2007 Articles

Another practitioner’s view on long-term care: From LTC insurance to the effect of the Deficit Reduction Act on “Medicaid Planning” By Frank Nowinski December 2007 What is “long term care”? Although there does not appear to be a universal definition, it has generally been defined as care provided on a regular basis for an extended period of time for a chronic condition, disability or ongoing illness.

Before implementation—What is an elder law attorney to do about the Deficit Reduction Act? By Anthony J. DelGiorno May 2007 It’s been just over a year since the enactment of the Deficit Reduction Act of 2005 (DRA), and Illinois has until July 2007 to implement the federally mandated changes to eligibility for Medicaid.

Book Review: Scam-Proof Your Life, 377 Smart Ways to Protect You & Your Family from Rip-offs, Bogus Deals & Other Consumer Headaches by Sid Kirchheimer By Kristi Vetri June 2007 Our clients get scammed everyday at work, at home, even when on vacation. Sid Kirchheimer, consumer crusader and AARP scam specialist, interviewed consumer protection experts, industry insiders, even the con artists and crooks.

Case note: Estate of Howell, ___Ill.App. 3d___ 2007 WL 1246972 (Ill.App. 5 Dist. 2007) By Edward J. Mitchell June 2007 The Howell case involved the estate of Fred W. Howell. Mr. Howell passed away.

Case Note: Estate of Kohlenbrener, 356 Ill.App.3d 414 (1st Dist. 2005) By John W. Foltz 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 May 2007 The Probate Act allows a certain class of people to file a custodial claim against a decedent’s estate.

Case Note: Grate v. Grzetich, 2007 WL 1345247 (Ill.App.3 Dist. 2007) By Edward J. Mitchell June 2007 The Grate case involved a suit filed by Sue Grate, the guardian of the estate of Catherine Grzetich against Edward Grzetich who acted as a trustee of a testamentary trust created by John Grzetich who died in 1980.

Case Note: Poindexter, ET. Al. v. State of Illinois ex rel. Dept. of Human Services By Elizabeth Anderson February 2007 Does the Medicare Catastrophic Coverage Act preempt the spousal support provisions of article X of the Illinois Public Aid Code?

Charitable Rollover Provisions of the Pension Protection Act of 2006 By Heather McPherson June 2007 During the last 10 years, the charitable community has lobbied Congress to permit owners of Individual Retirement Accounts (IRAs) and other qualified plans to make unlimited lifetime transfers to charities and to other charitable planning vehicles such as charitable gift annuities.

Elder notes By Peter R. Olson May 2007 The following is a list of General Assembly bills alive:

Elder notes By Peter R. Olson February 2007 Elder Abuse and Neglect Act amendments provide new power to intervene

Estate and gift tax update By Robert J. Krupp May 2007 Husband and Wife established an irrevocable life insurance trust for the benefit of their children by transferring two life insurance policies to the trust.

From the editor By Peter R. Olson June 2007 Welcome to this year’s final issue! Coming in just under-the-wire, our issue includes a mix of case law, legislative update, book reviews and useful practice pointers.

Grandparents’ visitation rights are still in limbo in Illinois By Hon. Laninya A. Cason October 2007 In this ever-changing society, more and more grandparents are called upon to perform the duties and responsibilities of parents.

A guardian’s authority to consent to electroconvulsive therapy (ECT) for a ward By Charles P. Golbert May 2007 Summary: Under what circumstances can a guardian consent to electroconvulsive therapy (ECT) for a ward?

How to make a summary care plan By Michael H. Erde October 2007 When the family of a disabled person comes to see you, they are usually very excited, stressed, and under a lot of emotional and financial pressure.

Illinois Supreme Court to review the Fourth District Appellate Court’s decision in the Poindexter case By Constance B. Renzi December 2007 The Appellate Court of the Fourth District has recently held that the Medicare Catastrophic Coverage Act of 1988 (MCCA) neither expressly, nor implicitly preempts state spousal support statutes.

Judicial Medicaid Planning—Convincing the judge is easier than convincing DHS By Anthony J. DelGiorno October 2007 Generally, it can be presumed that senior citizens who have saved money their entire lives do not wish to see a lifetime of savings be lost because they need nursing home care.

Letter from the Chair By Daniel C. Hawkins February 2007 The new calendar year is upon us. It is amazing how fast my term as Chairperson of the Elder Law Section Council is going.

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

Notes on the 33rd annual meeting of local area agencies on aging By Ann B. Conroy June 2007 Sandy Markwood, CEO of the National Association of Area Agencies on Aging (cutely nicknamed N4A), proved to be an energetic Keynote speaker at the thirty-third annual meeting of the eight-county Northeastern Illinois Area Agency on Aging in Aurora, on April 13, 2007.

N.Y. Court allows reformation of trust to confirm to grantor’s Medicaid planning intent By Steven C. Perlis May 2007 In the February 2007 issue of Elder Law Answers, the following case of note was reported:

Potential speed bumps on Probate Avenue By Rex L. Brown December 2007 In the practice of law, unanticipated situations occasionally arise.

The Practitioner’s Guide to the Illinois Department on Aging By Kristi Vetri December 2007 As elder law attorneys, we are expected to know about numerous issues affecting our clients’ lives and put together a plan for their care and protection.

Section Council to present CLE on assessing capacity February 2007 The Elder Law Section Council will present a full-day Continuing Legal Education seminar entitled Assessing the Capacity of an Estate Planning Client and Implications for Representation on April 6, 2007 in Chicago.

Simple steps to avoid perjury in will signing By Eugenia C. Hunter June 2007 The article titled, “Do Witnesses of a Will Commit Perjury?” by Michael H. Erde in the June, 2006, Elder Law Section Council Newsletter prompted me to describe the will execution procedure in my office which I suggest would avoid the potential problems about which Mr. Erde writes.

Smith v. City of Jackson: A hollow victory in age discrimination cases By Kristi Vetri June 2007 Two years ago, a sharply divided U.S. Supreme Court, by a vote of 5-3, made it easier for employees to bring lawsuits under the Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (Dec. 15, 1967), codified as Chapter 14 of Title 29 of the United States Code, 29 U.S.C. § 621 through 29 U.S.C. § 634 (ADEA) by holding that they may bring disparate impact claims under the Act.

Spousal elections in Medicaid planning By Martin W. Siemer February 2007 Elder law practitioners experienced in Medicaid planning should be familiar with the spousal impoverishment provisions of the Medicaid program.

Use caution when filing death case following nursing home neglect By Eric J. Parker February 2007 Nursing home neglect litigation is an often poorly understood area of practice.

VA pro bono project and attorney fees for VA cases By Steven C. Perlis December 2007 On October 5 I attended an all-day workshop on handling veterans’ cases.