Articles on Elder Law

Deceptive practices in prepaid funeral plans By Lee Beneze Elder Law, June 2000 On April 10, 2000, the Senate Select Committee on Aging held a hearing on financially deceptive and fraudulent practices in the prepaid funeral and burial industry.
Health care: The Office of the Attorney General and how it can be of assistance to you By Mardyth E. Pollard Elder Law, June 2000 Quality health care is an issue that affects all of us; and as we grow older, good health care becomes even more important in our daily lives.
Identifying and reporting health care fraud: part II By Lee Beneze Elder Law, June 2000 As noted in the first part of this article (See Elder Law, Vol. 5, no. 3, May 2000), the cost of health care fraud and abuse in this country--out of a trillion dollar expenditure for health care--may be as much as a quarter of a billion (not million!) dollars every day.
“Let’s kill all the lawyers”? By Edward F. Stanula Elder Law, June 2000 I had to read through Macbeth and half of King Lear before I found Shakespeare's quotation on lawyers.
The need of homebuyers and sellers for independent counsel By Stanley B. Balbach Elder Law, June 2000 The profession has a duty to inform the members of the public as to when they have a problem deserving of the services of a lawyer.
New assisted living law to be implemented in 2001 By Lee Beneze Elder Law, June 2000 The Assisted Living and Shared Housing Act (Public Act 91-0656) was passed by the General Assembly in the 1999 spring session.
Not an elder law self-help book Elder Law, June 2000 Seeing the title Fifty and Beyond: The Law You and Your Parents Need to Know, one might think that it's another legal self-help book, this time directed to older persons.
Notes from the chair By Constance B. Renzi Elder Law, June 2000 As I sit down to write these notes, I can hardly believe that it is time to pass the baton to the newly appointed chairperson of the Elder Law Section Council, Lee Beneze, vice-chairperson William Cleaver, and secretary, Naomi Schuster.
Power to make organ donations added to health care power of attorney By John F. Erbes Elder Law, June 2000 The Statutory Short Form Power of Attorney for Health Care has been amended by P.A. 91-240, effective January 1, 2000 to allow individuals to make an anatomical gift part of their health care power of attorney and authorize the agent to effectuate the organ donation.
Aging delayed—aging denied? By Lee Beneze Elder Law, May 2000 This article is based on "Can Human Aging Be Postponed?," Scientific American, Vol. 281, No. 6 (December, 1999), pp. 106-111.
Health care fraud is everybody’s business By Lee Beneze Elder Law, May 2000 The Illinois Department on Aging is a participant, along with other state and federal agencies, in a federal initiative called "Operation Restore Trust."
Illinois annual Elder Rights Conference planned By Lee Beneze Elder Law, May 2000 The 14th Annual Elder Rights Conference, organized by the Illinois Department on Aging, will be held in Chicago on August 2 and 3, 2000, at the Holiday Inn City Center.
Viatical settlements: a summary and update Elder Law, May 2000 A viatical settlement is a transaction in which a holder of a life insurance policy sells the policy before his or her death and receives a percentage of the face value.
Baby boomers age and the effect on all of us By Edward J. Mitchell Elder Law, March 2000 Age Power:How the 21st Century Will be Ruled by the New Old by Ken Dychtwald, Ph.D. (Tarcher/Putnam, 1999 236 pp. $24.95) is not a law book as such nor does it give specific examples that we can use in our day-to-day practice.
Care hurts Elder Law, March 2000 A recent study of persons who provide unpaid care to older persons indicated that two-thirds of the persons studied suffered economic loss in lost promotions, pay raises and training opportunities.
Regulatory changes By Steven C. Perlis Elder Law, March 2000 It used to be that somebody going on Medicaid could buy an annuity, so long as it was a single payment, was irrevocable, and met the federal and state life expectancy table requirements.
Supreme Court holds age discrimination law not applicable to states Elder Law, March 2000 In Kimel et al. v. Florida Board of Regents, et al. (No. 98-791), the U. S. Supreme Court held that the federal Age Discrimination in Employment Act (ADEA) could not be used to bring an action against states as employers.
Survey of members of the Elder Law Section Illinois State Bar Association January, 2000 Elder Law, March 2000 This is a survey of the members of the 1999-2000 Elder Law Section to be taken in the months of March and April, 2000.
2000 Federal Census will include inquiries on grandparental caregivers By Lee Beneze Elder Law, November 1999 Few people stop to think that one measure of the importance of a social, economic or demographic trend is when questions related to it are included in the federal decentennial census.
Brief summaries of some recent legislation signed by the Governor By Lee Beneze Elder Law, November 1999 PA 91-244 (HB 524) (signed July 22, 1999)--Provides that each license application (or renewal form) to a person required by law to report child abuse or elder abuse shall include the telephone numbers where such reports should be made.
The double helix: ID 2000 By Daniel M. Moore Elder Law, November 1999 It can't be forged. It can't be lost. It's good for our lifetimes--and even beyond. It courses through our veins, it's in our bones and in every cell of our bodies, and each of us has a very unique one.
An elder-friendly office Elder Law, November 1999 In a recent article in the ABA Journal, Jerome Ira Solkoff suggests ways to make a lawyer's office inviting to older persons.
Illinois Annual Elder Rights Conference a success By Lee Beneze Elder Law, November 1999 The 13th Annual Elder Rights Conference, organized by the Illinois Department on Aging, was held in Chicago on July 28 and 29.
National Aging and Vulnerable Adult Clearinghouse opens Elder Law, November 1999 The Wisconsin Coalition Against Domestic Violence (WCADV) has announced that is has opened the National Aging and Vulnerable Adults Clearinghouse (NAVAC) with funding from the U.S. Department of Justice's Violence Against Women Office.
New end-of-life laws from other states Elder Law, November 1999 Here is some legislation concerning end-of-life decisions that was recently passed in various states.
Resources for the elder lawyer Elder Law, November 1999 What "Fair Housing" Means for People with Disabilities is a new booklet published by the Bazelon Center for Mental Health Law.
Senior citizens’ real estate tax exemptions for married persons By Carl H. Stowe Elder Law, November 1999 Counsel helping senior citizens with application for any one of three exemptions which may apply to real property used as a home should be mindful of the fact that married persons who maintain separate residences qualifying as homestead property may not be entitled to the same relief as single persons who are over 65.
Stops on the info-highway: Kansas Elder Law Network and WashLaw Elder Law, November 1999 This is the first of an occasional series of articles highlighting Web sites of interest to elder lawyers.
Tobacco and older persons: of studies and settlements Elder Law, November 1999 For a generation that was raised on the idea of smoking cigarettes, pipes and cigars as a basic activity of adulthood, the change in society's attitude over the last fifteen years must be disconcerting.
Contributions welcome Elder Law, June 1999 The Elder Law newsletter serves as the communications vehicle for and between members of the Elder Law Section, other practitioners and the legal profession at large.

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