Section Newsletter Articles on Elder Law

In-Sites Government Lawyers, September 2008 Although we covered this topic a few years ago, Web sites have improved, so we revisit the topic of hospitals and nursing home ratings.
A woman’s nightmare: Long-term care—Two elder law attorneys’ perspectives By Rick L. Law and Diana M. Law Women and the Law, June 2008 He looked into his wife’s eyes and flatly stated, “I’ll put a gun to my head before I ever go to a nursing home.”
The growing epidemic of elder abuse: Recommendations for proactive judicial solutions By Judge Patrick T. Murphy Elder Law, May 2008 Financial abuse of the elderly is becoming a national epidemic. Because of the advances in medical science and our knowledge of healthier approaches to life, we are living longer.
DESK REFERENCE: 2008 Numbers and statistics By Martin W. Siemer Elder Law, February 2008 Part A deductible per benefit period: $1,024
Illinois Supreme Court to review the Fourth District Appellate Court’s decision in the Poindexter case By Constance B. Renzi Elder Law, December 2007 The Appellate Court of the Fourth District has recently held that the Medicare Catastrophic Coverage Act of 1988 (MCCA) neither expressly, nor implicitly preempts state spousal support statutes.
The Practitioner’s Guide to the Illinois Department on Aging By Kristi Vetri Elder Law, December 2007 As elder law attorneys, we are expected to know about numerous issues affecting our clients’ lives and put together a plan for their care and protection.
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: Estate of Howell, ___Ill.App. 3d___ 2007 WL 1246972 (Ill.App. 5 Dist. 2007) By Edward J. Mitchell Elder Law, June 2007 The Howell case involved the estate of Fred W. Howell. Mr. Howell passed away.
Case Note: Grate v. Grzetich, 2007 WL 1345247 (Ill.App.3 Dist. 2007) By Edward J. Mitchell Elder Law, June 2007 The Grate case involved a suit filed by Sue Grate, the guardian of the estate of Catherine Grzetich against Edward Grzetich who acted as a trustee of a testamentary trust created by John Grzetich who died in 1980.
Notes on the 33rd annual meeting of local area agencies on aging By Ann B. Conroy Elder Law, June 2007 Sandy Markwood, CEO of the National Association of Area Agencies on Aging (cutely nicknamed N4A), proved to be an energetic Keynote speaker at the thirty-third annual meeting of the eight-county Northeastern Illinois Area Agency on Aging in Aurora, on April 13, 2007.
Case Note: Estate of Kohlenbrener, 356 Ill.App.3d 414 (1st Dist. 2005) By John W. Foltz Elder Law, May 2007 In the Kohlenbrener case, the court had to decide whether a fee agreement between the decedent and two lawyers survived the decedent’s death.
Case Note: Estate of Lower, 365 Ill.App.3d 469 (2nd Dist. 2006) By John W. Foltz Elder Law, May 2007 The Probate Act allows a certain class of people to file a custodial claim against a decedent’s estate.
Elder notes By Peter R. Olson Elder Law, May 2007 The following is a list of General Assembly bills alive:
Estate and gift tax update By Robert J. Krupp Elder Law, May 2007 Husband and Wife established an irrevocable life insurance trust for the benefit of their children by transferring two life insurance policies to the trust.
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.