Illinois Bar Journal


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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.