Section Newsletters

Articles on Elder Law

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.
Consumer’s tool kit for health care advance planning Elder Law, October 2002 The ABA Commission on Law and Aging (formerly the Commission on Legal Problems of the Elderly) has made available on its Web site a set of 10 "tools" for consumers to be used in making health care decisions concerning advance directives and substitute decisionmakers.
Electronic monitoring for older persons: balancing privacy and security Elder Law, October 2002 In two recent articles, a Wall Street Journal reporter describes what could be a "brave new world of elder care" involving electronic monitoring
Greetings from the chair By Naomi H. Schuster Elder Law, October 2002 I am looking forward to my duties as Chair of the Elder Law Section Council. We have tremendous talent on the council this year.
Illinois cases of note Elder Law, October 2002 In a recent case, the Illinois Supreme Court decided that the section of the Probate Act allowing certain family members who cared for the deceased a right to a claim against the estate did not violate the Special Legislation, Equal Protection or Due Process clauses of the state constitution.
Viatical scams and senior settlements Elder Law, October 2002 A viatical settlement is (or can be) a way for a terminally ill person to get money from his or her life insurance policy before he or she dies.
Another Scam Enters The Electronic Age—Work-at-home offers: the new temptation of computer literacy Elder Law, June 2002 You or your client have probably seen the signs or ads promising thousands of dollars a year for working on a computer at home.
Book review: The Complete Idiot’s Guide to Caring for Aging Parents Elder Law, June 2002 While browsing in your local bookstore, you may have noticed two series of books addressed to groups not noted for buying books: Dummies and Complete Idiots. Both of these series ( . . . for Dummies and The Complete Idiot's Guide to . . . ) started (or became popular) as instructional books on computer-related topics.
Elder rights conference addresses wide range of issues Elder Law, June 2002 The Elder Rights Conference, organized annually by the Illinois Department on Aging, will be held again this summer in Chicago.
Recent law review articles on elder law issues Elder Law, June 2002 Elder lawyers get much of their information on developments in the law from bar journals, advance sheets, CLE course books, Web sites and (not to be overlooked) newsletters.
State Supreme Court invalidates grandparent visitation statute Elder Law, June 2002 The fate of grandparent visitation laws could be seen as an example of the checks and balances of our republic at work: the Legislature giveth and the courts taketh away.
Supreme Court dismisses aging disparate impact suit Elder Law, June 2002 The U.S. Supreme Court recently dismissed a case holding that disparate impact suits are not permitted under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621.
The Supreme Court goes to the “Waffle House” By Lee Beneze Elder Law, June 2002 In the case of Equal Employment Opportunity Commission v. Waffle House, Inc. (No. 99-1823, January 15, 2002), the United States Supreme Court ruled that the federal Equal Employment Opportunity Commission (EEOC) was not prohibited from filing its own action against the employer on behalf of an employer who had signed an employment contract which included an arbitration clause.
Supreme Court rules on spousal impoverishment determination standards Elder Law, June 2002 The U.S. Supreme Court has decided a case involving the "spousal impoverishment" provisions of Medicaid eligibility for people in nursing homes who have spouses living in the community.
Alzheimer’s: a practitioner’s guide By Marc R. Miller Elder Law, May 2002 According to the Alzheimer's Association, one in ten persons over 65 and nearly half of those over 85 have Alzheimer's.
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.
Council members named academy laureates Elder Law, May 2002 Elder Law Section Council members Stanley Balbach and Dan Moore were named to the 2002 Class of Laureates of the Academy of Illinois Lawyers.
The estate planning gap By John J. Horeled Elder Law, May 2002 My practice has always had an estate planning component. At first I was a general practitioner who did estate planning.
The purchase of or exchange for a life estate interest as a Medicaid eligibility planning technique By Wesley J. Coulson Elder Law, May 2002 The Illinois Medicaid Eligibility Policy Manual specifically contemplates and discusses the transfer of ownership of real estate by a prospective applicant for Medicaid long term care benefits, reserving a life estate interest in that real estate, as a potential planning technique.
Recent cases Elder Law, May 2002 A recent Fifth District Appellate Court case upheld an Administrative Law Judge's finding that an employee of a nursing home abused a resident by teasing her.
Scam alert! Nigerian global scam in full flower By Lee Beneze Elder Law, May 2002 Over the past months, what certainly must be tens, if not hundreds of thousands of letters purporting to be from Nigeria, or elsewhere in West Africa, have been e-mailed to Americans.
The Senior Health Insurance Program—SHIP By Bryan Padget Elder Law, May 2002 The Senior Health Insurance Program, or SHIP, is a free insurance counseling service for Medicare beneficiaries and their caregivers.

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