2011 Articles

2011 Elder Law Quick Guide: Important numbers to remember February 2011 A quick reference guide to Medicare/Medicaid facts and figures.

Casenote By John W. Foltz June 2011 The facts of Carlson v. Glueckert illustrate the difficulty for a layman in preparing their own power of attorney.

Cook County Circuit Court nears implementation of Elder Law Division By Anthony J. DelGiorno June 2011 The Honorable Patricia Banks has been named as the presiding judge of the new division, which she hopes will be up and running sometime in 2011.

Estate of Henry continues to make waves By Amanda M. Byrne February 2011 The 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.

From the Editor By Anthony J. DelGiorno June 2011 A farewell message from Editor Anthony DelGiorno.

From your editors By Heather McPherson & Charles LeFebvre December 2011 An introduction to the issue from Editors Heather McPherson and Chuck LeFebvre.

Implementation by the Illinois Department of Health and Family Services of the Federal Deficit Reduction Act of 2005 By Anthony B. Ferraro December 2011 A summary of the Federal Deficit Reduction Act of 2005, implemented by the Illinois Department of Health and Family Services.

JCAR kills proposed HFS rules implementing DRA By Anthony J. DelGiorno June 2011 At 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.

Note from the editor By Anthony J. DelGiorno February 2011 An introduction to the issue from Editor Tony DelGiorno.

Notes from the Chair By Lee Beneze June 2011 A note from Elder Law Chair Lee Beneze.

Poruba v. Poruba: Partitioning a life estate from a remainder interest By Michael R. Lucas June 2011 In 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 assets By Steven C. Perlis June 2011 Under 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.

Shades of gray matter: Serving the client with diminishing capacity By Daniel M. Moore February 2011 The 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.

Summary of DRA changes that will affect your clients and how you process their Medicaid applications By Kerry R. Peck & Diana M. Law December 2011 A summary of the major changes going into effect on January 1, 2012.

Who’s in charge? By Lee Beneze & Anthony J. DelGiorno February 2011 Important contact information for Congressional leadership.