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Elder LawThe newsletter of the ISBA’s Section on Elder Law

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Newsletter articles from 2009

2009 Elder Law quick guide: Important numbers to remember By Martin W. Siemer January 2009 Keep these numbers handy for quick reference.
Alternative method for enrolling grandchildren in local school district proposed By Ford C. June July 2009 Oftentimes, grandparents are called upon to take care of their grandchildren for extended periods of time. If the parent lives in a different school district than the grandparent, the grandparent’s school district will often request the grandparent to become the grandchild’s guardian.  
Case note: Williams v. Estate of Cole, 393 Ill.App.3d 771 (1st Dist. 2009): Regarding the Substitution of a Judge By John W. Foltz December 2009 The Williams case concerned a petition seeking to have a guardianship appointed for Shirley Cole. 
Case study: An example in combining VA, Medicaid, and Community Care benefits to avoid long-term care placement By Steven C. Perlis April 2009 An example of a situation where several public benefits might be simultaneously available and enable an eligible client to remain at home rather than being forced into an institutional living situation.
The Charitable Gift Annuity: A valuable financial tool for the elder non-affluent client who has an inter vivos charitable intent By Dennis J. Jacknewitz January 2009 This article will attempt to illustrate to its readers how a charitable gift annuity can be a valuable tool for the elderly client who is not affluent, who has limited taxable income, who has a current charitable intent and who is not confronted with Medicaid issues.
Guardianship crib notes By Eugenia C. Hunter April 2009 An easy-to-read chart with statutory reference-- A useful device for those lawyers who routinely practice in this area of elder law.
Illinois legislative report by the Elder Abuse Advisory Committee, August 19, 2009 By Lee Beneze October 2009 Recent legislation of interest to elder law practitioners.
Legislative update: What to expect beginning January 1, 2010 By Susan Dawson-Tibbits December 2009 The Illinois General Assembly recently passed two bills that will have an impact on our elderly clients. Both of these bills become law as of January 1, 2010.
Observations on Illinois House Bill 0151—The Will Deposit Statute By William L. Cleaver April 2009 Illinois House Bill 0151 was introduced January 14, 2009. As an amendment to the Illinois Secretary of State Act, a new Section 5.15 would become part of 15 ILCS 305. It may serve to assist in addressing a problem, the solution to which has been elusive. At the same time, it also raises a question of whether there might be alternatives to what the Bill would accomplish.  
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 January 2009 A summary of the case of Poindexter v. Department of Human Services, 229 Ill. 2d 194 (May 27, 2008).
Representing hoarders By Michelle Sternberg October 2009 In order to provide good representation to hoarders, it is important to understand the condition.
The skinny on long-term care insurance By James Moster October 2009 Some considerations regarding long-term care insurance.
‘Til death do us part, or sooner: The family law attorney meets estate planning By Michael C. Craven October 2009 Family law attorneys agree that their clients should review their estate plans following a divorce. However, it is equally important to do so if contemplating or in the process of a divorce.
Tips for working with the fighting family By Martin W. Siemer April 2009 Some tips and suggestions for dealing with a fighting family.
Transfer on death designations and title to real estate By Werner Gruber July 2009 Various methods exist to transfer property outside probate upon one’s death. One such tool, developed for use with bank accounts, involves a pay-on-death (POD) designation. Another tool, developed for use with securities, involves a transfer-on-death (TOD) designation.
Use of trusts in VA pension planning By Steven C. Perlis December 2009 This article is on the use of trusts in qualifying veterans and their survivors or dependents for VA pension benefits. The pension benefit can be helpful in paying for unreimbursed medical costs, and often makes the difference between remaining at home and premature admission into a nursing facility.