Articles on Elder Law

Refusal to disclose assets By Steven C. Perlis Elder Law, June 2011 Under current Department of Human Services policy, the community spouse may elect not to disclose assets that have been held separately by the community spouse longer than the applicable look-back period.
2011 Elder Law Quick Guide: Important numbers to remember Elder Law, February 2011 A quick reference guide to Medicare/Medicaid facts and figures.
Estate of Henry continues to make waves By Amanda M. Byrne Elder Law, February 2011 The two related cases, Henry III and Henry IV, involve a judgment that was upheld on appeal on behalf of Richard V. Henry, an elderly and infirm former attorney, against one of his caretakers.
Shades of gray matter: Serving the client with diminishing capacity By Daniel M. Moore Elder Law, February 2011 The likelihood elder law attorneys will be dealing with greater numbers of clients with diminished capacity continues to increase. New Rule 1.14 of the Illinois Rules of Professional Conduct and the ABA/APA Handbook for Lawyers can work together to best maintain the normal client-lawyer relationship.
Who’s in charge? By Lee Beneze & Anthony J. DelGiorno Elder Law, February 2011 Important contact information for Congressional leadership.
New Medicaid rules harm women, seniors By Diana M. Law Women and the Law, October 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money for any reason to family members and charities, since it presumes the money was transferred to qualify for Medicaid long-term care benefits.
A nursing home can recover its fees for care under quantum meruit despite the lack of a written contract as required by The Nursing Home Care Act By Donald A. LoBue Elder Law, August 2010 A look at the recent case of The Carlton At The Lake, Inc. v. Barber.
A frequently asked question of elder law attorneys By Ford C. June, III Elder Law, June 2010 A description of Illinois' Health Care Surrogate Act.
New senior minefield: The DRA comes to Illinois Elder Law, June 2010 The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Not just a bill By Mary Cascino Elder Law, June 2010 HB 6477, which revises the Illinois Power of Attorney Act to minimize abuses, has passed the Illinois General Assembly and is ready for the Governor to sign.
The “real” living will* By Roza Gossage Elder Law, June 2010 A few light-hearted final words.
Book review: Author offers hope for better end-of-life care By Enid Kempe Elder Law, April 2010 Last Rights gives us a sense that with attainable changes in law and policy, medical training, and hospital habits, a better end-of-life experience can be made available to those who are gradually dying.
Case note: In re the Estate of Fallos By Edward J. Mitchell Elder Law, April 2010 The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
“When I’m 64”—Why elderly gay couples need marriage rights By Valerie Sherman Elder Law, April 2010 The hospital issues, estate planning, and inheritance issues that younger gay couples worry about come to reality as long-term gay couples age, affecting the elderly most acutely.
2010 Elder Law Quick Guide: Important numbers to remember By Martin W. Siemer Elder Law, February 2010 An easy reference guide for Elder Law practitioners.
An alternative: Public housing or housing vouchers By Donald A. LoBue Elder Law, February 2010 Some attorneys in the elder law practice spend a considerable amount of time advising clients on how to qualify for Medicaid and Medicare. As a general rule, Medicaid does not come into play until a person with a medical condition needs assisted care.
Legislative update: What to expect beginning January 1, 2010 By Susan Dawson-Tibbits Elder Law, December 2009 The Illinois General Assembly recently passed two bills that will have an impact on our elderly clients. Both of these bills become law as of January 1, 2010.
Use of trusts in VA pension planning By Steven C. Perlis Elder Law, December 2009 This article is on the use of trusts in qualifying veterans and their survivors or dependents for VA pension benefits. The pension benefit can be helpful in paying for unreimbursed medical costs, and often makes the difference between remaining at home and premature admission into a nursing facility.
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.
Representing hoarders By Michelle Sternberg Elder Law, October 2009 In order to provide good representation to hoarders, it is important to understand the condition.
The skinny on long-term care insurance By James Moster Elder Law, October 2009 Some considerations regarding long-term care insurance.
Alternative method for enrolling grandchildren in local school district proposed By Ford C. June Elder Law, July 2009 Oftentimes, grandparents are called upon to take care of their grandchildren for extended periods of time. If the parent lives in a different school district than the grandparent, the grandparent’s school district will often request the grandparent to become the grandchild’s guardian.  
Case study: An example in combining VA, Medicaid, and Community Care benefits to avoid long-term care placement By Steven C. Perlis Elder Law, April 2009 An example of a situation where several public benefits might be simultaneously available and enable an eligible client to remain at home rather than being forced into an institutional living situation.
2009 Elder Law quick guide: Important numbers to remember By Martin W. Siemer Elder Law, January 2009 Keep these numbers handy for quick reference.
The Charitable Gift Annuity: A valuable financial tool for the elder non-affluent client who has an inter vivos charitable intent By Dennis J. Jacknewitz Elder Law, January 2009 This article will attempt to illustrate to its readers how a charitable gift annuity can be a valuable tool for the elderly client who is not affluent, who has limited taxable income, who has a current charitable intent and who is not confronted with Medicaid issues.
Reconciliation of apparent conflict between state and federal law by Supreme Court holds that community spouses are liable for certain long-term care costs By John W. Foltz Elder Law, January 2009 A summary of the case of Poindexter v. Department of Human Services, 229 Ill. 2d 194 (May 27, 2008).
Financial abuse of the elderly: An overview By Elizabeth Fink Elder Law, September 2008 The purpose of this article is to educate on elder abuse issues, specifically the financial exploitation of the elderly.
Have you received your economic stimulus payment? Retirees, disabled veterans and low-wage workers still have time to file By Kristi Vetri Elder Law, September 2008 As of June 2008, the IRS had issued 76.1 million payments worth $63.8 billion based on 2007 tax returns processed so far. The agency expects to issue 124 million payments to Americans by year’s end.
In-Sites Government Lawyers, September 2008 Although we covered this topic a few years ago, Web sites have improved, so we revisit the topic of hospitals and nursing home ratings.
A woman’s nightmare: Long-term care—Two elder law attorneys’ perspectives By Rick L. Law & Diana M. Law Women and the Law, June 2008 He looked into his wife’s eyes and flatly stated, “I’ll put a gun to my head before I ever go to a nursing home.”


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