Section Newsletters

Articles on Elder Law

Coping with declining health and finances: Ideas, thoughts, and suggestions for your Powers of Attorney By Paul A. Meints Elder Law, March 2004 The following items are some thoughts and suggestions, including sample drafting, for keeping your documents current.
Correction Elder Law, March 2004 In the book review of Long Goodbye: The Deaths of Nancy Cruzan by John Voorn (Vol. 9 No. 8, December 2003), a sentence was inserted by the editors saying that the Governor of Florida had signed a bill to reinsert a feeding tube into Terry Schiavo after a federal court had ordered the tube removed. It was a state probate judge that issued the order.
Dementia patients and the criminal justice system By John W. Foltz Elder Law, March 2004 What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
The elder boom: Are you ready? By Daniel M. Moore Elder Law, March 2004 The python is about to have another case of indigestion. The front end of the Boomer generation, likened by some to a pig in a long, extended python of flat birth rates, is about to enter its 'elderly' phase.
Making law offices elder-friendly: Advice from the field Elder Law, March 2004 In a recent e-mail exchange, several members of the ABA's Law and Aging Network, including Legal Services Developers and other elder lawyers, offered suggestions to make law offices more accessible and welcoming to older persons.
New federal prescription drug discount programs By Marc R. Miller Elder Law, March 2004 The President recently signed into law the Medicare Prescription Drug, Improvement and Modernization Act of 2003.
Prescription drug price relief-Now By Walter J. Zukowski & James S. Peters Elder Law, March 2004 While American seniors await the full impact implementation of the new prescription drug benefit to Medicare, many Illinois residents can already enjoy a variety of means of reducing prescription drug costs.
Gayan v. Illinois Department of Human Services: A special needs trust that didn’t work By Edward J. Mitchell Elder Law, December 2003 The appellate court in the Third District recently issued an opinion in Gayan v. Illinois Department of Human Services.
Seniors and gambling: Is it a growing problem? By Lee Beneze Elder Law, December 2003 Seniors have become a prime marketing target of the gambling industry.
Booze, gambling and sex: How debauchery can help seniors By Sharon R. Ruby Elder Law, September 2003 755 ILCS 5/11a-2 proffers three distinct definitions of a disabled adult, each of which can serve as the basis for adjudicating a person to be legally disabled and appointing a legal guardian:
GAO reports to Congress: Patient neglect worse than reported by CMS By Marjan Peter Staniec Elder Law, September 2003 The Government Accounting Office (GAO), the investigative arm of Congress, recently reported (July 2003) its findings of quality-of-care conditions in nursing homes, that during the period of July 11, 2000 to January 31, 2002, about 3,500 nursing homes were cited for serious patient care violations--ones in which patients are actually harmed or placed in immediate jeopardy of serious injury or death.
New state legislation affecting older citizens Elder Law, September 2003 The following bills affecting older persons were passed during the recent session of the Illinois General Assembly.
Thoughts on long-term care insurance By Marc R. Miller Elder Law, September 2003 With an aging population driving up the need for long-term care and increased awareness by elder law lawyers of the potential use of long-term care insurance (LTCI), it is becoming more and more important for attorneys to update their understanding of LTCI.
A short course on advanced directives By James B. Moses, Jr. Government Lawyers, August 2003 Have you ever been at a social function or family gathering, and approached by a family member or friend with the dreaded words:"You're a lawyer aren't you?"
Case note—Federal court denies appeal of ALJ’s denial of medicare coverage of experimental prostate surgery By Steven C. Perlis Elder Law, June 2003 The plaintiff was diagnosed with prostate cancer in 1994.
Scams go to war and to ground zero: Cons adapted to post-9/11 age Elder Law, June 2003 In this newsletter's continuing effort to keep lawyers informed of scams that may affect their clients (or themselves), it is interesting to see how the same basic confidence game adapts to new technology and to new times--presumably because it still gets results.
Check out the elder law Web site By John W. Foltz Elder Law, April 2003 Each section of the ISBA has its own Web site with some interesting and useful information relating to that section's area of practice.
Railroad retirement/social security dual benefits: beware of overpayments By Larry Smith Elder Law, April 2003 A railroad pensioner's spouse dies. The spouse had paid a substantial amount into Social Security and had received a retirement benefit prior to death.
Staying current Elder Law, April 2003 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.
Anatomical gifts: The ultimate recycle By Daniel M. Moore Elder Law, December 2002 Disposition of the body is probably one of the most difficult issues with which human beings and their loved ones ought to deal in life and estate planning.
Corrections Elder Law, December 2002 The following errors appeared in the October 2002 issue of Elder Law:
Long-term care insurance: Worthwhile risk for some Elder Law, December 2002 Long-term care (LTC) insurance has been around since at least the 1980s but it has increased in popularity, fueled by the advent of the baby boomers' realization that they may need nursing care.
Opening the door gently: Medicaid eligibility planning and the “three-year look-back” rule By Wesley J. Coulson Elder Law, December 2002 Employing a "give-everything-away-and-wait-three- years" approach to planning for Medicaid eligibility is like using a battering ram to open a door.
Consumer’s tool kit for health care advance planning Elder Law, October 2002 The ABA Commission on Law and Aging (formerly the Commission on Legal Problems of the Elderly) has made available on its Web site a set of 10 "tools" for consumers to be used in making health care decisions concerning advance directives and substitute decisionmakers.
Electronic monitoring for older persons: balancing privacy and security Elder Law, October 2002 In two recent articles, a Wall Street Journal reporter describes what could be a "brave new world of elder care" involving electronic monitoring
Greetings from the chair By Naomi H. Schuster Elder Law, October 2002 I am looking forward to my duties as Chair of the Elder Law Section Council. We have tremendous talent on the council this year.
Illinois cases of note Elder Law, October 2002 In a recent case, the Illinois Supreme Court decided that the section of the Probate Act allowing certain family members who cared for the deceased a right to a claim against the estate did not violate the Special Legislation, Equal Protection or Due Process clauses of the state constitution.
Viatical scams and senior settlements Elder Law, October 2002 A viatical settlement is (or can be) a way for a terminally ill person to get money from his or her life insurance policy before he or she dies.
Another Scam Enters The Electronic Age—Work-at-home offers: the new temptation of computer literacy Elder Law, June 2002 You or your client have probably seen the signs or ads promising thousands of dollars a year for working on a computer at home.
Book review: The Complete Idiot’s Guide to Caring for Aging Parents Elder Law, June 2002 While browsing in your local bookstore, you may have noticed two series of books addressed to groups not noted for buying books: Dummies and Complete Idiots. Both of these series ( . . . for Dummies and The Complete Idiot's Guide to . . . ) started (or became popular) as instructional books on computer-related topics.

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