Section Newsletters

Articles on Elder Law

Every will needs a paragraph allowing for a supplemental needs trust By Carl M. Webber & J. Amber Drew Elder Law, April 2013 A gift to a disabled person can result in automatic disqualification from a number of well-known government assistance programs.
1 comment (Most recent May 16, 2013)
Tips from Heckerling 2013 and beyond By Dennis J. Jacknewitz Trusts and Estates, March 2013 The author shares what he learned from Heckerling and in the months since the conference in light of the new American Taxpayer Relief Act of 2012.
Help hospice out of the closet By Daniel M. Moore, Jr. Elder Law, December 2012 While the present dichotomy of curative versus hospice care exists, elder law attorneys can play a helpful, healthful role by apprising their clients making health care advance directives of the potential advantages of hospice at a future time. 
Senior tax exemptions By Leonard F. Amari & Katherine O’Dell Senior Lawyers, October 2012 With just short of 300,000 seniors losing their Senior Citizen exemptions in Cook County, many of us can expect calls from our elderly clients asking the questions addressed in this article.
2 comments (Most recent November 19, 2012)
Proactive and crisis planning strategies under DRA and the SMART Act By Teresa Nuccio Trusts and Estates, July 2012 A highlight of the major changes under DRA and the SMART Act and will outline both proactive and crisis planning strategies that remain viable.
A lawyer’s guide to the DSM IV TR© By Rory Weiler Elder Law, June 2012 The DSM IV TR (“text revision”) is the latest authoritative compilation of categorization and classification of mood, medical and personality disorders affecting human beings.
PART III—Implementation by the Illinois Department of Health and Family Services of the Federal Deficit Reduction Act of 2005 (DRA) By Anthony B. Ferraro Elder Law, June 2012 The third and final installment in a series of three articles summarizing the implementation by the Illinois Department of Health and Family Services (Department) of the Federal Deficit Reduction Act of 2005 (DRA).
The Center for Elder Law publishes study on the mediator’s role By Casey Harter Alternative Dispute Resolution, May 2012 Elder mediation is growing and, as a result, basic rules and regulations need to be placed in order to better serve the needs of older adults.
2012 Elder law desk reference: Important numbers to remember By Martin W. Siemer Elder Law, February 2012 Keep this list handy for quick and easy reference!
Florida Supreme Court decisions address the validity of nursing-home arbitration agreements By Em Rademaker Alternative Dispute Resolution, February 2012 Late in 2011 the Supreme Court of Florida issued two new decisions, finding that nursing home residents may not be obligated to arbitrate under an arbitration agreement that undermines their statutory rights
Mediations involving seniors By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, February 2012 Elder law and mediation in Illinois is growing, but some challenges particular to elder law disputes should be considered.
1 comment (Most recent February 17, 2012)
PART II—Implementation by the Illinois Department of Health and Family Services of the Federal Deficit Reduction Act of 2005 (DRA) By Anthony B. Ferraro Elder Law, February 2012 This is the second installment in a series of three articles summarizing the implementation by the Illinois Department of Healthcare and Family Services of the Federal Deficit Reduction Act of 2005. 
When age matters: Towards an international convention on the rights of older persons By Erin M. Doyle Elder Law, February 2012 This article provides a brief overview of the efforts undertaken by the international community to address the ever-increasing human rights challenges and issues faced by older persons.
When age matters: Towards an international convention on the rights of older persons By Erin M. Doyle International and Immigration Law, January 2012 As the global population continues to age, the international community must address questions such as whether the rights of older persons can be promoted through existing instruments or whether a new treaty is needed. This article provides a brief overview of the efforts already undertaken. 
Implementation by the Illinois Department of Health and Family Services of the Federal Deficit Reduction Act of 2005 By Anthony B. Ferraro Elder Law, December 2011 A summary of the Federal Deficit Reduction Act of 2005, implemented by the Illinois Department of Health and Family Services.
Summary of DRA changes that will affect your clients and how you process their Medicaid applications By Kerry R. Peck & Diana M. Law Elder Law, December 2011 A summary of the major changes going into effect on January 1, 2012.
Casenote By John W. Foltz Elder Law, June 2011 The facts of Carlson v. Glueckert illustrate the difficulty for a layman in preparing their own power of attorney.
Cook County Circuit Court nears implementation of Elder Law Division By Anthony J. DelGiorno Elder Law, June 2011 The Honorable Patricia Banks has been named as the presiding judge of the new division, which she hopes will be up and running sometime in 2011.
“Elder Law Issues for Everyone: Your Aging Clients, Their Parents and You”—A great success! By Mary F. Petruchius Women and the Law, June 2011 A recap of the recent CLE program co-sponsored by the Women and The Law Committee.
JCAR kills proposed HFS rules implementing DRA By Anthony J. DelGiorno Elder Law, June 2011 At its May 10, 2011 hearing, the Illinois Legislature's Joint Committee on Administrative Rules committee moved to a final vote and unanimously rejected the Department’s proposed rules to implement the Deficit Reduction Act and its revisions to Medicaid and asset transfer allowances.
Poruba v. Poruba: Partitioning a life estate from a remainder interest By Michael R. Lucas Elder Law, June 2011 In Poruba v. Poruba, the Appellate Court affirmed the trial court’s dismissal of the plaintiff’s action finding that a single life tenant has no authority to force a partition upon a single remainderman.
Refusal to disclose assets By Steven C. Perlis Elder Law, June 2011 Under current Department of Human Services policy, the community spouse may elect not to disclose assets that have been held separately by the community spouse longer than the applicable look-back period.
2011 Elder Law Quick Guide: Important numbers to remember Elder Law, February 2011 A quick reference guide to Medicare/Medicaid facts and figures.
Estate of Henry continues to make waves By Amanda M. Byrne Elder Law, February 2011 The two related cases, Henry III and Henry IV, involve a judgment that was upheld on appeal on behalf of Richard V. Henry, an elderly and infirm former attorney, against one of his caretakers.
Shades of gray matter: Serving the client with diminishing capacity By Daniel M. Moore Elder Law, February 2011 The likelihood elder law attorneys will be dealing with greater numbers of clients with diminished capacity continues to increase. New Rule 1.14 of the Illinois Rules of Professional Conduct and the ABA/APA Handbook for Lawyers can work together to best maintain the normal client-lawyer relationship.
Who’s in charge? By Lee Beneze & Anthony J. DelGiorno Elder Law, February 2011 Important contact information for Congressional leadership.
New Medicaid rules harm women, seniors By Diana M. Law Women and the Law, October 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money for any reason to family members and charities, since it presumes the money was transferred to qualify for Medicaid long-term care benefits.
A nursing home can recover its fees for care under quantum meruit despite the lack of a written contract as required by The Nursing Home Care Act By Donald A. LoBue Elder Law, August 2010 A look at the recent case of The Carlton At The Lake, Inc. v. Barber.
A frequently asked question of elder law attorneys By Ford C. June, III Elder Law, June 2010 A description of Illinois' Health Care Surrogate Act.
New senior minefield: The DRA comes to Illinois Elder Law, June 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.

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