Articles on Elder Law | Illinois State Bar Association

Yet another joint tenancy case… By Philip E. Koenig Trusts and Estates, May 2006 The Second District Appellate Court recently decided another case, In re Estate of Shea, resolving ownership of joint tenancy bank accounts established by a decedent during his lifetime.

Nursing homes: Despite increased oversight, challenges remain in ensuring high-quality care and resident safety Health Care Law, March 2006 Editor’s Note: With about 17,000 nursing homes in operation in the U.S., having a total bed capacity of around 1.8 million, the nursing home industry is one of the most significant sectors of our health care system.

The Bankruptcy Abuse Prevention and Consumer Act of 2005 and its impact on seniors By Roza Gossage Elder Law, February 2006 The U.S. Congress has drastically revised the procedures and rules relating to the filing and discharge of a debtor in bankruptcy.

Elder notes Elder Law, February 2006 Home health and hospice drug dispensation and administration act.

Seventeenth Judicial Circuit hosts Elder Abuse Symposium By Sherri Rudy Elder Law, February 2006 Those of you who regularly follow this newsletter may recall that one of my goals as last year’s chairman of the section was to present a CLE on Elder Abuse and Financial Exploitation featuring Deputy District Attorney Paul Greenwood from San Diego County, California as the keynote speaker.

Elder notes Elder Law, November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.

The most important person in the courtroom By Steven C. Perlis Elder Law, November 2005 Mrs. E reminded everyone that she was the most important person in the courtroom. Indeed one might ask why it sometimes seems to take somebody as feisty as Mrs. E to remind us of that?

Update on Hines v. IDPA Elder Law, November 2005 Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225 (2005) was decided by the Third District Appellate Court on May 20, 2005.

Casenote: Estate recovery against the estate of medicaid recipient’s surviving spouse violates federal law By Charles LeFebvre Elder Law, June 2005 The case of Hines v. Department of Public Aid, No. 3-04-0162, 2005 WL 1218677 (May 20, 2005), arose after the department provided Medicaid benefits to Julius Hines from August 1994 until his death in July 1997.

Casenote: Requirements for claiming unemployment compensation when voluntarily leaving employment to care for ailing family member By Peter R. Olson Elder Law, June 2005 What did the plaintiff caregiver need to do in order to qualify for unemployment benefits when she voluntarily left employment in order to assist her ailing father?

Here’s why you should know about the Statutory Declaration for Mental Health Treatment By Charles LeFebvre Elder Law, June 2005 A durable health care power of attorney can be a useful instrument for assisting clients as part of an estate plan or, in the case of aging clients, to address specific concerns that the client may have medical needs and be incapable of using appropriate judgment when these needs arise due to mental deterioration.

Suspension of driving privileges for the elderly: Can a doctor do it? By John W. Foltz Elder Law, June 2005 Who has a duty to make this type of report to the Secretary of State?

What is the Circuit Breaker Program? By Lee Beneze Elder Law, June 2005 Circuit Breaker is a program to assist seniors, administered by the Illinois Department on Aging. Until recently, the program was administered by the Illinois Department of Revenue.

What is a Certified Legal Nurse Consultant or CLNC®? By Maralee K. Gray Elder Law, May 2005 A Certified Legal Nurse Consultant or CLNC® is a valuable asset to any attorney or law firm. Many legal professionals do not completely understand what a CLNC® is or how they are different from a paralegal or a legal secretary.

Annuities: Uses, misuses and abuses By Heather McPherson Elder Law, March 2005 Annuities are a poor investment vehicle for most senior citizens. However, they can be a valuable tool when planning for long-term care if Medicaid qualification is desired.

Limitations on community spouse assets By Edward J. Mitchell Elder Law, March 2005 The Appellate Court in the Second District recently issued an opinion in Harris v. Department of Human Services.

Purchase of annuity-Medical assistance eligibility By Walter J. Zukowski Elder Law, March 2005 In the case of Gillmore v. Illinois Department of Human Services, the 4th District Appellate Court held that an annuity purchased by a nursing home resident was a non-allowable transfer of assets.

Staying current Elder Law, March 2005 When meeting with "community spouses," make sure you are using the updated figures for the Community Spouse Asset Allowance and the Community Spouse Monthly Maintenance Needs Allowance.

Informed consent in the elder law practice By Susan Dawson-Tibbits Elder Law, January 2005 In June, 2004, the General Assembly of the Illinois State Bar Association approved a revision of the Illinois Code of Professional Responsibility, the rules of ethical conduct governing the conduct and behavior of Illinois lawyers.

Clarifications and corrections Elder Law, October 2004 Corrections.

Have an answer? You do now By Marc R. Miller Elder Law, October 2004 Over time, the author has compiled his own resource "go-to" list. It has helped him be of service to the client at little or no cost.

The Illinois Long-Term Care Ombudsman: Advocating for residents By Lee Beneze Elder Law, October 2004 The Illinois Long Term Care Ombudsman Program advocates for senior residents of long-term care facilities in the state of Illinois.

Keeping Current: IDPA publishes proposed changes to regulations Elder Law, October 2004 IDPA publishes proposed changes to regulations.

Scamming the scammers Elder Law, October 2004 Not to be outdone by Nigeria, Canada has come up with its own scam on older persons.

Stops along the Information Superhighway - The ABA Commission on Law and Aging Elder Law, October 2004 The Web site of the ABA Commission on Law and Aging (www.abanet.org/elderly) is worth visiting every so often.

Visitability-A welcome idea in home design Elder Law, October 2004 When people think of accessibility aspects of home design-such as wheelchair ramps and siderails in the bathroom, they usually think of those features as either being present in a home or facility designed for persons with physical disabilities or having to be installed in a home of one who recently became disabled.

A primer on caregiver stress for the elder law practitioner By Charles LeFebvre Elder Law, June 2004 Most practitioners realize that the elder law practice is not so much assisting clients and their families with the legal affairs associated with aging-the typical definition.

Terri’s Law: Lessons learned, hard lessons avoided By William L. Cleaver Elder Law, June 2004 The tragic legal odyssey of Terri Schiavo continues. Ms. Schiavo is the 40-year-old woman in Florida who has been in a persistent vegetative state for 10 years.

To the editors Elder Law, June 2004 While Paul A. Meints' article in the March 2004 Elder Law newsletter presents some interesting possible customizations of both the health care and property powers of attorney, the suggestions raised three issues in my mind.

Collection activity for a nursing home may be a violation of the Fair Debt Collection Practices Act By Naomi H. Schuster Elder Law, March 2004 During the past year I represented a client who found himself as a Defendant in an action filed by a nursing home in the Chicagoland area for nonpayment on a personal guarantee for his deceased sister's nursing home expense.

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