760 ILCS 5/15.1

Spain, Spain & Varnet P.C. rewrote this section on trusts for a beneficiary with a disability to include the then new OBRA ’93 federal legislation. That legislation authorizes the creation of a special needs trust funded with assets belonging to an individual under the age of 65 with a disability, as long as the state receives any money remaining in the trust at the individual’s death up to the amount of Medicaid benefits received by the beneficiary. The OBRA ’93 legislation also authorizes certain other trusts and transfers. These provisions are in addition to special needs trusts created with funds from a third party, which trusts do not generally require reimbursement to the state at the beneficiary’s death.

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