The newsletter of the ISBA’s Section on Elder Law
Browse articles by year: 2014 (2)
Newsletter articles from 2005
Annuities: Uses, misuses and abuses
Annuities are a poor investment vehicle for most senior citizens. However, they can be a valuable tool when planning for long-term care if Medicaid qualification is desired.
Care for Spike from the grave: The new Pet Trust Act
Many elderly persons treat their pets as if they were their own children. A client may request that as a part of his or her estate plan, Spike be taken care of from the grave, but until recently Illinois law did not allow trusts for pets.
Casenote: Collecting attorneys fees in probate court following the ward’s death
The circuit court retains subject-matter jurisdiction over proceedings to enforce an order commanding the ward’s trust to pay attorney fees to the guardianship petitioner and the guardian ad litem, although the ward of the guardianship estate died and the guardianship estate had been closed, according to a recent ruling of the First District Appellate Court in Estate of Marie Ahern v. The Ahern Trust.
Division of property of the marriage
With the aging population, practitioners will now see older clients divorcing. Parties are no longer choosing to stay married during the last years of their lives if they are unhappy.
Editor resigns: Newsletter goes on
I have decided to step down as editor of this newsletter. I've been doing this for over 10 years, and while I know that's hardly a record tenure for newsletter editors, it seems long enough for me.
The effect of HIPAA on Powers of Attorneys
In recent years the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has crept into our lives in places that were not immediately identifiable upon the law going into effect.
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.
Footnotes from the chair
Our loyal and hardworking newsletter editor, Karl Menninger, summed it up when he said that he suspected this Letter from the Editor would be the toughest one yet.
From the editor
In this quarter’s newsletter, my inaugural issue as editor, we recap the legislative session in Springfield, introduce our Elder Notes, and like elder law practitioners across the country attempt to ready our readers for Medicare Part D. Section Council member Kristi Vetri updates us on the Public Health Department’s new Uniform Do-Not-Resuscitate Order and Attorney David Abell offers his health care power of attorney client letter.
Informed consent in the elder law practice
In June, 2004, the General Assembly of the Illinois State Bar Association approved a revision of the Illinois Code of Professional Responsibility, the rules of ethical conduct governing the conduct and behavior of Illinois lawyers.
Legislative responses to the Schiavo case
The Terry Schiavo case focused (at least temporarily) the nation's attention on the importance of advance directives and the difficult alternative of letting a court make end-of-life decisions.
Purchase of annuity-Medical assistance eligibility
In the case of Gillmore v. Illinois Department of Human Services, No. 4-04-0048, 2004 Ill. App. LEXIS 1500, 2004 WL 2905280 (Dec. 10, 2004), the 4th District Appellate Court held that an annuity purchased by a nursing home resident was a non-allowable transfer of assets.
Revamp of Anatomical Gift Act
The Illinois Legislature has accomplished a much-needed revamping of the state's Anatomical Gift Act through the passage of P.A. 93-794, effective July 22, 2004.
Serving those who served: A guide to helping veterans
As each day passes, more and more of our World War II and Korean War veterans are buried. We also witness the increasing number of names of Vietnam veterans in the obituary sections of the newspapers.
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.
Update on Hines v. IDPA
Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225 (2005) was decided by the Third District Appellate Court on May 20, 2005.