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 Effective January 1, 2020, the Illinois Trust and Trustees Act was repealed and replaced with the Illinois Trust Code, which also provides for disability trusts (760 ILCS 3/509).

Read More

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)

Read More

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:

Read More

Dealing With Issues of Competency

By: Carol A. Nolan

This article discusses estate planning documents and court procedures that manage an Illinois resident's personal and financial decisions once he or she is unable to make those decisions because of incompetence. The author reviewed the benefits and disadvantages of powers of attorney for healthcare and property, revocable living trusts, and guardianship. The article also analyzes probate issues and factors to consider when deciding whether to avoid or embrace guardianship. The author concluded that powers of attorney and living trusts are effective tools to manage disability and avoid guardianship; however, the involvement of a guardianship court is sometimes desirable.

As the population grows older, legal issues of mental incompetence are taking on greater significance. Recent changes in the federal estate tax laws have also placed a greater emphasis on the non-tax aspects of estate planning. Planning for a client's possible disability and the continued management of his or her assets are therefore crucial issues for Illinois attorneys.

Read More