Call for ArticlesElder Law, March 2025Information on submitting articles for the newsletter.
Exemptions to Notary Certification Requirements for RenewalBy Ariana Thao & Lawrence StarkElder Law, March 2025As 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.
Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship ProceedingsBy Judge Maureen Ward Kirby, Judge Daniel Malone, & Judge Susan Kennedy SullivanElder Law, February 2025Because 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.
Response to the Proposal for a Pilot Project to Establish a Single Docket for Mental Health and Guardianship ProceedingsBy Ann KrasuskiElder Law, February 2025The 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.
Thirteen Red Flags for Spotting Problem ClientsBy Matthew BensonElder Law, February 2025The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you.
Updates & ResourcesElder Law, February 2025Updates and resources on various topics of interest to Elder Law practitioners.
24 Legal Practice TipsBy Colleen L. SahlasElder Law, January 2025Tips learned from 24 years in legal practice of interest to trusts & estates practitioners.
The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to RefuseBy Michael J. FleckElder Law, January 2025Senate 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.
New Federal Reporting Requirement for Your Law Firm This YearBy Annette FernholzElder Law, January 2025A 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 CountyBy Judge E. Kenneth Wright, Jr. & Robert G. MarkoffElder Law, January 2025A 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.
Statutory Amendments Affecting the Illinois Power of Attorney for Property – Boon or Bane for Estate Planning Attorneys?By Mia O. Hernandez & Jennifer Bunker SkerstonElder Law, January 2025Public Act 103-0994, effective January 1, 2025, amended the Illinois Power of Attorney Act to add and describe unreasonable and reasonable causes for a third party to refuse to honor powers of attorney for property. The impetus for the Act’s amendment was to redress the perceived problem that it is not uncommon for third parties to unreasonably reject powers of attorney for property.
Upcoming WebinarsElder Law, January 2025Mark your calendars for these upcoming webinars from the Office for Older Americans at the Consumer Financial Protection Bureau.
Asset Protection Benefits of Continuing TrustsBy Allison VogeElder Law, October 2024A beneficiary’s right to serve as, remove, and appoint a trustee and withdraw and distribute assets will impact the protection of trust assets.
Call for ArticlesElder Law, October 2024Information on submitting articles for the newsletter.
Updates & ResourcesElder Law, October 2024Updates and resources on various topics of interest to Elder Law practitioners.
2025 ARDC RegistrationElder Law, September 2024Illinois ARDC switches to electronic notices.
Call for ArticlesElder Law, September 2024Information on submitting articles for the newsletter.
Elder Law Case Summaries: April 1, 2024, through June 30, 2024Elder Law, September 2024Summaries of written decisions issued in cases of interest to the Elder Law practitioner between April 1, 2024, and May 30, 2024, follow (taken from the ISBA daily E-Clips).
