supplemental needs not covered by Medicaid. Money stays in the trust until the institutionalized spouse needs such goods or services as differentials in the cost between private and shared rooms, dental procedures, hearing aids, dentures, special wheelchairs/mobility devices, and other quality-of-care needs not provided for by governmental benefits. The advantage of the testamentary special-needs trust is that while there may be substantial assets in trust for the institutionalized spouse, currently these assets may not be counted against the spouse for Medicaid eligibility purposes. Therefore, Medicaid coverage continues and there is a source of money available for additional or supplemental needs. If a trust is properly drafted and the proper strategy is used, and if a community spouse leaves the assets to the institutionalized spouse through a testamentary means, then potentially unlimited amounts of assets could be left for the beneficiary. This is because the person who is institutionalized is not treated as having those assets available to pay for care; the reason for that is because a properly drafted special-needs trust that is also properly funded in allowable manners has funds in it that are not treated as having come from the individuals themselves. Therefore, the amount of money in the trust is irrelevant because it didn’t come from someone who has a duty of care. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.   Call 800-310-3100 for your free consultation now!
0

By Estate Planning and Elder Law Attorney Rick Law of the Estate Planning Center at Law Elder Law.  Focusing on wills, trusts, medicaid crisis planning, guardianship, probate, and much more in the western Chicago suburb of Aurora, IL A properly drafted supplemental-needs trust that is funded appropriately is going to wind up in one of two categories: it may be a payback trust, meaning at the end of a person’s life any funds in the trust will need to be repaid to the state for a Medicaid lien, or it may be a non-payback trust.  Non-payback trusts most often are the special-needs trusts created by a third party where the third-party was never legally obligated to pay for the person’s health care. In too many circumstances, a special-needs trust is used that doesn’t fit the circumstances of an aged individual needing long-term care. The most common uses of special-needs trusts are to assist either younger individuals who receive monies from a personal injury award due to an accident, or a child with special needs who has been left money in the estate of a parent. These are more common types of special-needs trusts but they are not appropriate for elderly clients with Alzheimer’s disease. When trying to determine the proper use of a special-needs trust when dealing with a mature couple, lawyers are there to assist their clients in making sure that dignity is preserved for the ill spouse in the unlikely, but still extremely possible, event that the healthy spouse predeceases the ill spouse. One of the real challenges of trying to create a special-needs trust when one spouse is the grantor and the other spouse is to be the special needs trust beneficiary is that typical state and federal laws view spouses as having a duty of paying for the health care of their spouses. This concept goes back to the middle ages under common law; it was deemed that spouses have a duty to pay for the necessaries of their spouse and nothing could be more necessary than health care. However, with the proper planning and administration, the funds in such a trust may be devoted to enhancing the quality of life of a person with disabilities, while at the same time allowing the person to still qualify for as many governmental benefits as possible. If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
0

By Rick Law. Estate Planning Attorney and Senior Advocate at the Estate Planning Center of Law Elder Law just outside Chicago, Illinois. There may come a time when your loved one can no longer properly handle their personal and/or financial affairs. Nonetheless, they can be extraordinarily angry and combative when honest, reliable, and loving family members try to intercede on their behalf. These seniors are vulnerable to not only financial abuse, but physical harm as well. Our attorneys work tirelessly alongside of family members, police departments, and the courts to find the least burdensome way to respect a senior’s dignity but still attain authority for an honest and reliable person to make the decisions that need to be made. If you find yourself looking on helplessly as someone you love is being destroyed by dementia, mental health problems, addictions, or other powerful demons, call our office today. We will help you find out what to do if your loved one is desperate need of rescue. Our guardianship legal team is headed by Attorney Diana Law. Diana has substantial experience with private guardianships. A private guardianship is when we are hired by a family member to represent them in establishing a guardianship to protect a loved one. In addition to private guardianships, Diana also serves as the Kane County Public Guardian. In her role as the Public Guardian, she is appointed by the courts to serve those who do not have anyone to act as their protector. To reach Diana and her guardianship legal team, call Law Elder Law at 800-810-3100 or 630-585-5200. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.
0