Your client asks why her 35-year-old bipolar daughter no longer qualifies for SSI or Medicaid and has been warned to leave her Section 8 apartment.

It turns out that the client’s recently deceased brother left $50,000 to each nephew and niece, making the daughter ineligible for key government benefits.

As often happens with incapacitating disorders, the daughter's schizophrenia didn't manifest until later in life. But, as Carl M. Webber and J. Amber Drew explain in the latest ISBA Elder Law newsletter, "[a]ny beneficiary can become disabled at any time. A will speaks as of the future date of death and should protect beneficiaries who may become disabled during the time between the execution of the will and the death of the testator."

How to do it? "In all cases, a will should include a paragraph that allows the executor to set up Supplemental Needs Trusts, if, at the time of the death of the testator, any beneficiaries qualify under the Social Security Administration’s definition of 'disabled,'” they write. Find out more and view a sample trust provision.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. Our firm is a 12 attorney firm located in downtown Chicago. We have 8 partners and 4 associates. We are considering making a change to our associate compensation system. Currently associates are paid a salary plus a discretionary bonus at the end of the year. We are considering continuing to pay them a salary plus 60% of any business they bring in (origination). Does this plan make sense?

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Body attachments and child support (House Bill 2473), Juvenile Court Act (House Bill 3172), Right to Privacy in the Workplace Act (Senate Bill 2306), Medical cannabis (House Bill 1), Juvenile court jurisdiction (House Bill 2404) and Real estate documents and thumbprints (House Bill 2269). More information on each bill is available below the video.

Round Lake Park Police Chief George Filenko (middle) received the 2013 Law Enforcement Award from the Illinois State Bar Association (ISBA) at a luncheon and awards presentation held during National Crime Victims’ Rights Week, on April 23, at the Gurnee Park District, Viking Park Hall, in Gurnee. ISBA Executive Director Robert Craghead (left) presented the award.The event was sponsored by the Lake County State’s Attorney’s Office and the Lake County Chiefs of Police Association.

The ISBA’s Law Enforcement Award was created to recognize sworn law enforcement officers for conduct that promotes justice and to distinguish those individuals whose service to the public brings honor and respect to the entire criminal justice system. It is given sparingly to recognize those who truly excel in the field of law enforcement. 

In addition to fulfilling his professional duties, Chief Filenko has made numerous other contributions to the community where he works and lives. As the Commander of Lake County Major Crimes Task Force, he has fostered an extraordinary level of cooperation between task force members and the 35 communities it serves. He is a past president of the Lake County Chiefs of Police and chair of its Police Gang Committee.

Clerk of the Circuit Court Keith S. Brin is proud to announce the Public Access System developed by his office has gone live today. They Public Access System can be accessed through the Clerk of the Circuit Court's Website www.lakecountyil.gov/CircuitClerk/Pages/default.aspx or directly at circuitclerk.lakecountyil.gov/publicAccess/jsp/common/index.jsf 

Part-one of a two-part initiative developed by Brin who just marked his first hundred days in office, the Public Access System provides a secure way for individuals to obtain basic information on any court case in Lake County -- from checking on a future court date and amounts due, to parties involved in a case. The second of Brin's two-pronged initiative, Electronic Filing, will be launched for public use this fall.

"It's not an 8:30 to 5:00 world anymore, we live in an age of technology and information." said Brin. "In the private sector companies implement technology to remove barriers and make doing business easier, less expensive and more efficient for the customer -- this is exactly what my office has done with the implementation of the Public Access System," the Circuit Clerk explained.