2025 Articles

2025 Annual Department of Justice Report December 2025 The United States Department of Justice's 2025 Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse was recently released, summarizing activities during the prior fiscal year that were intended to promote elder justice through enforcement, raising public awareness, capacity building, victim support and recovery, and sharing data and research.

24 Legal Practice Tips By Colleen L. Sahlas January 2025 Tips learned from 24 years in legal practice of interest to trusts & estates practitioners.

Adult Protective Services Online Complaint Intake April 2025 Updates and resources on various topics of interest to Elder Law practitioners.

Adult Protective Services Online Complaint Intake March 2025 Updates and resources on various topics of interest to Elder Law practitioners.

Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2025 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

Call for Articles December 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.

Call for Articles November 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.

Call for Articles August 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.

Call for Articles July 2025 Read about how you can submit your articles for the Elder Law Section Newsletter.

Call for Articles June 2025 Information on submitting articles for the newsletter.

Call for Articles May 2025 Information on submitting articles for the newsletter.

Call for Articles April 2025 Information on submitting articles for the newsletter.

Call for Articles March 2025 Information on submitting articles for the newsletter.

Call for Articles February 2025 Information on submitting articles for the newsletter.

The Combined Guardianship and Mental Health Docket, or Calendar 20, Segregates Some of the Trees From the Forest By Ann Krasuski November 2025 The author of the companion article has not identified a problem that a combined docket solves. No doubt, the Mental Health Code (Code) and adult guardianship under the Probate Act address and strive to solve issues people face. Yet, as the author discusses, there are still shortcomings. But after several pages discussing gaps in mental health care and problems families face, she has not identified how establishing a combined docket solves any shortcomings or how it benefits respondents.

The Combined Guardianship and Mental Health Docket, or Calendar 20, Segregates Some of the Trees From the Forest By Ann Krasuski August 2025 The author of the companion article has not identified a problem that a combined docket solves. No doubt, the Mental Health Code (Code) and adult guardianship under the Probate Act address and strive to solve issues people face. Yet, as the author discusses, there are still shortcomings. But after several pages discussing gaps in mental health care and problems families face, she has not identified how establishing a combined docket solves any shortcomings or how it benefits respondents.

A Different Perspective to the Proposal for a Pilot Project To Establish a Single Docket for Mental Health and Guardianship Proceedings By Michelle Luburic November 2025 Recently, the County and Probate Divisions of the Cook County court system announced an exciting initiative seeking to enhance the lives of individuals living with mental illness and the friends and family who support them by merging the case management of respondents involved in both mental health and guardianship proceedings.

A Different Perspective to the Proposal for a Pilot Project To Establish a Single Docket for Mental Health and Guardianship Proceedings By Michelle Luburic August 2025 Recently, the County and Probate Divisions of the Cook County court system announced an exciting initiative seeking to enhance the lives of individuals living with mental illness and the friends and family who support them by merging the case management of respondents involved in both mental health and guardianship proceedings.

Elder Law Case Summaries: April 1, 2025, through June 30, 2025 By John W. Foltz August 2025 Summarise of case decisions that will impact elder law practitioners, particularly in the areas of guardianship; wills, trusts and estates; social security disability; pensions; and discriminatory firing practices.

Elder Law Section Council Leadership and Roster Changes July 2025 Welcome to the 2025-2026 Bar Year!

End of Year Donations November 2025 As 2025 ends, please consider including advocacy organizations, assistance programs, legal aid providers, and law schools as part of your end of year donations. Not-for-profit organizations receive most of the donations that make their services possible during November and December.

Enforceability of Non-Compete Agreements in Illinois By Ariana Thao & Lawrence Stark May 2025 Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).

Estate Planning for Animals By Timothy S. Midura July 2025 This article by Timothy S. Midura explores the often-overlooked area of estate planning for pets, framing it as a specialized form of special needs planning. Since pets are dependent, perishable beings lacking legal personhood, estate plans must explicitly address their care upon the incapacity or death of their human guardians. Despite their central role in many families, pets are legally treated as property, which complicates planning but also mandates it for ethical and practical reasons.

The Ethical and Practical Realities of Maintaining Authorized Contacts for Clients By Matthew Benson June 2025 There are practical benefits to attorneys and law firms to ineract with a client's designated authorized contact.

Exemptions to Notary Certification Requirements for Renewal By Ariana Thao & Lawrence Stark March 2025 As Elder Law attorneys, we routinely draft documents that require notarization, such as powers of attorney for property, deeds, various affidavits, and banking documents. As such, access to a notary and maintaining a notary certification can be crucial. Commencing January 1, 2024, requirements changed to obtain and renew a notary certification. But there are exceptions, which are discussed in this article.

Health and Human Services Policy Update July 2025 Read updates from Health and Human Services, Illinois Supreme Court News, Older Americans Act, and more!

Illinois and Federal Program Updates August 2025 A brief overview of changes to the Court-Based Rental Assistance Program, Illinois Multi-Sector Plan for Aging, and the Social Security Compassionate Allowances List.

Illinois State Bar Association Leadership Opportunities December 2025 Interested in serving on an ISBA Section Council? Be sure to self-nominate prior to the nomination deadline of January 15, 2026!

Illinois Supreme Court News December 2025 The past few months have seen various changes enacted by the Illinois Supreme Court, from requiring all Illinois Supreme Court opinions to be released with summaries, to amendments to several Illinois Pattern Civil and Criminal Jury Instructions, and everything in between.

Illinois Supreme Court News November 2025 A brief overview of legal developments in Illinois, including elimination of filing and appearance fees in minor guardianship cases, amendments to the Supreme Court Policy on Remote Court Appearances in Civil Proceedings, changes to several Illinois Supreme Court rules, and more.