Section Newsletters

Articles on Elder Law

Case Note: Estate of Kohlenbrener, 356 Ill.App.3d 414 (1st Dist. 2005) By John W. Foltz Elder Law, May 2007 In the Kohlenbrener case, the court had to decide whether a fee agreement between the decedent and two lawyers survived the decedent’s death.
Case Note: Estate of Lower, 365 Ill.App.3d 469 (2nd Dist. 2006) By John W. Foltz Elder Law, May 2007 The Probate Act allows a certain class of people to file a custodial claim against a decedent’s estate.
Elder notes By Peter R. Olson Elder Law, May 2007 The following is a list of General Assembly bills alive:
Estate and gift tax update By Robert J. Krupp Elder Law, May 2007 Husband and Wife established an irrevocable life insurance trust for the benefit of their children by transferring two life insurance policies to the trust.
Case Note: Poindexter, ET. Al. v. State of Illinois ex rel. Dept. of Human Services By Elizabeth Anderson Elder Law, February 2007 Does the Medicare Catastrophic Coverage Act preempt the spousal support provisions of article X of the Illinois Public Aid Code?
Elder notes By Peter R. Olson Elder Law, February 2007 Elder Abuse and Neglect Act amendments provide new power to intervene
Section Council to present CLE on assessing capacity Elder Law, February 2007 The Elder Law Section Council will present a full-day Continuing Legal Education seminar entitled Assessing the Capacity of an Estate Planning Client and Implications for Representation on April 6, 2007 in Chicago.
Elder notes Elder Law, November 2006 New visitation rights available for grandparents. Effective January 1, 2007, Public Act 94-1026 amends section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.
The origin of an elder law attorney By Michael H. Erde Elder Law, November 2006 My grandfather may have been the first person to influence my eventual development as an Elder Law Attorney.
Practice Tip: Deducting care costs By Nancy R. Larson Elder Law, November 2006 Deducting care costs as a medical expense on a U.S. 1040 Federal Income Tax Return helps soften the blow of the cost for the client.
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.

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