2008 Articles

Case comment: In Re Grandparent Visitation of China Pfalzgraf, a Minor By William L. Cleaver May 2008 The recent Fifth District Appellate Court case of In Re Grandparent Visitation of China Pfalzgraf, No. 07-F-137, presents yet another case of the courts’ divining what is in the best interest of the child. In Pfalzgraf, the court addressed the issue of grandparent visitation.

Changes to Probate Act, Custodial Claim, among new legislative enactments for 2008 By Martin W. Siemer February 2008 With the advent of a new year, and the close of an interesting and eventful legislative year, there are several new laws impacting the elder law practitioner.

DESK REFERENCE: 2008 Numbers and statistics By Martin W. Siemer February 2008 Part A deductible per benefit period: $1,024

Does the grandparent unknowingly contribute towards the child support due from their child? By Roza Gossage May 2008 We have all received advice, either personally or on behalf of our clients, that in order to effectuate a transfer of assets we or our client’s should gift the annual amount allowed by the tax code to our children and their spouses.

Financial abuse of the elderly: An overview By Elizabeth Fink September 2008 The purpose of this article is to educate on elder abuse issues, specifically the financial exploitation of the elderly.

From the Editor . . . By Anthony J. DelGiorno May 2008 It was a pleasure to serve as editor of the Elder Law Section Council’s Newsletter during the 2007-08 year.

The growing epidemic of elder abuse: Recommendations for proactive judicial solutions By Judge Patrick T. Murphy May 2008 Financial abuse of the elderly is becoming a national epidemic. Because of the advances in medical science and our knowledge of healthier approaches to life, we are living longer.

Guardianship and Electroconvulsive Therapy (ECT): Legislative update By Charles P. Golbert February 2008 In May 2007, this newsletter published an article addressing various issues related to guardianship2 and electroconvulsive therapy (ECT).

Have you received your economic stimulus payment? Retirees, disabled veterans and low-wage workers still have time to file By Kristi Vetri September 2008 As of June 2008, the IRS had issued 76.1 million payments worth $63.8 billion based on 2007 tax returns processed so far. The agency expects to issue 124 million payments to Americans by year’s end.

Highlights of the Probate Guardian ad Litem Training Seminar Presented by the ISBA Bench and Bar Section By Enid Kempe Olsen February 2008 On November 2, 2007 the ISBA Bench and Bar Section presented a Probate Guardian ad Litem Training Seminar at the ISBA Regional Office.

“Jewish Clause” in trust unenforceable because it is against public policy By Enid Kempe Olsen November 2008 The Appellate Court found that under Illinois law and under the Restatement (Third) of Trusts, the Jewish Clause considered in this case is invalid because it seriously interferes with and limits the rights of individuals to marry a person of their own choosing.

New VA regulations regarding attorney fees and accreditation By Steven C. Perlis November 2008 New VA regulations regarding attorneys’ fees and accreditation were released as a final rule by the Department of Veterans Affairs in the May 22nd Federal Register (73 FR 298520).

Overview of Reverse Mortgages By Elizabeth W. Anderson February 2008 More clients have recently become interested in the options that a reverse mortgage may offer them.

“Shell bills” and the legislative process By Lee Beneze May 2008 As we approach the end of the current General Assembly session, various legislative maneuvers to move or block legislation can occur.