2006 Articles

Assistance with the Medicare D prescription drug program—Representatives and agents under Power of Attorney By Michael H. Erde February 2006 Beginning November 15, 2005 Medicare recipients were eligible to enroll in the new Medicare Part D, the prescription drug program.

The Bankruptcy Abuse Prevention and Consumer Act of 2005 and its impact on seniors By Roza Gossage February 2006 The U.S. Congress has drastically revised the procedures and rules relating to the filing and discharge of a debtor in bankruptcy.

Book review: What You Need To Know About Social Security By John Voorn June 2006 As a significant part of my practice is in the area of elder law, several years ago I concluded that I needed to educate myself about how our Social Security system really works.

Casenote: Guardianship implicitly revokes durable power of attorney, according to fourth district By Peter R. Olson February 2006 The Illinois Appellate Court (In re. Estate of Doyle, No. 4-04-1026, November 10, 2005) recently ruled on an oft debated issue among elder law practitioners:

Casenote: In re Peter DeForest Winthrop, Attorney, Respondent, 2006 WL 724822 (March 2006) By John W. Foltz 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 May 2006 Does a fee agreement between an attorney and a client terminate at the client’s death?

Do witnesses of a will commit perjury? By Michael H. Erde June 2006 Illinois Law 755 ILCS 5/4-3 requires “two credible witnesses” to a Will.

Elder notes November 2006 New visitation rights available for grandparents. Effective January 1, 2007, Public Act 94-1026 amends section 607 of the Illinois Marriage and Dissolution of Marriage Act. 750 ILCS 5/607.

Elder notes June 2006 Legislation of interest to elder law practitioners.

Elder notes May 2006 Power of Attorney Act amendment. SB 2601, which has passed both houses of the Illinois General Assembly, is expected to be signed by Governor Blagojevich within the next 30 days.

Elder notes February 2006 Home health and hospice drug dispensation and administration act.

Estate and gift tax update By Sarah Delano Pavlik May 2006 New Amounts for 2006. The following amounts became effective on January 1, 2006:

Financial abuse of the elderly By Ann B. Conroy June 2006 While the physical abuse of the elderly or disabled persons commands the headlines, financial abuse is greatly under-reported and often unpunished.

From the editor By Peter R. Olson June 2006 We close out this bar year with a note of thanks to our Chairperson Susan Dawson-Tibbits.

From the editor By Peter R. Olson February 2006 There’s certainly not a lack of activity in the elder law arena as we go to press.

Have you appointed an Agent to control the disposition of your remains? By Darrell Dies May 2006 As of January 1, 2006, Public Act 094-0561 amended the Disposition of Remains Act (“D.R.A.”) to allow a specific agent to be named to control the disposition of one’s remains upon death.

Health Savings Accounts (HSAs): Are they the right option for your client? November 2006 In the maze of health care, it’s sometimes difficult to determine what’s right for your client.

The Hines case—The story behind the story By Steven C. Perlis June 2006 On the surface, the unanimous slip decision in favor of the Probate estate is a victory for Medicaid planners.

Introduction to OBRA ’93 Self-settled Special Needs Trusts By Heather McPherson May 2006 Self-settled Special Needs Trusts are an important tool to use to qualify an individual for public benefits such as Medicaid, Supplemental Security Income (SSI), or subsidized housing when he could not otherwise qualify for these benefits because his assets exceed certain threshold limits.

Letter from the Chair By Daniel C. Hawkins November 2006 I’d like to introduce myself as the Chairperson of the Elder Law Section Council for this upcoming year.

New amendment to Power of Attorney Act strengthens Elder Abuse Program By Lee Beneze June 2006 Language originally drafted by the Power of Attorney Revision Committee of the Elder Law Section Council was signed into law the second week of June.

The origin of an elder law attorney By Michael H. Erde November 2006 My grandfather may have been the first person to influence my eventual development as an Elder Law Attorney.

Pending Illinois Supreme Court case of first impression—Medicaid estate recovery against surviving spouse’s probate estate By Steven C. Perlis February 2006 The Elder Law Office of Steven C. Perlis and Associates, P.C. represents the Executor as Appellee in the Illinois Supreme Court in Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225, 831 N.E.2d 641, 294 Ill.Dec. 691 (App. 3rd Dist. 2005).

Practice Tip: Deducting care costs By Nancy R. Larson November 2006 Deducting care costs as a medical expense on a U.S. 1040 Federal Income Tax Return helps soften the blow of the cost for the client.

Section Council to meet with Healthcare and Family Services Department officials regarding implementation of Deficit Reduction Act By Peter R. Olson May 2006 Elder Law Section Council Chair Susan Dawson-Tibbits and other members of the Council met with officials from the Illinois Department of Healthcare and Family Services (HFS) Office of General Counsel recently regarding Illinois’ implementation of the federal Deficit Reduction Act (“Act”) which became law on February 8, 2006.

Seventeenth Judicial Circuit hosts Elder Abuse Symposium By Sherri Rudy February 2006 Those of you who regularly follow this newsletter may recall that one of my goals as last year’s chairman of the section was to present a CLE on Elder Abuse and Financial Exploitation featuring Deputy District Attorney Paul Greenwood from San Diego County, California as the keynote speaker.

William L. Cleaver, Moline: A profile of an Elder Law Attorney By Peter R. Olson June 2006 Learn more about Elder Law attorney William Cleaver.