Elder Law

The newsletter of the ISBA’s Section on Elder Law

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2025 Articles

Is There a Duty to Assess a Client’s Capacity to Execute Estate Planning Documents? By Gary R. Gehlbach June 2025 To what extent, if at all, does an attorney have a duty to determine if a client has sufficient capacity to execute a last will and testament or other estate planning documents? Noting “that there is no Illinois law directly on the subject,” a recent First District Illinois Appellate Court decision characterizing this issue as a “case of first impression,” rejected plaintiff’s argument that “an affirmative duty [exists] to determine a client’s competence.” However, if the attorney is put on notice of a client’s disability, the attorney is “obligated to determine the extent of that disability with respect to [the client’s] capacity to alter her estate plan.”
ISBA 2025 Solo and Small Firm Conference Photos November 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
ISBA Leadership Opportunities November 2025 Interested in serving on an ISBA Section Council? Be sure to self-nominate prior to the nomination deadline of January 15, 2026! 
Join Us at the ISBA & IJA Midyear Meeting—a Taste of What’s Ahead By Ted M. Niemann November 2025 The Joint Midyear Meeting, hosted by the Illinois State Bar Association and the Illinois Judges Association, is a can't-miss event, offering CLE programs on democracy preservation and the ethical use of AI; a Member Appreciation Reception featuring Glow Bingo and prizes; the Illinois Bar Foundation for the Champions Breakfast; the IJA/ISBA Joint Midyear Meeting Luncheon; and a Holiday Reception honoring the Supreme Court of Illinois. Register today! 
LAWPAC Needs You! January 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
Legal Studies Survey June 2025 Illinois State University Professor Jason M. Cieslik, J.D. is conducting a survey to assess how attorneys utilize paralegals in their practice. The survey only takes between 10-15 minutes. Your participation is greatly appreciated!
The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to Refuse By Michael J. Fleck January 2025 Senate Bill 3421 was enacted as Public Act 103-0994 on August 9, 2024, to be effective January 1, 2025. The Public Act makes certain changes to the Illinois Power of Attorney Act, specifically under Section 2-8. This article will focus on the practical logistics of handling powers of attorney due to these recent amendments, to minimize the chance that powers of attorney are rejected by a third party.
Mark Your Calendars … June 2025 Upcoming events of interest.
Mark Your Calendars … May 2025 Upcoming events of interest.
Mark Your Calendars … April 2025 Upcoming events of interest.
Mark Your Calendars … March 2025 Upcoming events of interest.
Mark Your Calendars … February 2025 Upcoming events of interest.
Mark Your Calendars… December 2025 Mark your calendars for these upcoming holidays, events, and special occasions in January! 
Mark Your Calendars… November 2025 Mark your calendars for these upcoming holidays, events, and special occasions in December! 
Mark Your Calendars… August 2025 Mark your calendars for the following holidays, awareness days, and special days in September 2025. 
Mark Your Calendars… July 2025 Mark your calendars for the following dates in August 2025. 
Medicare Considerations for Senior Lawyers, Revisited By David Chroust November 2025 Learn more about your Medicare options, including the potential limitations on your ability to change between Original Medicare and a Medicare Advantage Plan, and then choose the best Medicare option for you by considering your personal preferences and circumstances.
Multi-Factor Authentication Is No Longer Optional for Legal Professionals By Brandon P. Woudenberg July 2025 This article emphasizes that multi-factor authentication (MFA) is essential for legal professionals, not just a 'best practice.' It highlights the increasing cyber threats in the legal industry and the need for attorneys to protect clients' data. It offers simple MFA options and discusses the risks of not using this security feature. Ultimately, the minor inconvenience of setting up MFA is worthwhile for the protection it provides against data breaches, reputational damage, malpractice claims, and disciplinary issues.
New Amendments to the Illinois Workplace Transparency Act Will Provide Greater Protection to Employees By Michelle T. Olson & Ellie M Hemminger December 2025 On August 15, 2025, Illinois Governor JB Pritzker signed House Bill 3638 into law, amending the Illinois Workplace Transparency Act (the “IWTA” or the “Act”) to provide enhanced protection for Illinois employees who enter into employment, termination or settlement agreements with their employers. Learn more about how this impacts employers. 
New Federal Reporting Requirement for Your Law Firm This Year By Annette Fernholz January 2025 A new rule under the Corporate Transparency Act now requires many businesses in the United States, including small law firms, to report information about who ultimately owns or controls them to the Financial Crimes Enforcement Network.
New Rule: Service of Process in Cook County By Judge E. Kenneth Wright, Jr. & Robert G. Markoff January 2025 A new law recently signed by Governor J. B. Pritzker now allows licensed private detectives and their employees to serve process in Cook County without court appointment. The new law became effective on January 1, 2025.
New Workplace Laws in 2025: What Employers Need to Know By Lindsay Dreis June 2025 Illinois has passed several new laws and made significant amendments to its key statutes governing employment that have gone into effect as of January 1, 2025. These modifications largely provide employees with broader protections and the ability to access documents concerning their employment as well as place more transparency requirements on employers.
One Big Beautiful Bill Act By Aaron D. Evans August 2025 This article discusses the 2025 One Big Beautiful Bill Act, including tax cuts, increased basic exclusion amount, SALT limitations, tax-deferred investment accounts, 529 plans, limitations on charitable deductions, and Pease limitations. 
Other Updates December 2025 The IRS has announced annual inflations and adjustments that will impact the 2026 tax year; Vanderbilt University researchers are conducting an interview study to learn more about the role of caregivers in memory loss or dementia; and the Long Term Care Community Coalition has launched the Nursing Home Staffing Resource Center. 
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan April 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings By Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy Sullivan February 2025 Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.
Recent Legal Developments November 2025 A summary of new state laws, impacts of the One Big Beautiful Bill Act, and 2024 Social Security cost-of-living adjustment. 
Reproductive Health Decisions Are Now Protected Under the Illinois Human Rights Act By Olga Beznashchuk December 2025 A brief survey of the historical journey of the Illinois Human Rights Act and subsequent legislation that offers protections for gender, sexual orientation, reproductive healthcare, and more. 
Response to the Proposal for a Pilot Project to Establish a Single Docket for Mental Health and Guardianship Proceedings By Ann Krasuski February 2025 The pilot project proposal seeks to create “a single court call wherein an assigned judge hears a case involving a resident with legal issues in both the County Division (Mental Health) and the Probate Division (Guardianship). The dually‐assigned judge would be … prepared to hear the matters under both areas of law.” There would be three “pathways” to this combined docket, according to the proposal.
Rural Practice Fellowship Program August 2025 Find out more about the 2026-2027 Rural Practice Fellowship Program!