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2010 Articles

2010 Elder Law Quick Guide: Important numbers to remember By Martin W. Siemer February 2010 An easy reference guide for Elder Law practitioners.
An alternative: Public housing or housing vouchers By Donald A. LoBue 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.
Book review: Author offers hope for better end-of-life care By Enid Kempe 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 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.
The dance of legislation: Shell bills By Lee Beneze August 2010 The term "shell bill" is often used during legislative session. What is it, and how is it used?
Deficit Reduction Act coming to Illinois! August 2010 View the new rules here.
The DOs and DON’Ts when seeking fees in probate By Martin W. Siemer June 2010 A recent decision handed down by the First District Appellate Court, In re Estate of Bitoy, provides a good review of fee issues in probate estates.
A frequently asked question of elder law attorneys By Ford C. June, III June 2010 A description of Illinois' Health Care Surrogate Act.
The ISBA voices strong objections to Illinois’ implementation of the Deficit Reduction Act of 2005 October 2010 The ISBA Elder Law Section Council's Position Paper on DRA Medicaid Transfer Rules for Illinois, presented as testimony to the Department of Healthcare and Family Services at a Public Hearing Held in Chicago on September 13, 2010.
New senior minefield: The DRA comes to Illinois 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 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.
A note from the Editor… By Anthony J. DelGiorno February 2010 This note addresses a letter to the editor regarding an article in the October 2009 issue of this newsletter.
Notes from the Chair By Lee Beneze October 2010 A tribute to Joseph R. Bartylak, Executive Director of the Land of Lincoln Legal Assistance Foundation from 1976 to 2003, who passed away at the end of August.
Notes from the Chair By Lee Beneze August 2010 What to expect in the coming year, from new Section Council Chair Lee Beneze.
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 August 2010 A look at the recent case of The Carlton At The Lake, Inc. v. Barber.
Pet trusts: Practice tips for Fluffy (or Fido) By Eugenia C. Hunter October 2010 What will happen to your client's beloved pet if she becomes ill, incapacitated or dies?
The “real” living will* By Roza Gossage June 2010 A few light-hearted final words.
“When I’m 64”—Why elderly gay couples need marriage rights By Valerie Sherman 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.
Where the “rubber meets the road”: Advance directives in action By Daniel M. Moore, Jr. February 2010 You have helped a client plan ahead with advance directives such as the health care and property powers of attorney and possibly a living trust. Unless death is sudden, the efficacy of all three of these is going to depend upon the seamlessness of the transition when time for action has arrived.