Articles on Elder Law

New federal prescription drug discount programs By Marc R. Miller Elder Law, March 2004 The President recently signed into law the Medicare Prescription Drug, Improvement and Modernization Act of 2003.
Prescription drug price relief-Now By Walter J. Zukowski & James S. Peters Elder Law, March 2004 While American seniors await the full impact implementation of the new prescription drug benefit to Medicare, many Illinois residents can already enjoy a variety of means of reducing prescription drug costs.
Gayan v. Illinois Department of Human Services: A special needs trust that didn’t work By Edward J. Mitchell Elder Law, December 2003 The appellate court in the Third District recently issued an opinion in Gayan v. Illinois Department of Human Services.
Seniors and gambling: Is it a growing problem? By Lee Beneze Elder Law, December 2003 Seniors have become a prime marketing target of the gambling industry.
Booze, gambling and sex: How debauchery can help seniors By Sharon R. Ruby Elder Law, September 2003 755 ILCS 5/11a-2 proffers three distinct definitions of a disabled adult, each of which can serve as the basis for adjudicating a person to be legally disabled and appointing a legal guardian:
GAO reports to Congress: Patient neglect worse than reported by CMS By Marjan Peter Staniec Elder Law, September 2003 The Government Accounting Office (GAO), the investigative arm of Congress, recently reported (July 2003) its findings of quality-of-care conditions in nursing homes, that during the period of July 11, 2000 to January 31, 2002, about 3,500 nursing homes were cited for serious patient care violations--ones in which patients are actually harmed or placed in immediate jeopardy of serious injury or death.
New state legislation affecting older citizens Elder Law, September 2003 The following bills affecting older persons were passed during the recent session of the Illinois General Assembly.
Thoughts on long-term care insurance By Marc R. Miller Elder Law, September 2003 With an aging population driving up the need for long-term care and increased awareness by elder law lawyers of the potential use of long-term care insurance (LTCI), it is becoming more and more important for attorneys to update their understanding of LTCI.
A short course on advanced directives By James B. Moses, Jr. Government Lawyers, August 2003 Have you ever been at a social function or family gathering, and approached by a family member or friend with the dreaded words:"You're a lawyer aren't you?"
Case note—Federal court denies appeal of ALJ’s denial of medicare coverage of experimental prostate surgery By Steven C. Perlis Elder Law, June 2003 The plaintiff was diagnosed with prostate cancer in 1994.
Scams go to war and to ground zero: Cons adapted to post-9/11 age Elder Law, June 2003 In this newsletter's continuing effort to keep lawyers informed of scams that may affect their clients (or themselves), it is interesting to see how the same basic confidence game adapts to new technology and to new times--presumably because it still gets results.
Check out the elder law Web site By John W. Foltz Elder Law, April 2003 Each section of the ISBA has its own Web site with some interesting and useful information relating to that section's area of practice.
Railroad retirement/social security dual benefits: beware of overpayments By Larry Smith Elder Law, April 2003 A railroad pensioner's spouse dies. The spouse had paid a substantial amount into Social Security and had received a retirement benefit prior to death.
Staying current Elder Law, April 2003 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.
Anatomical gifts: The ultimate recycle By Daniel M. Moore Elder Law, December 2002 Disposition of the body is probably one of the most difficult issues with which human beings and their loved ones ought to deal in life and estate planning.
Corrections Elder Law, December 2002 The following errors appeared in the October 2002 issue of Elder Law:
Long-term care insurance: Worthwhile risk for some Elder Law, December 2002 Long-term care (LTC) insurance has been around since at least the 1980s but it has increased in popularity, fueled by the advent of the baby boomers' realization that they may need nursing care.
Opening the door gently: Medicaid eligibility planning and the “three-year look-back” rule By Wesley J. Coulson Elder Law, December 2002 Employing a "give-everything-away-and-wait-three- years" approach to planning for Medicaid eligibility is like using a battering ram to open a door.
Book review: Representing the Elderly Client: Law and Practice By Constance B. Renzi Elder Law, May 2002 Representing the Elderly Client: Law and Practice, written by Thomas D. Begley, Jr. and Jo-Anne Herina Jeffreys and published by Panel Publishers, will be a welcome addition to the library of the elder law attorney.
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.
Regulatory changes By Steven C. Perlis Elder Law, March 2000 It used to be that somebody going on Medicaid could buy an annuity, so long as it was a single payment, was irrevocable, and met the federal and state life expectancy table requirements.
Supreme Court holds age discrimination law not applicable to states Elder Law, March 2000 In Kimel et al. v. Florida Board of Regents, et al. (No. 98-791), the U. S. Supreme Court held that the federal Age Discrimination in Employment Act (ADEA) could not be used to bring an action against states as employers.
Survey of members of the Elder Law Section Illinois State Bar Association January, 2000 Elder Law, March 2000 This is a survey of the members of the 1999-2000 Elder Law Section to be taken in the months of March and April, 2000.
2000 Federal Census will include inquiries on grandparental caregivers By Lee Beneze Elder Law, November 1999 Few people stop to think that one measure of the importance of a social, economic or demographic trend is when questions related to it are included in the federal decentennial census.
Brief summaries of some recent legislation signed by the Governor By Lee Beneze Elder Law, November 1999 PA 91-244 (HB 524) (signed July 22, 1999)--Provides that each license application (or renewal form) to a person required by law to report child abuse or elder abuse shall include the telephone numbers where such reports should be made.
The double helix: ID 2000 By Daniel M. Moore Elder Law, November 1999 It can't be forged. It can't be lost. It's good for our lifetimes--and even beyond. It courses through our veins, it's in our bones and in every cell of our bodies, and each of us has a very unique one.
An elder-friendly office Elder Law, November 1999 In a recent article in the ABA Journal, Jerome Ira Solkoff suggests ways to make a lawyer's office inviting to older persons.
Illinois Annual Elder Rights Conference a success By Lee Beneze Elder Law, November 1999 The 13th Annual Elder Rights Conference, organized by the Illinois Department on Aging, was held in Chicago on July 28 and 29.
National Aging and Vulnerable Adult Clearinghouse opens Elder Law, November 1999 The Wisconsin Coalition Against Domestic Violence (WCADV) has announced that is has opened the National Aging and Vulnerable Adults Clearinghouse (NAVAC) with funding from the U.S. Department of Justice's Violence Against Women Office.
New end-of-life laws from other states Elder Law, November 1999 Here is some legislation concerning end-of-life decisions that was recently passed in various states.

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