Publications

Section Newsletter Articles on Elder Law

How to make a summary care plan By Michael H. Erde Elder Law, October 2007 When the family of a disabled person comes to see you, they are usually very excited, stressed, and under a lot of emotional and financial pressure.
When Grandma and Grandpa can’t pay their bills By Eugenia C. Hunter Elder Law, October 2007 Increasingly, senior citizens are overwhelmed by debt caused by decreased income, credit card interest, medical bills and loans to adult children.
Case Note: Poindexter, ET. Al. v. State of Illinois ex rel. Dept. of Human Services By Elizabeth Anderson Elder Law, February 2007 Does the Medicare Catastrophic Coverage Act preempt the spousal support provisions of article X of the Illinois Public Aid Code?
Elder notes By Peter R. Olson Elder Law, February 2007 Elder Abuse and Neglect Act amendments provide new power to intervene
Section Council to present CLE on assessing capacity Elder Law, February 2007 The Elder Law Section Council will present a full-day Continuing Legal Education seminar entitled Assessing the Capacity of an Estate Planning Client and Implications for Representation on April 6, 2007 in Chicago.
Elder notes Elder Law, November 2006 New visitation rights available for grandparents. Effective January 1, 2007, Public Act 94-1026 amends section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.
Legislation update of interest to the general practitioner By J.A. Sebastian General Practice, Solo, and Small Firm, July 2006 The following is a summary of recent legislative action of interest to ISBA General Practice, Solo and Small Firm section members.
Elder notes Elder Law, June 2006 Legislation of interest to elder law practitioners.
The Bankruptcy Abuse Prevention and Consumer Act of 2005 and its impact on seniors By Roza Gossage Elder Law, February 2006 The U.S. Congress has drastically revised the procedures and rules relating to the filing and discharge of a debtor in bankruptcy.
Elder notes Elder Law, November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.
Casenote: Estate recovery against the estate of medicaid recipient’s surviving spouse violates federal law By Charles LeFebvre Elder Law, June 2005 The case of Hines v. Department of Public Aid, No. 3-04-0162, 2005 WL 1218677 (May 20, 2005), arose after the department provided Medicaid benefits to Julius Hines from August 1994 until his death in July 1997.
Here’s why you should know about the Statutory Declaration for Mental Health Treatment By Charles LeFebvre Elder Law, June 2005 A durable health care power of attorney can be a useful instrument for assisting clients as part of an estate plan or, in the case of aging clients, to address specific concerns that the client may have medical needs and be incapable of using appropriate judgment when these needs arise due to mental deterioration.
What is the Circuit Breaker Program? By Lee Beneze Elder Law, June 2005 Circuit Breaker is a program to assist seniors, administered by the Illinois Department on Aging. Until recently, the program was administered by the Illinois Department of Revenue.
Terri’s Law: Lessons learned, hard lessons avoided By William L. Cleaver Elder Law, June 2004 The tragic legal odyssey of Terri Schiavo continues. Ms. Schiavo is the 40-year-old woman in Florida who has been in a persistent vegetative state for 10 years.
Coping with declining health and finances: Ideas, thoughts, and suggestions for your Powers of Attorney By Paul A. Meints Elder Law, March 2004 The following items are some thoughts and suggestions, including sample drafting, for keeping your documents current.
Dementia patients and the criminal justice system By John W. Foltz Elder Law, March 2004 What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
The elder boom: Are you ready? By Daniel M. Moore Elder Law, March 2004 The python is about to have another case of indigestion. The front end of the Boomer generation, likened by some to a pig in a long, extended python of flat birth rates, is about to enter its 'elderly' phase.
New federal prescription drug discount programs By Marc R. Miller Elder Law, March 2004 The President recently signed into law the Medicare Prescription Drug, Improvement and Modernization Act of 2003.
Check out the elder law Web site By John W. Foltz Elder Law, April 2003 Each section of the ISBA has its own Web site with some interesting and useful information relating to that section's area of practice.
Anatomical gifts: The ultimate recycle By Daniel M. Moore Elder Law, December 2002 Disposition of the body is probably one of the most difficult issues with which human beings and their loved ones ought to deal in life and estate planning.
Book review: Representing the Elderly Client: Law and Practice By Constance B. Renzi Elder Law, May 2002 Representing the Elderly Client: Law and Practice, written by Thomas D. Begley, Jr. and Jo-Anne Herina Jeffreys and published by Panel Publishers, will be a welcome addition to the library of the elder law attorney.
The special needs of the elderly in the courtroom By Susan Dawson-Tibbits Elder Law, October 2001 Most attorneys who practice in the area of elder law are aware of the unique challenges facing the older person.
The double helix: ID 2000 By Daniel M. Moore Elder Law, November 1999 It can't be forged. It can't be lost. It's good for our lifetimes--and even beyond. It courses through our veins, it's in our bones and in every cell of our bodies, and each of us has a very unique one.
Shades of gray matter: The decisional capacity dilemma in advance directives By Daniel M. Moore Elder Law, June 1999 This article deals with a serious matter confronted at different times by lawyers and health care providers.