Illinois Bar Journal


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Articles on Elder Law

Nursing homes need not request criminal background checks on transferring residents who are immobile or moving into hospice June 2016 Illinois Law Update, Page 18 The Nursing Home Care Act has been amended to alter criminal background check requirements for transferring residents.
Grant adjustment rate increased to match increase in Social Security benefits December 2015 Illinois Law Update, Page 18 The Department of Human Services adopted amendments to the Part on Aid to the Aged, Blind, or Disabled pursuant to federal regulations at 20 CFR 416.2096. 89 Ill. Adm. Code 113 (eff. Sept. 21, 2015).
Using resulting trusts to fix DIY blunders September 2015 Article, Page 23 A decedent trying to avoid probate creates a joint tenancy with only one child, who then can't divvy up the estate without paying gift tax. Consider using a resulting trust to clean up the mess.
Adult Protective Services investigations into abuse of disabled adults April 2015 Illinois Law Update, Page 16 Whereas before the Department of Human Services' Office of Inspector General would investigate allegations of abuse, neglect, and financial exploitation of adults, Public Act 98-0049 transferred that responsibility to the Illinois Department of Aging ("IDoA").
Estate Planners Adopt and Adapt the New HCPOA Form By Ed Finkel April 2015 Article, Page 20 Illinois has a new, plain-language statutory health care power of attorney, and lawyers are getting used to it – and, in some cases, tweaking it to suit their practices.
Coming soon: bed reserves permitted in nursing and mental health facilities March 2015 Illinois Law Update, Page 20 The Illinois Public Aid Code has been amended by specifying that effective June 1, 2015, payments will be authorized for bed reserves in nursing facilities and mental health facilities that are at least 90% occupied and have at least 80% of their occupants being Medicaid eligible.
A New Weapon Against Elder Abuse: Presumptively Void Transfers to Caregivers By Jeffrey R. Gottlieb January 2015 Article, Page 24 A new section of the Illinois Probate Act presumptively voids testamentary gifts to unrelated caregivers. It's a powerful weapon against financial abuse, but beware the unintended consequences.
When caregivers take By Janan Hanna August 2014 LawPulse, Page 366 A bill awaiting the governor's signature would protect seniors from being taken advantage of by a caregiver or court-appointed guardian.
Revised health care power of attorney awaits governor’s signature By Janan Hanna July 2014 LawPulse, Page 314 The new law amends the Illinois HCPOA, with the goal of making it easier for patients to understand and fill out the short form so that more of them will.
Home-care service record-keeping requirements May 2014 Illinois Law Update, Page 220 The Department on Aging now mandates that all in-home service providers maintain electronic visit verification records to confirm the work of all home-care aids. 89 Ill. Adm. Code 240 (eff. Feb. 21, 2014).
Bump in social security benefits December 2013 Illinois Law Update, Page 612 The allowance for aged, blind, and disabled recipients of supplemental security income (SSI) recently increased from $519.90 to $531.90. 89 Ill. Adm. Code 113.
Estate Planning for Clients Who Don’t By Regina Rathnau March 2013 Article, Page 138 Even when clients resist comprehensive estate planning you can help them better prepare for the inevitable.
Implementation of the Assisted Living and Shared Housing Establishment Code November 2012 Illinois Law Update, Page 580 The Assisted Living and Shared Housing Act (the "Act") provides for the operation of assisted living and shared housing establishments based on a residential model intended to promote independence, autonomy, privacy and dignity of its residents, as well as greater family and community involvement. 210 ILCS 9/5.
Paying for Long-Term Care in Illinois By William Siebers and Zach Hesselbaum October 2012 Article, Page 536 There are five ways to pay for long-term care in Illinois. This article discusses all five and brings you the latest on the ever-shifting Medicaid and Veterans' Administration rules.
