Section Newsletters

Articles on Elder Law

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.
Stops along the Information Superhighway - The ABA Commission on Law and Aging Elder Law, October 2004 The Web site of the ABA Commission on Law and Aging (www.abanet.org/elderly) is worth visiting every so often.
Visitability-A welcome idea in home design Elder Law, October 2004 When people think of accessibility aspects of home design-such as wheelchair ramps and siderails in the bathroom, they usually think of those features as either being present in a home or facility designed for persons with physical disabilities or having to be installed in a home of one who recently became disabled.
A primer on caregiver stress for the elder law practitioner By Charles LeFebvre Elder Law, June 2004 Most practitioners realize that the elder law practice is not so much assisting clients and their families with the legal affairs associated with aging-the typical definition.
Terri’s Law: Lessons learned, hard lessons avoided By William L. Cleaver Elder Law, June 2004 The tragic legal odyssey of Terri Schiavo continues. Ms. Schiavo is the 40-year-old woman in Florida who has been in a persistent vegetative state for 10 years.
To the editors Elder Law, June 2004 While Paul A. Meints' article in the March 2004 Elder Law newsletter presents some interesting possible customizations of both the health care and property powers of attorney, the suggestions raised three issues in my mind.
Collection activity for a nursing home may be a violation of the Fair Debt Collection Practices Act By Naomi H. Schuster Elder Law, March 2004 During the past year I represented a client who found himself as a Defendant in an action filed by a nursing home in the Chicagoland area for nonpayment on a personal guarantee for his deceased sister's nursing home expense.
Coping with declining health and finances: Ideas, thoughts, and suggestions for your Powers of Attorney By Paul A. Meints Elder Law, March 2004 The following items are some thoughts and suggestions, including sample drafting, for keeping your documents current.
Correction Elder Law, March 2004 In the book review of Long Goodbye: The Deaths of Nancy Cruzan by John Voorn (Vol. 9 No. 8, December 2003), a sentence was inserted by the editors saying that the Governor of Florida had signed a bill to reinsert a feeding tube into Terry Schiavo after a federal court had ordered the tube removed. It was a state probate judge that issued the order.
Dementia patients and the criminal justice system By John W. Foltz Elder Law, March 2004 What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
The elder boom: Are you ready? By Daniel M. Moore Elder Law, March 2004 The python is about to have another case of indigestion. The front end of the Boomer generation, likened by some to a pig in a long, extended python of flat birth rates, is about to enter its 'elderly' phase.
Making law offices elder-friendly: Advice from the field Elder Law, March 2004 In a recent e-mail exchange, several members of the ABA's Law and Aging Network, including Legal Services Developers and other elder lawyers, offered suggestions to make law offices more accessible and welcoming to older persons.
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?"

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