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Advising Elderly Clients and Their Families 2020 Edition

This handbook is the go-to resource for elder law attorneys, providing practical advice and tips on advocating for the needs and interests of elderly clients.
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This complete guide for elder law attorneys provides thorough discussion of the law, resources, and practical tips to plan for the needs and advocate for the interests of older clients. Topics include: methods for dealing with Social Security and railroad retirement benefits; Medicare, Medicaid, and long-term care insurance; Illinois medical assistance for long-term care; planning for incapacity; guardianship for disabled adults; planning for disability; personal injury and wrongful-death actions under the Nursing Home Care Act; nursing homes and life-care communities; understanding long-term care admissions contracts; pensions and other employee benefits; consumer fraud and older Illinoisans; grandparents’ rights; elder abuse and neglect; protecting seniors from discrimination in housing; and tax planning for the elderly. It also contains a chapter on demystifying neuropsychology in elder law practice to help with working with clients and opposing parties who may suffer from diminished mental capacity and editable forms to assist with drafting key documents.

TABLE OF CONTENTS

Chapter 1 — Planning for Social Security or Railroad Retirement Benefits
Hon. Michael R. Robinson, Illinois Human Rights Commission, Springfield, and Debra S. Chesnin and Peter J. Orlowicz, U.S. Railroad Retirement Board, Chicago,

Chapter 2 — Medicare and Long-Term Care Insurance
Heather E. Voorn, Delaney Delaney & Voorn, Ltd., Chicago, Oak Brook, and Orland Park

Chapter 3 — Illinois Medical Assistance for Long-Term Care: Nursing Homes, Supportive Living Facilities, and Community Care Program Services
Helen Mesoloras, Dutton, Casey & Mesoloras, P.C., Chicago

Chapter 4 — Planning for Incapacity: Powers of Attorney, Living Trusts, and Forms of Ownership
William L. Broom III and Elisha D. Sanders, Barrett, Twomey, Broom, Hughes & Hoke, LLP, Carbondale

Chapter 5 — Guardianship for Adults with Disabilities
Sharon R. Rudy, Sharon R. Rudy, P.C., Rockford

Chapter 6 — Planning for Disability: The Powers of Attorney for Health Care Law, the Illinois Living Will Act, the Health Care Surrogate Act, and the Agency-Court Relationship Statute
Pauline G. Dembicki, Evanston

Chapter 7 — Personal Injury and Wrongful-Death Actions Under the Nursing Home Care Act
Steven M. Levin and Michael F. Bonamarte IV, Levin & Perconti, Chicago

Chapter 8 — Nursing Homes and Life-Care Communities
Catherine E. Lenert, Mickey, Wilson, Weiler, Renzi, Lenert & Julien, P.C., Sugar Grove

Chapter 9 — Analyzing Long-Term Care Admissions Contracts
Amy Parise Delaney, Delaney Delaney & Voorn, Ltd., Chicago, Oak Brook, and Orland Park

Chapter 10 — Pensions and Other Employee Benefits
Lee T. Polk, Epstein Becker & Green, P.C., Chicago

Chapter 11 — Consumer Fraud and Older Illinoisans
Sheryl Ring, Open Communities, Evanston

Chapter 12 — Grandparents’ Rights
Andrea K. Muchin and Brittany Heitz Goodlett, Schiller DuCanto & Fleck LLP, Chicago

Chapter 13 — Survey of Elder Abuse and Neglect in Illinois
Jaye R. Lindsay, The O’Fallon Firm, LLC, O’Fallon

Chapter 14 — Protecting Seniors from Discrimination in Housing
Michael P. Seng, The John Marshall Law School Fair Housing Legal Support Center, Chicago

Chapter 15 — Tax Planning for the Elderly
Ben A. Neiburger, Generation Law, Ltd., Elmhurst, and Sandra Blanco Schildgen, Wilson & Wilson Estate Planning & Elder Law LLC, Northbrook

Chapter 16 — Demystifying Neuropsychology in Elder Law Practice
Colin A. Brietzke, Psy.D., Chicagoland Neuropsychology LLC, Oak Park, and Jaye R. Lindsay, The O’Fallon Firm, LLC, O’Fallon

