OBRA 93 Statutory Authority

1. Pursuant to Illinois Probate Act, 755 ILCS 5/11a-18(a-5(11) a guardian is required to investigate and pursue a ward's eligibility for government benefits.

2. Legislative History of the OBRA'93 Payback Trusts: On August 10, 1993, OBRA '93 became effective and, allowed for the creation of three types of disability trusts. 42 UCS section 1396p(b). On July 26, 1994, Illinois enabling legislation became effective mandating the Illinois Dept. of Public Aid (IDPA) to comply fully with federal law. Illinois Public Aid Code, 305 ILCS 5/5-2.1a. On February 27, 1995, IPDA promulgated regulations providing for the state's implementation of (d)(4)(A) and (d)(4)(C). 89 Illinois Administrative Code sections 120.347(d)(1) and (2) (1995). Effective January 1, 1996, the Illinois Trust and Trustees Act was amended to provide for disability trusts (760 ILCS 5/15.1). Effective January 1, 2020, the Illinois Trust and Trustees Act was repealed and replaced with the Illinois Trust Code, which also provides for disability trusts (760 ILCS 3/509).

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Documents Needed for a Medicaid Application

MEDICAID APPLICATION DOCUMENTS

• DRIVERS LICENSE, PHOTO ID CARD, OR PASSPORT
• SOCIAL SECURITY CARD FOR APPLICANT (and spouse if living)
• RED, WHITE, AND BLUE MEDICARE CARD
• HEALTH INSURANCE CARDS, PREMIUM AMOUNT STATEMENT
• BIRTH CERTIFICATES FOR APPLICANT (naturalization papers for immigrants) MARRIAGE CERTIFICATE (if married)

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Excerpts from the Illinois Powers of Attorney for Health Care Law

§ 4-5. Limitations on health care agencies. Neither the attending physician nor any other health care provider or health care professional may act as agent under a health care agency; however, a person who is not administering health care to the patient may act as health care agent for the patient even though the person is a physician or otherwise licensed, certified, authorized, or permitted by law to administer health care in the ordinary course of business or the practice of a profession.

§ 4-6. Revocation and amendment of health care agencies.

(a) Unless the principal elects a delayed revocation period pursuant to subsection (a-5), every health care agency may be revoked by the principal at any time, without regard to the principal's mental or physical condition, by any of the following methods:

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Probate and Decedents' Estates

Carol A. Nolan is a 1992 Magna Cum Laude and Most Outstanding Woman Graduate from Northern Illinois University, and a 1995 graduate of Northern Illinois University College of Law. Ms. Nolan concentrates her practice in the areas of elder law (including Medicaid and disability issues), estate planning (including special needs trusts), and probate and trust administration. She is a solo practitioner, and her office is located in Lisle, Illinois.

Ms. Nolan is a member of the Illinois State Bar Association, National Academy of Elder Law Attorneys, DuPage County Bar Association, DuPage Association of Women Lawyers, DuPage Estate Planning Council, and the Association of Senior Service Providers. She is a frequent speaker on probate and elder law issues for the Illinois State Bar Association, the National Business Institute, the DuPage County Bar Association, and the DuPage Association of Women Lawyers. She has authored articles on disability planning, probate and trust administration.

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