Publications

Section Newsletter Articles on Elder Law

Reconciliation of apparent conflict between state and federal law by Supreme Court holds that community spouses are liable for certain long-term care costs By John W. Foltz Elder Law, January 2009 A summary of the case of Poindexter v. Department of Human Services, 229 Ill. 2d 194 (May 27, 2008).
Financial abuse of the elderly: An overview By Elizabeth Fink Elder Law, September 2008 The purpose of this article is to educate on elder abuse issues, specifically the financial exploitation of the elderly.
Have you received your economic stimulus payment? Retirees, disabled veterans and low-wage workers still have time to file By Kristi Vetri Elder Law, September 2008 As of June 2008, the IRS had issued 76.1 million payments worth $63.8 billion based on 2007 tax returns processed so far. The agency expects to issue 124 million payments to Americans by year’s end.
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.
The origin of an elder law attorney By Michael H. Erde Elder Law, November 2006 My grandfather may have been the first person to influence my eventual development as an Elder Law Attorney.
Practice Tip: Deducting care costs By Nancy R. Larson Elder Law, November 2006 Deducting care costs as a medical expense on a U.S. 1040 Federal Income Tax Return helps soften the blow of the cost for the client.
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 Hines case—The story behind the story By Steven C. Perlis Elder Law, June 2006 On the surface, the unanimous slip decision in favor of the Probate estate is a victory for Medicaid planners.
Casenote: In re: Kohlenbrener v. North Suburban Clinic, Ltd. 356 ILL.APP.3D 414 (1ST DIST. 2005) By John W. Foltz Elder Law, May 2006 Does a fee agreement between an attorney and a client terminate at the client’s death?
Elder notes Elder Law, May 2006 Power of Attorney Act amendment. SB 2601, which has passed both houses of the Illinois General Assembly, is expected to be signed by Governor Blagojevich within the next 30 days.
Estate and gift tax update By Sarah Delano Pavlik Elder Law, May 2006 New Amounts for 2006. The following amounts became effective on January 1, 2006: