Health and Human Services Policy UpdateElder Law, July 2025Read updates from Health and Human Services, Illinois Supreme Court News, Older Americans Act, and more!
Mark Your Calendars…Elder Law, July 2025Mark your calendars for the following dates in August 2025.
New Workplace Laws in 2025: What Employers Need to KnowBy Lindsay DreisBusiness Advice and Financial Planning, July 2025Illinois 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 ArticlesElder Law, June 2025Information on submitting articles for the newsletter.
Is There a Duty to Assess a Client’s Capacity to Execute Estate Planning Documents?By Gary R. GehlbachElder Law, June 2025To 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 SurveyElder Law, June 2025Illinois 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!
New Workplace Laws in 2025: What Employers Need to KnowBy Lindsay DreisElder Law, June 2025Illinois 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 & ResourcesElder Law, June 2025Updates and resources on various topics of interest to Elder Law practitioners.
Call for ArticlesElder Law, May 2025Information on submitting articles for the newsletter.
Enforceability of Non-Compete Agreements in IllinoisBy Ariana Thao & Lawrence StarkElder Law, May 2025Non-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).
Social Security Fairness Act of 2023Elder Law, May 2025The 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 & ResourcesElder Law, May 2025Updates and resources on various topics of interest to Elder Law practitioners.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship ProceedingsBy Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy SullivanElder Law, April 2025Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Call for ArticlesElder Law, March 2025Information on submitting articles for the newsletter.
Exemptions to Notary Certification Requirements for RenewalBy Ariana Thao & Lawrence StarkElder Law, March 2025As Elder Law attorneys, we routinely draft documents that require notarization, such as powers of attorney for property, deeds, various affidavits, and banking documents. As such, access to a notary and maintaining a notary certification can be crucial. Commencing January 1, 2024, requirements changed to obtain and renew a notary certification. But there are exceptions, which are discussed in this article.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship ProceedingsBy Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy SullivanElder Law, February 2025Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Response to the Proposal for a Pilot Project to Establish a Single Docket for Mental Health and Guardianship ProceedingsBy Ann KrasuskiElder Law, February 2025The pilot project proposal seeks to create “a single court call wherein an assigned judge hears a case involving a resident with legal issues in both the County Division (Mental Health) and the Probate Division (Guardianship). The dually‐assigned judge would be … prepared to hear the matters under both areas of law.” There would be three “pathways” to this combined docket, according to the proposal.
Thirteen Red Flags for Spotting Problem ClientsBy Matthew BensonElder Law, February 2025The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you.
Updates & ResourcesElder Law, February 2025Updates and resources on various topics of interest to Elder Law practitioners.
