Articles on Elder Law

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.
Defending disoriented persons from nursing home discharge for non-payment By Larry Smith Elder Law, January 2002 A nursing home issues a notice of discharge for non-payment to a confused and disoriented long time resident whose funds have run out.
Do not resuscitate and the Orange Form By Frank Nagorka Elder Law, January 2002 Emergency medical services respond to calls for assistance and respond immediately.
Identity theft and the elderly By John W. Foltz Elder Law, January 2002 Identity theft has been with us for some time. Those of us who practice in the family law arena have encountered it when an ex-spouse uses the information they have acquired during the marriage to obtain credit in the name of their former spouses.
Recent cases By Susan M. Christiansen Elder Law, January 2002 The question of whether an individual filing an action for injuries suffered in a nursing home under the Nursing Home Care Act, 210 ILCS 45/1-101 et seq., must file an affidavit as required by the Healing Art Malpractice Act, 735 ILCS 5/2-0622(a), has been answered in the negative by the Illinois Appellate Court, Fourth District, in Eads v. Heritage Enters., Inc., 2001 WL 1145161 (Ill. App. Ct. 2001) in an opinion authored by Justice Myerscough.
Reducing unwanted junk mail, e-mail, and telemarketing calls By Mardyth E. Pollard Elder Law, January 2002 As an attorney, you are well aware of the many needs of your client. Some of those needs, such as dealing with telemarketers and junk mail, are of a non-legal nature.
Stops along the Information Superhighway—where to complain on (or about) the Internet Elder Law, January 2002 If you have e-mail and access to the Internet, you may have found some things that irritate or disturb you--unsolicited e-mail that promises (among other things) to get you out of debt, make huge amounts of money or enlarge certain body parts (these messages are known as spam), websites that take money but don't deliver the promised goods or services, and the darker side of the Net: pornography and child exploitation.
Background on Patients’ Bill of Rights Elder Law, October 2001 This past summer one of the biggest issues in the U.S. Congress was the passage of a Patients' Bill of Rights.
Community Medicaid cases and spousal impoverishment update By Steven C. Perlis Elder Law, October 2001 Frequently, a married couple struggles with the question of when to apply for Medicaid. Is it too soon if the disabled person is still at home, but suffering from a decline in the ability to handle activities of daily living?
The Cook County State’s Attorney’s Seniors and Persons With Disabilities Division By Lori G. Levin Elder Law, October 2001 In January 1999, Cook County State's Attorney Richard A. Devine formed the Seniors and Persons with Disabilities Division to help protect elderly and disabled citizens of Cook County.
Grandparents raising grandchildren update By Naomi H. Schuster Elder Law, October 2001 Earlier this year the Elder Law Section Council presented a program entitled "Introduction to Grandparents Raising Grandchildren."
Increased protection needed for institutionalized elderly By Marjan Peter Staniec Elder Law, October 2001 I hope this summary report serves to motivate bar association members, advocacy groups and legislative leaders to initiate remedial action that may help curb much of the suffering, pain, indignity and other serious abuses inflicted on thousands of elderly residents in substandard nursing homes in Illinois and other states throughout the nation.
New legislation on crimes against older persons Elder Law, October 2001 In the most recent session, there were two laws passed that concerned crimes against older persons.
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.
Report on the annual meeting of the American Bar Association By Stanley B. Balbach Elder Law, October 2001 The Annual Meeting of the American Bar Association was held in Chicago, August 2-7, and offered a variety of interesting an informative programs appealing to all branches of the profession.
The special needs of the elderly in the courtroom By Susan Dawson-Tibbits Elder Law, October 2001 Most attorneys who practice in the area of elder law are aware of the unique challenges facing the older person.
“Congratulations, you have just won the Australian lottery”: hot scams and cons on older persons By Edward J. Mitchell Elder Law, June 2001 Unfortunately today it is not unusual for one of our clients to receive a phone call with an opening line something like the title of this article.
Illinois Department on Aging to hold Annual Elder Rights Conference Elder Law, June 2001 The Illinois Department on Aging has scheduled its 15th Annual Elder Rights Conference for July 25-26 at the Holiday Inn-City Centre, in Chicago.
Keeping things simple By Michael H. Erde Elder Law, June 2001 I just read an article in a business publication quoting a person who thought that Fannie Mae was a funny name for a mortgage company.
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.
Protecting seniors from home repair fraud By Mardyth E. Pollard Elder Law, June 2001 Home repair fraud has consistently been one of the top consumer complaints received by the Illinois Attorney General's Office--last year the office received more than 2,500 complaints.
Second gear on the information superhighway: slightly advanced Internet navigation By Karl Menninger Elder Law, June 2001 In the last newsletter, there was an introductory article on computers and the Internet (Easing on the to Information Superhighway: Internet Basics, Elder Law, Vol. 5, No. 3).
Stops along the information superhighway Elder Law, June 2001 This is another in our continuing series of articles highlighting useful Web sites relating to elder law or issues concerning older persons.
Calling all government attorneys Elder Law, May 2001 The ISBA's Standing Committee on Government Lawyers wants to include you in its constituency. Historically, neither the Attorney Registration and Disciplinary Commission nor the Illinois State Bar Association has maintained data with respect to those attorneys engaged in government practice.
The Chicago Department on Aging: A formidable resource for senior citizens By Rhoda Davis Sweeney Elder Law, May 2001 The Chicago Department on Aging, under the direction of Mayor Richard M. Daley and Commissioner Anna Wills, offers Chicago's senior residents many services and opportunities of which lawyers serving Chicago residents sixty or older should be aware.
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.
Early retirement for self employed and small business owners Elder Law, May 2001 Beginning January 1, 2000, a person, upon attaining the age 65, may work as much as they desire, and/or are capable of working, without reducing their Social Security Benefits.
Easing on to the superhighway: computers and the Internet for technologically challenged lawyers By Karl Menninger Elder Law, May 2001 While this newsletter (and others) have been referring to "the information superhighway," "Web sites," "e-mail" and "computer-based legal research," it has been pointed out that not all lawyers are familiar with computers and that this newsletters could have a useful article on the basics of computers and the Internet.

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