Elder Law

Public Act 97-382

Topic: 
Do-Not-Resuscitate forms
(Feigenholtz, D-Chicago; Raoul, D-Chicago) makes two changes. Requires that the Department of Public Health publish its Uniform DNR Advance Directive form in Spanish, and that the form must meet the national, minimum requirements to be considered a physician's order to be a life-sustaining treatment form. Effective January 1, 2012.

House Bill 1712

Topic: 
Excluded powers of attorney
(Beaubien, R-Barrington; Silverstein, D-Chicago) excludes from the Illinois Power of Attorney Act certain kinds of limited agencies done primarily for various business, commercial, and governmental purposes that are executed by or for financial institutions. House Bill 1712 ensures that these kinds of POAs are not revoked using the statutory short form. Governor Quinn amendatorily vetoed this bill, and one of three things may happen when the General Assembly reconvenes in late October for veto session. (1) The General Assembly rules that the amendatory veto exceeds the Governor's authority and therefore kills the bill. (2) The General Assembly accepts the amendatory veto, and the law as amendatorily vetoed takes effect January 1, 2012. (3) The General Assembly overrides the Governor's amendatory veto and it takes effect without the amendatory veto changes. Text of the bill and the Governor's amendatory veto message may be found at the link below.

McDonald v. Illinois Department of Human Services

Illinois Appellate Court
Civil Court
Medicaid
Citation
Case Number: 
No. 4-10-0290
Decision Date: 
Tuesday, December 28, 2010
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Reversed.
Justice: 
POPE
Medicaid applicant transferred nearly $125,000 in cash gifts in the year leading up to her application for benefits, and her eligibility for medical assistance was thus delayed by imposition of a 17-month penalty period. Transfers of personal property for purposes of determining any penalty period include transfers of income and assets; if a transfer of income is made under circumstances that would render any other transfer nonallowable, the transfer of income is itself nonallowable.. Equitable estoppel is not applicable as to erroneous letter written in 2001 by then-chief of bureau of policy of predecessor to HFS, as the letter does not constitute an act by the State itself; chief is a ministerial officer. The asset-transfer policy and corresponding penalties of the federal medical-assistance laws are binding on any states participating in Medicaid program. (MYERSCOUGH and APPLETON, concurring.)

August 13, 2010 HFS proposed rules

Topic: 
Estate planning and Deficit Reduction Act
The State of Illinois is proposing rules to implement the federal Deficit Reduction Act. If you do any estate planning at all, you need to click on the August 13, 2010 Flinn Report below and review the Department of Health and Family Services proposed rules. HFS has scheduled a hearing in Chicago on September 13 to take testimony before the proposed rules are submitted to JCAR (Joint Committee on Administrative Rules) for JCAR's approval.

Elder Law

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