Publications

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 transfer limits unfair to elderly, council says

By Helen W. Gunnarsson
December
2010
LawPulse
Page 610

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

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.

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