Articles on Elder Law

Call for Articles Elder Law, November 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.
The Combined Guardianship and Mental Health Docket, or Calendar 20, Segregates Some of the Trees From the Forest By Ann Krasuski Elder Law, November 2025 The author of the companion article has not identified a problem that a combined docket solves. No doubt, the Mental Health Code (Code) and adult guardianship under the Probate Act address and strive to solve issues people face. Yet, as the author discusses, there are still shortcomings. But after several pages discussing gaps in mental health care and problems families face, she has not identified how establishing a combined docket solves any shortcomings or how it benefits respondents.
A Different Perspective to the Proposal for a Pilot Project To Establish a Single Docket for Mental Health and Guardianship Proceedings By Michelle Luburic Elder Law, November 2025 Recently, the County and Probate Divisions of the Cook County court system announced an exciting initiative seeking to enhance the lives of individuals living with mental illness and the friends and family who support them by merging the case management of respondents involved in both mental health and guardianship proceedings.
End of Year Donations Elder Law, November 2025 As 2025 ends, please consider including advocacy organizations, assistance programs, legal aid providers, and law schools as part of your end of year donations. Not-for-profit organizations receive most of the donations that make their services possible during November and December.
Illinois Supreme Court News Elder Law, November 2025 A brief overview of legal developments in Illinois, including elimination of filing and appearance fees in minor guardianship cases, amendments to the Supreme Court Policy on Remote Court Appearances in Civil Proceedings, changes to several Illinois Supreme Court rules, and more. 
ISBA Leadership Opportunities Elder Law, November 2025 Interested in serving on an ISBA Section Council? Be sure to self-nominate prior to the nomination deadline of January 15, 2026! 
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s Ahead By Ted M. Niemann Elder Law, November 2025 The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today! 
Mark Your Calendars… Elder Law, November 2025 Mark your calendars for these upcoming holidays, events, and special occasions in December! 
Medicare Considerations for Senior Lawyers, Revisited By David Chroust Elder Law, November 2025 Learn more about your Medicare options, including the potential limitations on your ability to change between Original Medicare and a Medicare Advantage Plan, and then choose the best Medicare option for you by considering your personal preferences and circumstances.
Recent Legal Developments Elder Law, November 2025 A summary of new state laws, impacts of the One Big Beautiful Bill Act, and 2024 Social Security cost-of-living adjustment. 
Call for Articles Elder Law, August 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.
Social Security Fairness Act of 2023 Employee Benefits, August 2025 The Social Security Fairness Act of 2023, signed in early 2025, eliminates WEP and GPO, which had reduced Social Security benefits for many public workers. The SSA is now issuing retroactive payments (back to January 2024) and increasing monthly benefits. No action is needed if your contact info is up to date. Those previously denied benefits due to WEP/GPO can now apply.
Call for Articles Elder Law, July 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.
Elder Law Section Council Leadership and Roster Changes Elder Law, July 2025 Welcome to the 2025-2026 Bar Year!
Health and Human Services Policy Update Elder Law, July 2025 Read updates from Health and Human Services, Illinois Supreme Court News, Older Americans Act, and more! 
Mark Your Calendars… Elder Law, July 2025 Mark your calendars for the following dates in August 2025. 
New Workplace Laws in 2025: What Employers Need to Know By Lindsay Dreis Business Advice and Financial Planning, July 2025 Illinois has passed several new laws and made significant amendments to its key statutes governing employment that have gone into effect as of January 1, 2025. These modifications largely provide employees with broader protections and the ability to access documents concerning their employment as well as place more transparency requirements on employers.
Call for Articles Elder Law, June 2025 Information on submitting articles for the newsletter.
The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson Elder Law, June 2025 There are practical benefits to attorneys and law firms to ineract with a client's designated authorized contact.
Is There a Duty to Assess a Client’s Capacity to Execute Estate Planning Documents? By Gary R. Gehlbach Elder Law, June 2025 To what extent, if at all, does an attorney have a duty to determine if a client has sufficient capacity to execute a last will and testament or other estate planning documents? Noting “that there is no Illinois law directly on the subject,” a recent First District Illinois Appellate Court decision characterizing this issue as a “case of first impression,” rejected plaintiff’s argument that “an affirmative duty [exists] to determine a client’s competence.” However, if the attorney is put on notice of a client’s disability, the attorney is “obligated to determine the extent of that disability with respect to [the client’s] capacity to alter her estate plan.”
Legal Studies Survey Elder Law, June 2025 Illinois State University Professor Jason M. Cieslik, J.D. is conducting a survey to assess how attorneys utilize paralegals in their practice. The survey only takes between 10-15 minutes. Your participation is greatly appreciated!
Mark Your Calendars … Elder Law, June 2025 Upcoming events of interest.
New Workplace Laws in 2025: What Employers Need to Know By Lindsay Dreis Elder Law, June 2025 Illinois has passed several new laws and made significant amendments to its key statutes governing employment that have gone into effect as of January 1, 2025. These modifications largely provide employees with broader protections and the ability to access documents concerning their employment as well as place more transparency requirements on employers.
Updates & Resources Elder Law, June 2025 Updates and resources on various topics of interest to Elder Law practitioners.
Call for Articles Elder Law, May 2025 Information on submitting articles for the newsletter.
Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark Elder Law, May 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Mark Your Calendars … Elder Law, May 2025 Upcoming events of interest.
Social Security Fairness Act of 2023 Elder Law, May 2025 The Social Security Fairness Act of 2023, signed in early 2025, eliminates WEP and GPO, which had reduced Social Security benefits for many public workers. The SSA is now issuing retroactive payments (back to January 2024) and increasing monthly benefits. No action is needed if your contact info is up to date. Those previously denied benefits due to WEP/GPO can now apply.
Updates & Resources Elder Law, May 2025 Updates and resources on various topics of interest to Elder Law practitioners.
Adult Protective Services Online Complaint Intake Elder Law, April 2025 Updates and resources on various topics of interest to Elder Law practitioners.

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