2005 Articles

Annuities: Uses, misuses and abuses By Heather McPherson March 2005 Annuities are a poor investment vehicle for most senior citizens. However, they can be a valuable tool when planning for long-term care if Medicaid qualification is desired.

Care for Spike from the grave: The new Pet Trust Act By Daniel C. Hawkins January 2005 Many elderly persons treat their pets as if they were their own children. A client may request that as a part of his or her estate plan, Spike be taken care of from the grave, but until recently Illinois law did not allow trusts for pets.

Casenote: Collecting attorneys fees in probate court following the ward’s death By Peter R. Olson November 2005 The circuit court retains subject-matter jurisdiction over proceedings to enforce an order commanding the ward’s trust to pay attorney fees to the guardianship petitioner and the guardian ad litem, although the ward of the guardianship estate died and the guardianship estate had been closed, according to a recent ruling of the First District Appellate Court in Estate of Marie Ahern v. The Ahern Trust.

Casenote: Estate recovery against the estate of medicaid recipient’s surviving spouse violates federal law By Charles LeFebvre June 2005 The case of Hines v. Department of Public Aid, No. 3-04-0162, 2005 WL 1218677 (May 20, 2005), arose after the department provided Medicaid benefits to Julius Hines from August 1994 until his death in July 1997.

Casenote: Requirements for claiming unemployment compensation when voluntarily leaving employment to care for ailing family member By Peter R. Olson June 2005 What did the plaintiff caregiver need to do in order to qualify for unemployment benefits when she voluntarily left employment in order to assist her ailing father?

Division of property of the marriage By Roza Gossage January 2005 With the aging population, practitioners will now see older clients divorcing. Parties are no longer choosing to stay married during the last years of their lives if they are unhappy.

Do Not Resuscitate: The Public Health Department has a new form By Kristi Vetri November 2005 The Illinois Department of Public Health (IDPH) recently issued the new Uniform Do-Not-Resuscitate Order Form on its Website for use when an individual does not wish to receive cardiopulmonary resuscitation (CPR).

Editor resigns: Newsletter goes on By Karl Menninger June 2005 I have decided to step down as editor of this newsletter. I've been doing this for over 10 years, and while I know that's hardly a record tenure for newsletter editors, it seems long enough for me.

The effect of HIPAA on Powers of Attorneys By Amy Jorgensen Kain January 2005 In recent years the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has crept into our lives in places that were not immediately identifiable upon the law going into effect.

Elder notes November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.

Footnotes from the chair By Sherri Rudy June 2005 Our loyal and hardworking newsletter editor, Karl Menninger, summed it up when he said that he suspected this Letter from the Editor would be the toughest one yet.

From the editor By Peter R. Olson November 2005 In this quarter’s newsletter, my inaugural issue as editor, we recap the legislative session in Springfield, introduce our Elder Notes, and like elder law practitioners across the country attempt to ready our readers for Medicare Part D. Section Council member Kristi Vetri updates us on the Public Health Department’s new Uniform Do-Not-Resuscitate Order and Attorney David Abell offers his health care power of attorney client letter.

General Dynamics Land Systems v. Cline: U.S. Supreme Court turns back reverse discrimination claim By June M. McKoy March 2005 The General Dynamics Land Systems decision was handed down by the United States Supreme Court on February 24, 2004, effectively closing the door on a Sixth Circuit decision that had provided a portal to reverse discrimination claims under the Age Discrimination and Employment Act (hereinafter "ADEA").

Here’s why you should know about the Statutory Declaration for Mental Health Treatment By Charles LeFebvre June 2005 A durable health care power of attorney can be a useful instrument for assisting clients as part of an estate plan or, in the case of aging clients, to address specific concerns that the client may have medical needs and be incapable of using appropriate judgment when these needs arise due to mental deterioration.

Illinois Power of Attorney Act being reviewed for possible changes March 2005 The Elder Law Section Council has undertaken a major review of the Illinois Power of Attorney Act.

Informed consent in the elder law practice By Susan Dawson-Tibbits January 2005 In June, 2004, the General Assembly of the Illinois State Bar Association approved a revision of the Illinois Code of Professional Responsibility, the rules of ethical conduct governing the conduct and behavior of Illinois lawyers.

Legislative responses to the Schiavo case June 2005 Elder lawyers and others have long seen the need for advance directives and end-of-life planning.

Letter from the chair: Licenses to steal By Sherri Rudy March 2005 Being on an extended vacation in rainy central Florida the past couple of weeks has given me a chance to catch up on some reading.

Limitations on community spouse assets By Edward J. Mitchell March 2005 The Appellate Court in the Second District recently issued an opinion in Harris v. Department of Human Services.

Medicare Prescription Drug Plan: Do you have your kit? By Marc R. Miller November 2005 It’s here. The Medicare Prescription Drug, Improvement and Modernization Act has arrived and is being implemented.

The most important person in the courtroom By Steven C. Perlis November 2005 Mrs. E reminded everyone that she was the most important person in the courtroom. Indeed one might ask why it sometimes seems to take somebody as feisty as Mrs. E to remind us of that?

Notes from the chair: My daughter is an expert in elder abuse By Sherri Rudy January 2005 My father's standard reply when asked what type of law I practice is "she's an expert in elder abuse."

Purchase of annuity-Medical assistance eligibility By Walter J. Zukowski March 2005 In the case of Gillmore v. Illinois Department of Human Services, the 4th District Appellate Court held that an annuity purchased by a nursing home resident was a non-allowable transfer of assets.

Revamp of Anatomical Gift Act By John F. Erbes March 2005 The Illinois Legislature has accomplished a much-needed revamping of the state's Anatomical Gift Act through the passage of P.A. 93-794, effective July 22, 2004.

Serving those who served: A guide to helping veterans By William L. Cleaver March 2005 As each day passes, more and more of our World War II and Korean War veterans are buried. We also witness the increasing number of names of Vietnam veterans in the obituary sections of the newspapers.

Staying current March 2005 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.

Stops along the information superhighway: Web sites on scams, frauds and urban legends By Lee Beneze March 2005 The Internet is the new medium of choice for the same con artists, scammers and hoaxers that are always with us and it has given them a whole new way to fleece the gullible and the innocent.

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

Update on Hines v. IDPA November 2005 Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225 (2005) was decided by the Third District Appellate Court on May 20, 2005.

What happens when aging lawyers don’t know when to quit? By Timothy G. Shelton June 2005 In a Mississippi courtroom in 1979, final arguments in a homicide prosecution at last got underway.