Using resulting trusts to fix DIY blundersSeptember 2015Article, Page 23A decedent trying to avoid probate creates a joint tenancy with only one child, who then can't divvy up the estate without paying gift tax. Consider using a resulting trust to clean up the mess.
Adult Protective Services investigations into abuse of disabled adultsApril 2015Illinois Law Update, Page 16Whereas before the Department of Human Services' Office of Inspector General would investigate allegations of abuse, neglect, and financial exploitation of adults, Public Act 98-0049 transferred that responsibility to the Illinois Department of Aging ("IDoA").
Estate Planners Adopt and Adapt the New HCPOA FormBy Ed FinkelApril 2015Article, Page 20Illinois has a new, plain-language statutory health care power of attorney, and lawyers are getting used to it – and, in some cases, tweaking it to suit their practices.
Coming soon: bed reserves permitted in nursing and mental health facilitiesMarch 2015Illinois Law Update, Page 20The Illinois Public Aid Code has been amended by specifying that effective June 1, 2015, payments will be authorized for bed reserves in nursing facilities and mental health facilities that are at least 90% occupied and have at least 80% of their occupants being Medicaid eligible.
Home-care service record-keeping requirementsMay 2014Illinois Law Update, Page 220The Department on Aging now mandates that all in-home service providers maintain electronic visit verification records to confirm the work of all home-care aids. 89 Ill. Adm. Code 240 (eff. Feb. 21, 2014).
Bump in social security benefitsDecember 2013Illinois Law Update, Page 612The allowance for aged, blind, and disabled recipients of supplemental security income (SSI) recently increased from $519.90 to $531.90. 89 Ill. Adm. Code 113.
Estate Planning for Clients Who Don’tBy Regina RathnauMarch 2013Article, Page 138Even when clients resist comprehensive estate planning you can help them better prepare for the inevitable.
Implementation of the Assisted Living and Shared Housing Establishment CodeNovember 2012Illinois Law Update, Page 580The Assisted Living and Shared Housing Act (the "Act") provides for the operation of assisted living and shared housing establishments based on a residential model intended to promote independence, autonomy, privacy and dignity of its residents, as well as greater family and community involvement. 210 ILCS 9/5.
Paying for Long-Term Care in IllinoisBy William Siebers and Zach HesselbaumOctober 2012Article, Page 536There are five ways to pay for long-term care in Illinois. This article discusses all five and brings you the latest on the ever-shifting Medicaid and Veterans' Administration rules.
New Long-Term Care Medicaid Rules Finally Come to IllinoisBy Diana Law and William SiebersJanuary 2012Article, Page 30Effective January 1, Illinois finally brought its Medicaid rules for long-term care into compliance with federal requirements. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility. Here's what you need to know.
Update of the Elder and Neglect ProgramAugust 2011Illinois Law Update, Page 388The Department on Aging updated the Elder and Neglect Program. 89 Ill Adm Code 270. Some key new sections and amendments will be examined in this article, but the entire section should be consulted to see all updated rules.
Illinois amends community care program for elderlyJune 2010Illinois Law Update, Page 292The Illinois Department on Aging (the department) modified the state's community care program to add an emergency home response service (EHRS) as a core service under the program.
Five Wishes: “zero cases of litigation”June 2009Column, Page 274We're flattered that authors Koenig and Hyde ("Be Careful What You Wish For: Analyzing the Five Wishes Advance Directive," IBJ May 2009) pored over our document, and as would a law student studying a model contract, found areas that might-could-maybe-potentially become a problem.
Community Care Program updatedMarch 2009Illinois Law Update, Page 122The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.
Illinois Act on Aging amended. PA 095-0565July 2008Illinois Law Update, Page 340The Illinois General Assembly has amended the Illinois Act on Aging. 20 ILCS 105/4.02. Section 4.02 of the Act, titled "Community Care Program" has been changed by deleting language naming "home health services," "home nursing services," and "chore and housekeeping services," and adding subsections (k-6) through (k-8).
Stepping up the fight against elder abuseBy Helen W. GunnarssonJuly 2008LawPulse, Page 334A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.
Cashing in on home sweet homeBy Helen W. GunnarssonApril 2008LawPulse, Page 174Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.
Nursing Home Care Act amended. PA 095-0031January 2008Illinois Law Update, Page 16The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.
Ex post facto Medicaid “planning”By Helen W. GunnarssonNovember 2007LawPulse, Page 570May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.