New Long-Term Care Medicaid Rules Finally Come to Illinois By Diana Law and William Siebers January 2012 Article, Page 30 Effective January 1, Illinois finally brought its Medicaid rules for long-term care into compliance with federal requirements. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility. Here's what you need to know.
Ethical Issues in Representing Elderly Clients with Diminished Capacity By Kerry R. Peck November 2011 Article, Page 572 When can - and must - you allow your diminished-capacity client to make a decision you advise against? This article explores this and other ethics issues that arise in serving elderly clients.
Update of the Elder and Neglect Program August 2011 Illinois Law Update, Page 388 The Department on Aging updated the Elder and Neglect Program. 89 Ill Adm Code 270. Some key new sections and amendments will be examined in this article, but the entire section should be consulted to see all updated rules.
Proposed Medicaid eligibility regs for long-term care recipients draw criticism By Helen W. Gunnarsson April 2011 LawPulse, Page 174 Lawyers raise concerns about proposed regulations that they say will not help older clients and their families.
Proposed Medicaid transfer limits unfair to elderly, council says By Helen W. Gunnarsson December 2010 LawPulse, Page 610 Proposed restrictions on asset transfers, designed to make Medicaid eligibility harder to get for nursing home residents, are unduly harsh, some ISBA lawyers say.
Illinois amends community care program for elderly June 2010 Illinois Law Update, Page 292 The Illinois Department on Aging (the department) modified the state's community care program to add an emergency home response service (EHRS) as a core service under the program. 
Five Wishes: “zero cases of litigation” June 2009 Column, Page 274 We're flattered that authors Koenig and Hyde ("Be Careful What You Wish For: Analyzing the Five Wishes Advance Directive," IBJ May 2009) pored over our document, and as would a law student studying a model contract, found areas that might-could-maybe-potentially become a problem.
Be Careful What You Wish For: Analyzing the “Five Wishes” Advance Directive By Ray J. Koenig, III and MacKenzie Hyde May 2009 Article, Page 242 The popular Five Wishes document helps clients think about life issues. But don't use it in place of Illinois statutory forms, these authors argue.
Community Care Program updated March 2009 Illinois Law Update, Page 122 The Department on Aging amended Title 89 Ill Adm Code 240, which regulates social services and governs the Illinois Community Care Program.
Illinois Act on Aging amended. PA 095-0565 July 2008 Illinois Law Update, Page 340 The Illinois General Assembly has amended the Illinois Act on Aging. 20 ILCS 105/4.02. Section 4.02 of the Act, titled "Community Care Program" has been changed by deleting language naming "home health services," "home nursing services," and "chore and housekeeping services," and adding subsections (k-6) through (k-8). 
Stepping up the fight against elder abuse By Helen W. Gunnarsson July 2008 LawPulse, Page 334 A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.
Medicaid law doesn’t preempt state’s ability to collect for nursing-home bill By Helen W. Gunnarsson June 2008 LawPulse, Page 278 The state can go after the at-home spouse to recover the institutionalized spouse's nursing home expenses, the Illinois Supreme Court rules.
Cashing in on home sweet home By Helen W. Gunnarsson April 2008 LawPulse, Page 174 Reverse mortgages are a popular, if controversial, way for elderly clients to cash in on the equity in their homes. Here's how they work and why you should be wary.
Elder Abuse and Neglect Act amended. PA 095-0402 March 2008 Illinois Law Update, Page 124 The Illinois General Assembly has amended the Elder Abuse and Neglect Act to add provisions concerning abuse monitoring. 320 ILCS 20/15. 
Missing Persons Identification Act created. PA 095-0192 February 2008 Illinois Law Update, Page 72 Act provides law enforcement guidelines and requires all law enforcement agencies to accept "without delay" any report of a missing person.
Nursing Home Care Act amended. PA 095-0031 January 2008 Illinois Law Update, Page 16 The Nursing Home Care Act has been amended to include minimum standards adopted by the Department of Public Health for the operation of nursing homes. 210 ILCS 45/3-202.