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This complete guide for elder law attorneys provides thorough discussion of the law, resources, and practical tips to plan for the needs and advocate for the interests of older clients. Topics include: methods for dealing with Social Security and railroad retirement benefits; Medicare, Medicaid, and long-term care insurance; Illinois medical assistance for long-term care; planning for incapacity; guardianship for disabled adults; planning for disability; personal injury and wrongful-death actions under the Nursing Home Care Act; nursing homes and life-care communities; understanding long-term care admissions contracts; pensions and other employee benefits; consumer fraud and older Illinoisans; grandparents’ rights; elder abuse and neglect; protecting seniors from discrimination in housing; and tax planning for the elderly. It also contains a chapter on demystifying neuropsychology in elder law practice to help with working with clients and opposing parties who may suffer from diminished mental capacity and editable forms to assist with drafting key documents.

TABLE OF CONTENTS

Chapter 1 — Planning for Social Security or Railroad Retirement Benefits
Hon. Michael R. Robinson, Illinois Human Rights Commission, Springfield, and Debra S. Chesnin and Peter J. Orlowicz, U.S. Railroad Retirement Board, Chicago,

Chapter 2 — Medicare and Long-Term Care Insurance
Heather E. Voorn, Delaney Delaney & Voorn, Ltd., Chicago, Oak Brook, and Orland Park

Chapter 3 — Illinois Medical Assistance for Long-Term Care: Nursing Homes, Supportive Living Facilities, and Community Care Program Services
Helen Mesoloras, Dutton, Casey & Mesoloras, P.C., Chicago

Chapter 4 — Planning for Incapacity: Powers of Attorney, Living Trusts, and Forms of Ownership
William L. Broom III and Elisha D. Sanders, Barrett, Twomey, Broom, Hughes & Hoke, LLP, Carbondale

Chapter 5 — Guardianship for Adults with Disabilities
Sharon R. Rudy, Sharon R. Rudy, P.C., Rockford

Chapter 6 — Planning for Disability: The Powers of Attorney for Health Care Law, the Illinois Living Will Act, the Health Care Surrogate Act, and the Agency-Court Relationship Statute
Pauline G. Dembicki, Evanston

Chapter 7 — Personal Injury and Wrongful-Death Actions Under the Nursing Home Care Act
Steven M. Levin and Michael F. Bonamarte IV, Levin & Perconti, Chicago

Chapter 8 — Nursing Homes and Life-Care Communities
Catherine E. Lenert, Mickey, Wilson, Weiler, Renzi, Lenert & Julien, P.C., Sugar Grove

Chapter 9 — Analyzing Long-Term Care Admissions Contracts
Amy Parise Delaney, Delaney Delaney & Voorn, Ltd., Chicago, Oak Brook, and Orland Park

Chapter 10 — Pensions and Other Employee Benefits
Lee T. Polk, Epstein Becker & Green, P.C., Chicago

Chapter 11 — Consumer Fraud and Older Illinoisans
Sheryl Ring, Open Communities, Evanston

Chapter 12 — Grandparents’ Rights
Andrea K. Muchin and Brittany Heitz Goodlett, Schiller DuCanto & Fleck LLP, Chicago

Chapter 13 — Survey of Elder Abuse and Neglect in Illinois
Jaye R. Lindsay, The O’Fallon Firm, LLC, O’Fallon

Chapter 14 — Protecting Seniors from Discrimination in Housing
Michael P. Seng, The John Marshall Law School Fair Housing Legal Support Center, Chicago

Chapter 15 — Tax Planning for the Elderly
Ben A. Neiburger, Generation Law, Ltd., Elmhurst, and Sandra Blanco Schildgen, Wilson & Wilson Estate Planning & Elder Law LLC, Northbrook

Chapter 16 — Demystifying Neuropsychology in Elder Law Practice
Colin A. Brietzke, Psy.D., Chicagoland Neuropsychology LLC, Oak Park, and Jaye R. Lindsay, The O’Fallon Firm, LLC, O’Fallon

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