The newsletter of the ISBA’s Section on Elder Law
Browse articles by year: 2013 (16)
Newsletter articles from 2003
Check out the elder law Web site
Each section of the ISBA has its own Web site with some interesting and useful information relating to that section's area of practice.
Do-It-Yourself Will kit—For a few dollars more
Call me a glutton for punishment, but when I saw the ad in a recent Sunday news magazine for the Do-It-Yourself Will kit, I was sure that with the passage of time to further research and develop, the gaps I had found in past publications would have been filled in.
GAO reports to Congress: Patient neglect worse than reported by CMS
The Government Accounting Office (GAO), the investigative arm of Congress, recently reported (July 2003) its findings of quality-of-care conditions in nursing homes, that during the period of July 11, 2000 to January 31, 2002, about 3,500 nursing homes were cited for serious patient care violations--ones in which patients are actually harmed or placed in immediate jeopardy of serious injury or death.
Identity theft and the elderly
Anyone can find their identity electronically stolen and face the repercussions of cleaning up a mess that they originally had no part of. For the Elder Law lawyer, this may involve a client whose financial information is stolen through a credit card, by inappropriate telephone calls or a sales person who takes advantage of the naïveté of an elder person.
Is it time to modify the Small Estate Affidavit Act?
Under Illinois law, the beneficiaries of a decedent's estate can avoid probate and use small estate affidavit to transfer assets provided the gross value of the decedent's entire personal estate, including the value of all property passing to any party, either by intestacy or under a will does not exceed $50,000.
Message from the Chair
Another bar year is underway and I am very honored to be the Chair of the Elder Law Section for 2003-2004.
Scams go to war and to ground zero: Cons adapted to post-9/11 age
In this newsletter's continuing effort to keep lawyers informed of scams that may affect their clients (or themselves), it is interesting to see how the same basic confidence game adapts to new technology and to new times--presumably because it still gets results.
When meeting with "community spouses," make sure you are using the updated figures for the Community Spouse Asset Allowance and the Community Spouse Monthly Maintenance Needs Allowance.
Storm warnings for Medicaid planners
ATTORNEYS BEWARE. There's a "storm" on the Medicaid planning horizon blowing in from the East Coast, in particular, from Connecticut
Supreme Court upholds IOLTA funding for legal aid
The United States Supreme Court has made a final ruling on the constitutionality of using IOLTA (Interest on Lawyers' Trust Accounts) for the funding of legal services for low-income persons.
Thoughts on long-term care insurance
With an aging population driving up the need for long-term care and increased awareness by elder law lawyers of the potential use of long-term care insurance (LTCI), it is becoming more and more important for attorneys to update their understanding of LTCI.
Using and interpreting powers of attorney
A question was posed on one of the ISBA listservs recently about the proper method of utilizing an Illinois Statutory Short Form Power of Attorney for Property