Publications

Articles on Elder Law

Ex post facto Medicaid “planning”

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.

Medicaid Planning in Illinois: Are You Ready for the DRA?

By Kirsten Izatt
November
2007
Article
Page 586
The Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will.

Of Principals and POAs: When Clients Need Protection from Themselves

By Helen W. Gunnarsson
November
2007
Article
Page 580
What can we do for elderly clients who aren't making good financial decisions because they aren't fully competent?

DHS staff must now report elderly self-neglect

August
2007
Illinois Law Update
Page 404
89 Ill Adm Code 10, "General Administrative Provisions," has been amended to add self-neglect to the list of elder abuse and neglect that department staff must report to the Department on Aging within 24 hours of discovery. 

Impending Regs Affect Planning for Clients Facing Long-Term Care

By Helen W. Gunnarsson
February
2007
LawPulse
Page 66
The state is on track to issue new regulations that will make it harder for clients who are headed for nursing-home care to hang on to assets. Elder law and estate-planning practitioners need to be prepared with new strategies for the new rules.

Changing demographics lead to amended Elder Abuse and Neglect Act - PA 094-1064

January
2007
Illinois Law Update
Page 14
Due to the aging demographic of the country and the increasing prevalence of elder abuse, the Illinois General Assembly (General Assembly) amended the Elder Abuse and Neglect Act. 

New statutory language targets elder self-neglect

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
Soon-to-be-effective changes to the Elder Abuse and Neglect Act will give authorities new power to intervene when elderly people can't take care of themselves.

POA amendments help protect incapacitated principals

By Helen W. Gunnarsson
September
2006
LawPulse
Page 458
The new law empowers the Department of Aging and its provider agencies to go to court to require agents to produce their records, which will help authorities identify and stop abuse.

Employees required to report misappropriation of residents’ property in nursing homes - PA 094-0026

August
2005
Illinois Law Update
Page 390
Effective January 1, 2006, the Nursing Home Care Act ("Act") is amended by adding new section 1-116.5 and altering section 3-610. 

Allowing Disparate Impact Claims Under the ADEA

By Lori D. Ecker and Joseph M. Gagliardo
April
2005
Article
Page 198
Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?

Extended coverage in the Aid to the Aged, Blind, or Disabled Program

March
2005
Illinois Law Update
Page 116
The Illinois Department of Human Services recently amended Part 113 of Title 89 of the Illinois Administrative Code, 89 Ill Adm Code 113.

Grandparent visitation, take 2

By Helen W. Gunnarsson
September
2004
LawPulse
Page 450
The legislature passes a new grandparent visitation law, which is designed to cure the defects of its unconstitutional predecessor.

Amendments Adopted by the Department on Aging

August
2004
Illinois Law Update
Page 398
Effective on May 21, 2004, the Illinois Department on Aging recently adopted amendments to 89 Ill Adm Code 240. 

Preserving nursing home residents’ assets is harder than ever

By Helen W. Gunnarsson
March
2004
LawPulse
Page 118
As a recent third district case shows, it's nigh impossible to create a trust that enables nursing home residents who still have assets to qualify for Medicaid and thereby preserve an estate for the next generation.

New legislation creates Senior Citizens and Disabled Persons Prescription Drug Discount Program Act; P.A. 93-0018

August
2003
Illinois Law Update
Page 384
The recently enacted Senior Citizens and Disabled Persons Prescription Drug Discount Program Act creates a program that will enable eligible senior citizens and disabled persons to purchase prescription drugs at discounted prices.

Nursing home litigation: no certificate of merit required

By Helen W. Gunnarsson
May
2003
LawPulse
Page 220
In a victory for plaintiffs, the Illinois Supreme Court ruled that litigants need not attach 2-622 certificates of merit to suits against nursing homes under the Nursing Home Care Act.

Guardianship and its Alternatives: What’s Best for Elderly Clients?

By Susan Dawson-Tibbits
March
2003
Article
Page 120
Sometimes guardianship is the right answer for elderly clients, but often there are better, less intrusive alternatives

Legislation creates committee to oversee pharmaceutical assistance for seniors P.A. 92-0594

March
2003
Illinois Law Update
Page 116
Recently enacted legislation created the Senior Pharmaceutical Assistance Review Committee to gather information and advise state agencies regarding pharmaceutical assistance for Illinois seniors.

Grandparents’ visitation; splitting the baby four ways?

By Helen W. Gunnarsson
October
2001
LawPulse
Page 510
Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.

Housing discrimination

October
2001
Illinois Law Update
Page 516
On July 17, 2001, the Illinois Department of Human Rights adopted amendments to section 2300 of the Illinois Administrative Code. 71 Ill Adm Code 2300.

Expanded hearsay exception for victims of elder abuse ; P.A. 92-091

September
2001
Illinois Law Update
Page 454
Gov. Ryan recently signed legislation expanding the hearsay exception for incapacitated seniors.

Where there is no allegation of unfitness, the statutory provision allowing grandparent visitation interferes with a mother’s fundamental right to make decisions about the care and custody of her children

September
2001
Illinois Law Update
Page 454
On July 6, 2001, the Appellate Court of Illinois, Third District, reversed the lower court's order awarding grandparent visitation to Brent and Rita Langman, the paternal grandparents of children whose father had died while married to their mother, Amy Langman.

Implementation of the Elder Abuse and Neglect Act

June
2001
Illinois Law Update
Page 286
On April 1, 2001, the Illinois Department of Aging (department) amended and adopted several new sections to section 270 of the Illinois Administrative Code. 89 Ill Adm Code 270.

Property tax relief and pharmaceutical assistance

February
2001
Illinois Law Update
Page 60
On November 20, 2000, the Illinois Department of Revenue (department) adopted amendments to section 530 of the Illinois Administrative Code. 86 Ill Adm Code 530.

Reporting Elder Abuse: Not a Requirement but an Option for Lawyers

By Lee Beneze
February
2001
Article
Page 93
Lawyers aren't required to report elder abuse, but they enjoy statutory protection if they do.

Troxel and Lulay — Two High Courts Speak on Grandparent Visitation Rights

By David N. Schaffer
February
2001
Article
Page 74
An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.

Using the Probate Act to Recover Assets Stolen from Persons with Disabilities

By Charles P. Golbert
September
2000
Article
Page 510
How to use Article XVI of the Illinois Probate Act to discover and recover ill-gotten assets.

Employer’s statements relating to age did not provide evidence of age discrimination

August
2000
Illinois Law Update
Page 438
On June 16, 2000, the seventh circuit court of appeals affirmed the district court's grant of summary judgment to the defendant, CSC Consulting Inc. (CSC).

Circuit Breaker Program for elderly expanded; P.A. 91-699

July
2000
Illinois Law Update
Page 380
Public Act 91-699, which will take effect next year, expands the state's Circuit Breaker Program by increasing the minimum level of income for eligibility and expanding coverage for drugs used to treat certain diseases.

Senior Legal Assistance Services: A Well-Kept Secret

By Lee Beneze
July
2000
Article
Page 411
Too few attorneys know about Illinois' federally funded senior legal assistance services program.

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