2013 Articles

Adult protective services By Karen Alice Kloppe September 2013 Governor Quinn signed House Bill 948 into law as Public Act 98-49, effective July 1, 2013. This new law adds Illinois to the ranks of other states that operate a single Adult Protective Services Program.

Affordable Care Act (Obamacare) applied to “elder” clients By Roza Gossage November 2013 Fortunately, for the Elder Law practitioner, the ACA has limited application to our elder law clients.

Case note: In re Estate of John P. Hanley, an Alleged Disabled Person, 2013 IL App (3d) 110264 (Sept. 6, 2013) By Susan Dawson-Tibbits November 2013 This case presents a good example of the lengths to which family members in a dysfunctional family will go to gain control over or seek revenge on other family members, using an elderly family matter as the means.

Case Note: Maplewood Care, Inc. v. Arnold, 2013 IL App (1st) 120602 (May 9, 2013) By Amy M. Rupiper November 2013 This case is significant in that the court held that the Illinois Skilled Nursing and Intermediate Care Facility Code essentially provides for strict liability for any failure, no matter how unintentional, to perform a criminal background check on residents to determine with they are “identified offenders.”

A comment on the “Snowbirds Fly Free of Illinois Tax” article By Donald L. Shriver September 2013 A reader suggests that as estate planners and advisers for clients who are former Illinois “residents,” it is necessary to be careful of other matters related to estate planning documents.

The demise of Drews: The right of a guardian to file for divorce on behalf of a ward By Margaret C. Benson February 2013 On October 4, 2012 the Illinois Supreme Court finally removed In re Marriage of Drews from life support by overturning the nearly 26-year-old opinion.

Every will needs a paragraph allowing for a supplemental needs trust By Carl M. Webber & J. Amber Drew April 2013 A gift to a disabled person can result in automatic disqualification from a number of well-known government assistance programs.

1 comment (Most recent May 16, 2013)

Illinois tries to ensnare snowbirds (again) By Steven E. Siebers & Emily Schuering Jones September 2013 This is a follow-up to the article titled “Snowbirds Fly Free of Illinois Tax” that was published in the February 2013 edition of the ISBA Trusts & Estates Newsletter.

Limited liability companies, life insurance and business succession development planning By Randall H. Borkus April 2013 Transitioning ownership of a business to the next generation can be pretty complex stuff for many business owners so we really need alternatives to offer our business clients.

Message from the Chair By Kristi Vetri September 2013 A message from Section Chair Kristi Vetri.

The necessary resolution for 2013: Don’t lose sight of the changing VA pension landscape By Zach Hesselbaum February 2013 On October 26, 2012, the VA released its first sweeping change to the VA pension benefit with VA Fast Letter 12-23, regarding “Room and Board as a Deductible Unreimbursed Medical Expense.”

Notes from the Editors By William Siebers & Peter Ashmore February 2013 An introduction to the issue from Co-Editors Peter Ashmore and Bill Siebers.

Pour me another trust By Heather McPherson November 2013 Decanting is a great tool for practitioners to use in one’s estate, trust, and elder law practice, because it allows trusts that could otherwise not be changed to be rewritten to adjust to changed circumstances, as well as for corrections to trusts that were poorly drafted.

Snowbirds fly free of Illinois tax By Steven E. Siebers & Emily Schuering Jones September 2013 In a surprisingly taxpayer-friendly decision, Cain v. Hamer provides a judicial road map for Illinois residents who spend a portion of the year out of state.

The standards for appointment in cases where multiple individuals are competing for guardianship By Donald A. LoBue June 2013 There is ample guidance in the statutes and case law as to the standards that should be applied in the appointment of a guardian. Of paramount concern in the selection of a guardian is the best interest and well-being of the disabled person.

Supreme Court upholds common law rule that self-settled trusts with spendthrift provisions are per se fraudulent and void as to creditors. Charity able to enforce pledge that donor wished to revoke By Edward J. Mitchell June 2013 A summary of the recent case of Rush University Medical Center v. Sessions.