Ex post facto Medicaid “planning”By Helen W. GunnarssonNovember 2007LawPulse, Page 570May 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 IzattNovember 2007Article, Page 586The 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.
DHS staff must now report elderly self-neglectAugust 2007Illinois Law Update, Page 40489 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 CareBy Helen W. GunnarssonFebruary 2007LawPulse, Page 66The 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.
New statutory language targets elder self-neglectBy Helen W. GunnarssonDecember 2006LawPulse, Page 642Soon-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 principalsBy Helen W. GunnarssonSeptember 2006LawPulse, Page 458The 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.
Allowing Disparate Impact Claims Under the ADEABy Lori D. Ecker and Joseph M. GagliardoApril 2005Article, Page 198Will the U.S. Supreme Court allow older employees to prove age discrimination based on employers' facially neutral practices?
Grandparent visitation, take 2By Helen W. GunnarssonSeptember 2004LawPulse, Page 450The legislature passes a new grandparent visitation law, which is designed to cure the defects of its unconstitutional predecessor.
Preserving nursing home residents’ assets is harder than everBy Helen W. GunnarssonMarch 2004LawPulse, Page 118As 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.
Nursing home litigation: no certificate of merit requiredBy Helen W. GunnarssonMay 2003LawPulse, Page 220In 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.
Grandparents’ visitation; splitting the baby four ways?By Helen W. GunnarssonOctober 2001LawPulse, Page 510Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.
Housing discriminationOctober 2001Illinois Law Update, Page 516On July 17, 2001, the Illinois Department of Human Rights adopted amendments to section 2300 of the Illinois Administrative Code. 71 Ill Adm Code 2300.
Implementation of the Elder Abuse and Neglect ActJune 2001Illinois Law Update, Page 286On 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 assistanceFebruary 2001Illinois Law Update, Page 60On November 20, 2000, the Illinois Department of Revenue (department) adopted amendments to section 530 of the Illinois Administrative Code. 86 Ill Adm Code 530.
Circuit Breaker Program for elderly expanded; P.A. 91-699July 2000Illinois Law Update, Page 380Public 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.