Publications

Section Newsletter Articles From Lee Beneze

Legislative update: Amendments to the law on temporary guardians By Lee Beneze Elder Law, February 2012 Public Act 97-0614, which amends the statutory language of the Probate Act of 1975 as it applied to temporary guardianships, became effective on this first of this year.
Notes from the Chair By Lee Beneze Elder Law, June 2011 A note from Elder Law Chair Lee Beneze.
Who’s in charge? By Lee Beneze and Anthony J. DelGiorno Elder Law, February 2011 Important contact information for Congressional leadership.
Notes from the Chair By Lee Beneze Elder Law, October 2010 A tribute to Joseph R. Bartylak, Executive Director of the Land of Lincoln Legal Assistance Foundation from 1976 to 2003, who passed away at the end of August.
The dance of legislation: Shell bills By Lee Beneze Elder Law, August 2010 The term "shell bill" is often used during legislative session. What is it, and how is it used?
Notes from the Chair By Lee Beneze Elder Law, August 2010 What to expect in the coming year, from new Section Council Chair Lee Beneze.
Illinois legislative report by the Elder Abuse Advisory Committee, August 19, 2009 By Lee Beneze Elder Law, October 2009 Recent legislation of interest to elder law practitioners.
“Shell bills” and the legislative process By Lee Beneze Elder Law, May 2008 As we approach the end of the current General Assembly session, various legislative maneuvers to move or block legislation can occur.
What is the latest online scam involving Social Security? By Lee Beneze Elder Law, February 2007 The Social Security Administration has announced that Social Security recipients will be receiving a 3.3 percent increase for 2007, to cover the increase in the cost of living.
MCLE Board Chairman addresses Government Bar Association; Director of MCLE Board chosen By Lee Beneze and Patrick J. Hughes Government Lawyers, June 2006 In February, Jack Brooks, Chairman of the Illinois MCLE Board, spoke to the Government Bar Association, an affiliate of the ISBA.
New amendment to Power of Attorney Act strengthens Elder Abuse Program By Lee Beneze Elder Law, June 2006 Language originally drafted by the Power of Attorney Revision Committee of the Elder Law Section Council was signed into law the second week of June.
What is the Circuit Breaker Program? By Lee Beneze Elder Law, June 2005 Circuit Breaker is a program to assist seniors, administered by the Illinois Department on Aging. Until recently, the program was administered by the Illinois Department of Revenue.
Stops along the information superhighway: Web sites on scams, frauds and urban legends By Lee Beneze Elder Law, March 2005 The Internet is the new medium of choice for the same con artists, scammers and hoaxers that are always with us and it has given them a whole new way to fleece the gullible and the innocent.
Casenote-The Toth case and its significance for the elder abuse program By Lee Beneze Elder Law, October 2004 The Toth decision was handed down by the Illinois Appellate Court in March, 2004.
The Illinois Long-Term Care Ombudsman: Advocating for residents By Lee Beneze Elder Law, October 2004 The Illinois Long Term Care Ombudsman Program advocates for senior residents of long-term care facilities in the state of Illinois.
Medical malpractice certificates not required in litigation based on the Health Care Surrogate Act By Lee Beneze Elder Law, March 2004 Legislation enacted in 1985 included a requirement that a civil complaint sounding in medical malpractice must be accompanied by a certificate of merit signed by a medical physician.
Seniors and gambling: Is it a growing problem? By Lee Beneze Elder Law, December 2003 Seniors have become a prime marketing target of the gambling industry.
The impact of the Medicare and Medicaid reimbursement rates on the quality of care for long-term residents By Lee Beneze Elder Law, September 2003 One of the great pressing issues facing the nation today is that of the cost of health care, including its growing impact on federal and state budgets.
Supreme Court upholds IOLTA funding for legal aid By Lee Beneze Elder Law, June 2003 The United States Supreme Court has made a final ruling on the constitutionality of using IOLTA (Interest on Lawyers' Trust Accounts) for the funding of legal services for low-income persons.
Case note: Medical malpractice certificates not required in nursing home litigation By Lee Beneze Elder Law, April 2003 Eads v. Heritage Enterprises, Inc.; Illinois Supreme Court, No. 92691; majority opinion by Justice Rarick, dissent by Justice Garman, joined by Chief Justice McMorrow and Justice Thomas; filed February 21, 2003
Fourth District Appellate Court limits authority of guardian to commit nonconsenting ward for mental health treatment By Lee Beneze Elder Law, April 2003 In the Muellner case, the Fourth District Appellate Court addressed the issue of whether the circuit court had the authority to authorize the Office of State Guardian (guardian), serving as the guardian of the person, to place the ward in a mental health facility
The Supreme Court goes to the “Waffle House” By Lee Beneze Elder Law, June 2002 In the case of Equal Employment Opportunity Commission v. Waffle House, Inc. (No. 99-1823, January 15, 2002), the United States Supreme Court ruled that the federal Equal Employment Opportunity Commission (EEOC) was not prohibited from filing its own action against the employer on behalf of an employer who had signed an employment contract which included an arbitration clause.
Scam alert! Nigerian global scam in full flower By Lee Beneze Elder Law, May 2002 Over the past months, what certainly must be tens, if not hundreds of thousands of letters purporting to be from Nigeria, or elsewhere in West Africa, have been e-mailed to Americans.
Circuit City case: arbitration clause in employment contract trumps federal statutory rights By Lee Beneze Elder Law, January 2002 The case of Circuit City Stores, Inc vs. Adams (121 S. Ct.1399) was decided by the United States Supreme Court on March 21, 2001.
Profile of the Elder Law Section By Lee Beneze Elder Law, October 2001 The Elder Law Section of the Illinois State Bar Association was created as a separate section on May 17, 1995.
List of top investment scams released By Lee Beneze Elder Law, June 2001 The top ten list of investment scams as compiled by the North American Securities Administrators Association (NASAA) was recently released by that organization.
National Conference on Law and Aging scheduled for October By Lee Beneze Elder Law, June 2001 The second annual National Conference on Law and Aging is scheduled for October 10-13, to be held at the Crystal Gateway Marriott in Arlington, Virginia.
Notes from the chair By Lee Beneze Elder Law, June 2001 These are my final "Notes from the chair." For me, it has been quite an interesting year.
Congressional restrictions on legal services voided By Lee Beneze Elder Law, May 2001 In the United States Supreme Court case of Legal Services Corporation v. Velazquez, et al. (No. 99-603, decided February 28, 2001), the Court held that certain Congressional restrictions placed on legal aid services violated the First Amendment.
Notes from the chair By Lee Beneze Elder Law, February 2001 After pondering awhile on what to write for this column, I eventually decided to address two current issues.

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