Articles From John W. Foltz | Illinois State Bar Association

Case summaries By James Ferolo, Sonni Choi Williams, Rita Elsner, John W. Foltz, Phillip B. Lenzini, Joshua Herman, & Matthew S. Dionne Local Government Law, January 2017 Recently decided Illinois decisions, compiled by this section's Litigation Committee.

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

History of township government By John W. Foltz Local Government Law, February 2010 Township government has its origins in that checker-board system of local geography which a township map of Illinois depicts. The precise forms under which the people of Illinois are today governing themselves have been largely shaped by the history of the State.

Case note: Williams v. Estate of Cole, 393 Ill.App.3d 771 (1st Dist. 2009): Regarding the Substitution of a Judge By John W. Foltz Elder Law, December 2009 The Williams case concerned a petition seeking to have a guardianship appointed for Shirley Cole.

Reconciliation of apparent conflict between state and federal law by Supreme Court holds that community spouses are liable for certain long-term care costs By John W. Foltz Elder Law, January 2009 A summary of the case of Poindexter v. Department of Human Services, 229 Ill. 2d 194 (May 27, 2008).

Note from the Chair By John W. Foltz Elder Law, October 2007 Six years ago, I was appointed to be a member on the Elder Law Section Council for the Illinois State Bar Association.

Case Note: Estate of Kohlenbrener, 356 Ill.App.3d 414 (1st Dist. 2005) By John W. Foltz Elder Law, May 2007 In the Kohlenbrener case, the court had to decide whether a fee agreement between the decedent and two lawyers survived the decedent’s death.

Case Note: Estate of Lower, 365 Ill.App.3d 469 (2nd Dist. 2006) By John W. Foltz Elder Law, May 2007 The Probate Act allows a certain class of people to file a custodial claim against a decedent’s estate.

Casenote: In re Peter DeForest Winthrop, Attorney, Respondent, 2006 WL 724822 (March 2006) By John W. Foltz Elder Law, May 2006 This case note will only review the issues raised concerning the attorney’s duty with regard to drafting the power of attorney.

Casenote: In re: Kohlenbrener v. North Suburban Clinic, Ltd. 356 ILL.APP.3D 414 (1ST DIST. 2005) By John W. Foltz Elder Law, May 2006 Does a fee agreement between an attorney and a client terminate at the client’s death?

Suspension of driving privileges for the elderly: Can a doctor do it? By John W. Foltz Elder Law, June 2005 Who has a duty to make this type of report to the Secretary of State?

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 highway commissioner By John W. Foltz Mineral Law, December 2003 On the whole, the powers of the highway commissioner are both broad and wholly discretionary and as many who have practiced in this area have discovered, relatively unfettered.

The highway commissioner By John W. Foltz Agricultural Law, September 2003 The following is condensed from materials presented by John W. Foltz at the ISBA's Agricultural Law Seminar sponsored by the Agricultural Law Section Counsel.

Case note: Agent’s power in short form power of attorney for property limited to powers granted by statute without additional language By John W. Foltz Elder Law, April 2003 On March 29, 2002, the appellate court made an important decision re-emphasizing the limitations of the language of the Statutory Short Form Power of Attorney for Property (SSFPOA).

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.

Identity theft and the elderly By John W. Foltz Elder Law, January 2002 Identity theft has been with us for some time. Those of us who practice in the family law arena have encountered it when an ex-spouse uses the information they have acquired during the marriage to obtain credit in the name of their former spouses.

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