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Special Needs & Disability Planning in Illinois
Planning for a family member with a disability means thinking beyond a will. In Illinois, the tools that protect a loved one's future are specific. Getting them wrong can put access to essential benefits like SSI and Medicaid at risk, and the consequences can be difficult to undo. The Law Office of Andrew J. Mertzenich helps Rockford-area families set up special needs trusts and other disability planning documents that work the way they need to, so your loved one is cared for and their benefits stay intact.
Why a regular inheritance can cause problems
When a person with a disability receives an outright inheritance, money left directly to them in a will, it can disqualify them from SSI and Medicaid. Both programs have strict asset limits. A gift meant to help can instead create a benefits gap that is expensive and stressful to resolve. A properly drafted special needs trust avoids this entirely.
What a special needs trust does
A special needs trust, also called a supplemental needs trust in Illinois, holds assets for the benefit of a person with a disability without counting as their own property for purposes of SSI and Medicaid eligibility. The trust can pay for things benefits do not cover: education, transportation, hobbies, personal care items, technology, and social experiences that improve quality of life.
The trust is managed by a trustee, either a person you name or a professional trustee, who makes distributions on behalf of the beneficiary according to the terms you set. You can fund it while you are alive, through your will, or through a life insurance policy.
Who a special needs trust is for
Special needs planning in Illinois is worth considering for families in a range of situations:
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A child with an intellectual or developmental disability who receives or may one day receive SSI or Medicaid
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An adult family member with a physical disability who depends on public benefits
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A person who acquired a disability later in life and needs their existing benefits protected going forward
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Parents who want to make sure their child with a disability is cared for after they are gone
Supported Decision-Making Agreements
Not every person with a disability needs a guardian. Illinois law recognizes a Supported Decision-Making Agreement, which allows an adult with an intellectual, developmental, or age-related disability to make their own decisions with the help of trusted supporters. Those supporters can be family members, friends, or professionals. They help without removing the person's legal rights. This is a less restrictive alternative to guardianship that preserves the person's autonomy while building a network of support around them. It is a written, signed agreement that names the supporters and describes what kinds of decisions they help with.
Frequently asked questions
What's my next step?
Ready to talk through your family's situation? Call 815-420-8261 or reach out through the contact page. The office is fully wheelchair accessible, and virtual consultations are available by phone or video.