CasenoteBy John W. FoltzElder Law, June 2011The facts of Carlson v. Glueckert illustrate the difficulty for a layman in preparing their own power of attorney.
JCAR kills proposed HFS rules implementing DRABy Anthony J. DelGiornoElder Law, June 2011At its May 10, 2011 hearing, the Illinois Legislature's Joint Committee on Administrative Rules committee moved to a final vote and unanimously rejected the Department’s proposed rules to implement the Deficit Reduction Act and its revisions to Medicaid and asset transfer allowances.
Poruba v. Poruba: Partitioning a life estate from a remainder interestBy Michael R. LucasElder Law, June 2011In Poruba v. Poruba, the Appellate Court affirmed the trial court’s dismissal of the plaintiff’s action finding that a single life tenant has no authority to force a partition upon a single remainderman.
Refusal to disclose assetsBy Steven C. PerlisElder Law, June 2011Under current Department of Human Services policy, the community spouse may elect not to disclose assets that have been held separately by the community spouse longer than the applicable look-back period.
Estate of Henry continues to make wavesBy Amanda M. ByrneElder Law, February 2011The two related cases, Henry III and Henry IV, involve a judgment that was upheld on appeal on behalf of Richard V. Henry, an elderly and infirm former attorney, against one of his caretakers.
Shades of gray matter: Serving the client with diminishing capacityBy Daniel M. MooreElder Law, February 2011The likelihood elder law attorneys will be dealing with greater numbers of clients with diminished capacity continues to increase. New Rule 1.14 of the Illinois Rules of Professional Conduct and the ABA/APA Handbook for Lawyers can work together to best maintain the normal client-lawyer relationship.
Who’s in charge?By Lee Beneze & Anthony J. DelGiornoElder Law, February 2011Important contact information for Congressional leadership.
New Medicaid rules harm women, seniorsBy Diana M. LawWomen and the Law, October 2010The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money for any reason to family members and charities, since it presumes the money was transferred to qualify for Medicaid long-term care benefits.
New senior minefield: The DRA comes to IllinoisElder Law, June 2010The Federal Deficit Reduction Act of 2005 imposes harsh penalties against seniors who gift money to family members and charities.
Not just a billBy Mary CascinoElder Law, June 2010HB 6477, which revises the Illinois Power of Attorney Act to minimize abuses, has passed the Illinois General Assembly and is ready for the Governor to sign.
Book review: Author offers hope for better end-of-life careBy Enid KempeElder Law, April 2010Last Rights gives us a sense that with attainable changes in law and policy, medical training, and hospital habits, a better end-of-life experience can be made available to those who are gradually dying.
Case note: In re the Estate of FallosBy Edward J. MitchellElder Law, April 2010The court in this case discussed the trend toward limited guardianships and found that they should be encouraged when a person is not totally without capacity to direct others concerning his care.
“When I’m 64”—Why elderly gay couples need marriage rightsBy Valerie ShermanElder Law, April 2010The hospital issues, estate planning, and inheritance issues that younger gay couples worry about come to reality as long-term gay couples age, affecting the elderly most acutely.
An alternative: Public housing or housing vouchersBy Donald A. LoBueElder Law, February 2010Some attorneys in the elder law practice spend a considerable amount of time advising clients on how to qualify for Medicaid and Medicare. As a general rule, Medicaid does not come into play until a person with a medical condition needs assisted care.
Legislative update: What to expect beginning January 1, 2010By Susan Dawson-TibbitsElder Law, December 2009The Illinois General Assembly recently passed two bills that will have an impact on our elderly clients. Both of these bills become law as of January 1, 2010.
Use of trusts in VA pension planningBy Steven C. PerlisElder Law, December 2009This article is on the use of trusts in qualifying veterans and their survivors or dependents for VA pension benefits. The pension benefit can be helpful in paying for unreimbursed medical costs, and often makes the difference between remaining at home and premature admission into a nursing facility.
Representing hoardersBy Michelle SternbergElder Law, October 2009In order to provide good representation to hoarders, it is important to understand the condition.
Alternative method for enrolling grandchildren in local school district proposedBy Ford C. JuneElder Law, July 2009Oftentimes, grandparents are called upon to take care of their grandchildren for extended periods of time. If the parent lives in a different school district than the grandparent, the grandparent’s school district will often request the grandparent to become the grandchild’s guardian.
