Section Newsletters

Articles on Elder Law

Legislation update of interest to the general practitioner By J.A. Sebastian General Practice, Solo, and Small Firm, July 2006 The following is a summary of recent legislative action of interest to ISBA General Practice, Solo and Small Firm section members.
Elder notes Elder Law, June 2006 Legislation of interest to elder law practitioners.
The Hines case—The story behind the story By Steven C. Perlis Elder Law, June 2006 On the surface, the unanimous slip decision in favor of the Probate estate is a victory for Medicaid planners.
Casenote: In re: Kohlenbrener v. North Suburban Clinic, Ltd. 356 ILL.APP.3D 414 (1ST DIST. 2005) By John W. Foltz Elder Law, May 2006 Does a fee agreement between an attorney and a client terminate at the client’s death?
Elder notes Elder Law, May 2006 Power of Attorney Act amendment. SB 2601, which has passed both houses of the Illinois General Assembly, is expected to be signed by Governor Blagojevich within the next 30 days.
Estate and gift tax update By Sarah Delano Pavlik Elder Law, May 2006 New Amounts for 2006. The following amounts became effective on January 1, 2006:
Yet another joint tenancy case… By Philip E. Koenig Trusts and Estates, May 2006 The Second District Appellate Court recently decided another case, In re Estate of Shea, resolving ownership of joint tenancy bank accounts established by a decedent during his lifetime.
Nursing homes: Despite increased oversight, challenges remain in ensuring high-quality care and resident safety Health Care Law, March 2006 Editor’s Note: With about 17,000 nursing homes in operation in the U.S., having a total bed capacity of around 1.8 million, the nursing home industry is one of the most significant sectors of our health care system.
The Bankruptcy Abuse Prevention and Consumer Act of 2005 and its impact on seniors By Roza Gossage Elder Law, February 2006 The U.S. Congress has drastically revised the procedures and rules relating to the filing and discharge of a debtor in bankruptcy.
Elder notes Elder Law, February 2006 Home health and hospice drug dispensation and administration act.
Seventeenth Judicial Circuit hosts Elder Abuse Symposium By Sherri Rudy Elder Law, February 2006 Those of you who regularly follow this newsletter may recall that one of my goals as last year’s chairman of the section was to present a CLE on Elder Abuse and Financial Exploitation featuring Deputy District Attorney Paul Greenwood from San Diego County, California as the keynote speaker.
Elder notes Elder Law, November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.
The most important person in the courtroom By Steven C. Perlis Elder Law, November 2005 Mrs. E reminded everyone that she was the most important person in the courtroom. Indeed one might ask why it sometimes seems to take somebody as feisty as Mrs. E to remind us of that? 
Update on Hines v. IDPA Elder Law, November 2005 Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225 (2005) was decided by the Third District Appellate Court on May 20, 2005.
Casenote: Estate recovery against the estate of medicaid recipient’s surviving spouse violates federal law By Charles LeFebvre Elder Law, June 2005 The case of Hines v. Department of Public Aid, No. 3-04-0162, 2005 WL 1218677 (May 20, 2005), arose after the department provided Medicaid benefits to Julius Hines from August 1994 until his death in July 1997.
Casenote: Requirements for claiming unemployment compensation when voluntarily leaving employment to care for ailing family member By Peter R. Olson Elder Law, June 2005 What did the plaintiff caregiver need to do in order to qualify for unemployment benefits when she voluntarily left employment in order to assist her ailing father?
Here’s why you should know about the Statutory Declaration for Mental Health Treatment By Charles LeFebvre Elder Law, June 2005 A durable health care power of attorney can be a useful instrument for assisting clients as part of an estate plan or, in the case of aging clients, to address specific concerns that the client may have medical needs and be incapable of using appropriate judgment when these needs arise due to mental deterioration.
Suspension of driving privileges for the elderly: Can a doctor do it? By John W. Foltz Elder Law, June 2005 Who has a duty to make this type of report to the Secretary of State?
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.
What is a Certified Legal Nurse Consultant or CLNC®? By Maralee K. Gray Elder Law, May 2005 A Certified Legal Nurse Consultant or CLNC® is a valuable asset to any attorney or law firm. Many legal professionals do not completely understand what a CLNC® is or how they are different from a paralegal or a legal secretary.
Annuities: Uses, misuses and abuses By Heather McPherson Elder Law, March 2005 Annuities are a poor investment vehicle for most senior citizens. However, they can be a valuable tool when planning for long-term care if Medicaid qualification is desired.
Limitations on community spouse assets By Edward J. Mitchell Elder Law, March 2005 The Appellate Court in the Second District recently issued an opinion in Harris v. Department of Human Services.
Purchase of annuity-Medical assistance eligibility By Walter J. Zukowski Elder Law, March 2005 In the case of Gillmore v. Illinois Department of Human Services, the 4th District Appellate Court held that an annuity purchased by a nursing home resident was a non-allowable transfer of assets.
Staying current Elder Law, March 2005 When meeting with "community spouses," make sure you are using the updated figures for the Community Spouse Asset Allowance and the Community Spouse Monthly Maintenance Needs Allowance.
Informed consent in the elder law practice By Susan Dawson-Tibbits Elder Law, January 2005 In June, 2004, the General Assembly of the Illinois State Bar Association approved a revision of the Illinois Code of Professional Responsibility, the rules of ethical conduct governing the conduct and behavior of Illinois lawyers.
Clarifications and corrections Elder Law, October 2004 Corrections.
Have an answer? You do now By Marc R. Miller Elder Law, October 2004 Over time, the author has compiled his own resource "go-to" list. It has helped him be of service to the client at little or no cost.
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.
Keeping Current: IDPA publishes proposed changes to regulations Elder Law, October 2004 IDPA publishes proposed changes to regulations.
Scamming the scammers Elder Law, October 2004 Not to be outdone by Nigeria, Canada has come up with its own scam on older persons.

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