Book review—Issues in Long-Term CareBy Edward J. MitchellDecember 2003The Illinois Institute for Continuing Legal Education has recently published Issues in Long-Term Care.
Booze, gambling and sex: How debauchery can help seniorsBy Sharon R. RubySeptember 2003755 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:
Check out the elder law Web siteBy John W. FoltzApril 2003Each section of the ISBA has its own Web site with some interesting and useful information relating to that section's area of practice.
Do-It-Yourself Will kit—For a few dollars moreBy William L. CleaverApril 2003Call me a glutton for punishment, but when I saw the ad in a recent Sunday news magazine for the Do-It-Yourself Will kit, I was sure that with the passage of time to further research and develop, the gaps I had found in past publications would have been filled in.
Former council chairs honoredSeptember 2003Two former chairs of the Elder Law Section Council were recently honored by the ISBA.
GAO reports to Congress: Patient neglect worse than reported by CMSBy Marjan Peter StaniecSeptember 2003The 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.
Identity theft and the elderlyBy Marc R. MillerApril 2003Anyone can find their identity electronically stolen and face the repercussions of cleaning up a mess that they originally had no part of. For the Elder Law lawyer, this may involve a client whose financial information is stolen through a credit card, by inappropriate telephone calls or a sales person who takes advantage of the naïveté of an elder person.
Is it time to modify the Small Estate Affidavit Act?By Daniel C. HawkinsJune 2003Under Illinois law, the beneficiaries of a decedent's estate can avoid probate and use small estate affidavit to transfer assets provided the gross value of the decedent's entire personal estate, including the value of all property passing to any party, either by intestacy or under a will does not exceed $50,000.
Message from the ChairBy John F. ErbesSeptember 2003Another bar year is underway and I am very honored to be the Chair of the Elder Law Section for 2003-2004.
Scams go to war and to ground zero: Cons adapted to post-9/11 ageJune 2003In 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.
Staying currentApril 2003When 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.
Storm warnings for Medicaid plannersBy Mark HaneyApril 2003ATTORNEYS BEWARE. There's a "storm" on the Medicaid planning horizon blowing in from the East Coast, in particular, from Connecticut
Supreme Court upholds IOLTA funding for legal aidBy Lee BenezeJune 2003The United States Supreme Court has made a final ruling on the constitutionality of using IOLTA (Interest on Lawyers' Trust Accounts) for the funding of legal services for low-income persons.
Thoughts on long-term care insuranceBy Marc R. MillerSeptember 2003With 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.
Using and interpreting powers of attorneyBy John F. ErbesApril 2003A question was posed on one of the ISBA listservs recently about the proper method of utilizing an Illinois Statutory Short Form Power of Attorney for Property