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Supplemental Needs Trusts and Recoveries under the Federal Tort Claim Act

When settling an injury case for a client who has a disability, it is important to consider whether a proposed settlement should be transferred to an exempt trust pursuant to 42 U.S.C. 1396p (d)(4)(A) or (C) in order to protect the client’s eligibility for needs based government benefits, such as Medicaid or Supplemental Security Income…

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When is an Exempt Trust under 42 U.S.C.(d)(4)(A) or (C) Not the Right Choice or the Only Choice to Hold Proceeds from an Injury Settlement

Merely because the injured party meets the Social Security definition of disability, the attorney should not automatically assume the exempt trust under 42 U.S.C. (d)(4)(A) or (C) is the right approach.   Generally, a person with a disability cannot convert his non-exempt assets to non-countable assets for government benefits purposes by transferring them to a trust…

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Nursing Home States Cause of Action in Quantum Meruit for services rendered to patient despite there being no written contract as required by the Nursing Home Care Act, 210 ILCS 45/1-101 et seq. (West 2008)

Nursing Home sued husband and his wife for failure to pay for over $134,000 for husband’s care and treatment.  Neither the husband nor his wife signed the contract outlining the services to be provided and the costs.  The Nursing Home sued Husband for breach of contract and sued the wife under the Family Expense Act.  …

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Health Reform for Americans with Disabilities

On March 23, 2010 President Obama signed the Patient Protection and Affordable Care Act into law, as amended by the Health Care and Education Reconciliation Act of 2010 (“Health Care Reform”).  Here are some highlights of the Health Care Reform legislation intended to provide greater access to health insurance coverage for individuals with disabilities.  Health…

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New Tax Planning Option if in the Market for Long Term Care Insurance

Two important changes regarding Long Term Care Insurance have come into effect. Starting January 1, 2010: (a) Distributions from non-qualified annuities and life insurance which have a long-term care insurance rider are tax-free when used to pay long-term care costs; and (b) non-qualified annuities and life insurance can be exchanged tax-free via a so-called “1034…

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Passing on Passwords: Your Online Legacy

If you manage your financial assets online, pay bills online, bank online, use photo sites, participate in virtual communities or simply use email, it is important that you consider how your family will access those accounts should you become incapacitated or upon death.   Many popular Internet services have policies barring access, short of a court…

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