Elder Law

Senate Bill 397

Topic: 
Illinois Estate Tax
(Hutchinson, D-Chicago Heights; Bradley, D-Marion) changes the State tax credit of the Illinois Estate and Generation-Skipping Transfer Tax Act to be $2 million for persons dying before Jan. 1, 2012; $3.5 million for persons dying on or after Jan. 1, 2012 but before Jan. 1, 2013; and $4 million for persons dying on or after Jan. 1, 2013. It has passed both chambers as part of the CME/Sears tax package, and Governor Quinn has indicated that he will sign it.
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Frerichs v. The State of Illinois

Frerichs v. The State of Illinois
Illinois Appellate Court
Civil Court
Medicaid
Citation
Case Number: 
2011 IL App (4th) 101046
Decision Date: 
Tuesday, October 11, 2011
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
McCULLOUGH
DHFS and DHS found Plaintiff eligible for Medicaid assistance but assessed 8-month penalty due to nonallowable transfers of over $13,000 of her assets to her son, who was POA, including income. Defendants' calculation of 8-month penalty period complied with relevant Medicaid laws, and was a proper interpretation of asset-transfer policies, and was not a fraud or injustice, as the gifted income could have been used to assist with Plaintiff's long-term care and offset the government's contributions. Opinion letter from four years prior to transfers, written by chidef of bureau of policy of Department of Public Aid as to permissible timing of transfers, was an unauthorized act of a ministerial officer, not an act by the state. (KNECHT and COOK, concurring.)

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.
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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.
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McDonald v. Illinois Department of Human Services

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.
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Elder Law

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