| Many Naperville families have disabled parents, | | | | taxes will be paid first before this claim. The |
| siblings or children that they take care of. In | | | | amount of any funds paid to the caretaker for |
| fact, the generation that cares for elderly parents | | | | this claim are treated as income to the caretaker |
| and for their own children at the same time is | | | | and that caretaker will owe federal and state and |
| known as the "sandwich generation." The | | | | self employment taxes on the income which is |
| sandwich generation is in a difficult situation. | | | | treated as compensation for services. |
| Their disabled parent may have some money, but | | | | |
| not enough for caretaking without the help of | | | | The amount of the claim is determined by the |
| family members. The family members may | | | | court and is based upon the nature and extent of |
| have to pass on their own opportunities to earn | | | | the person's disability, taking into account the |
| income to take care of their disabled family | | | | assets available and the lost employment |
| members. | | | | opportunities of the caretaker, the lost lifestyle |
| | | | | opportunities of the caretaker and the emotional |
| In order to compensate that family caretaker and | | | | distress that the caretaker had gone through to |
| to promote a family member taking care of a | | | | take care of the disabled person. |
| disabled parent, sibling or child, there is a part of | | | | |
| the Illinois Probate Act that was enacted back in | | | | In 2008, the statute was amended and minimum |
| 1988, which allowed the family caretaker to file a | | | | amounts were set. For instance, if the person is |
| claim in probate court for their services, after the | | | | deemed to have had a 25% disability, the |
| disabled individual's death. This statute overrides | | | | minimum amount would be $45,000. If the |
| the presumption that all services provided by | | | | disabled person had a 50% disability, the amount |
| family members are meant to be a gift by that | | | | would be $90,000, $135,000 for 75% disability and |
| family member. | | | | $180,000 for a 100% disability. The statute |
| | | | | allows the court to consider reducing these |
| To qualify under this section of the law, the | | | | amounts by any benefit that the caretaker |
| caretaker has to be a spouse, a parent, brother | | | | received from the disabled person such as free |
| or sister or child of the disabled person. The | | | | housing costs or other separate financial benefits |
| caretaker also has to be living with and personally | | | | given to the caretaker. |
| caring for the disabled person for at least 3 | | | | |
| years. Then the caretaker has to file a claim | | | | For the family member who is interested in taking |
| with the probate estate during the six-month | | | | care of a disabled family member, this may be |
| statutory claims period. This will allow the | | | | helpful to address the caretaker's lost |
| caretaker to receive assets from the estate | | | | employment and other opportunities while caring |
| before other family members who were not | | | | for the disabled family member. |
| caretakers, but the federal and state estate | | | | |