Elder Law

Many individuals believe that when they sign their Advance Directive and Health Care Surrogate forms, they have taken care of their future medical preferences. In fact, there any many medical, institutional and practical obstacles that can negatively impact on these documents being honored. Hospitals raise religious objections, assisted living facilities deny patients’ rights to refuse medical care, and surrogates lack full knowledge of how decisions will impact on the patient’s quality of life. The Elder Care Lawyer role is transitioning to a continuum of oversight, ensuring that documents evolve to reflect current preferences, that surrogates remain capable and that patient rights are respected by medical staff. The increased litigation over wrongful prolongation of life indicates that earlier involvement by Elder Care attorneys is critical to avoid unnecessary suffering. This course will discuss patient rights, as well as how and why they are too often ignored. It will focus on legal avenues to address these issues and also provide information on how to advise clients seeking autonomy as they face end of life issues.

As Baby Boomers age, there has been an increase in the number of long-term care policies that come thru an attorney’s office for review. This session will review the main parts of a long-term care contract and the key benefit features clients and attorneys will want to know as they consider making a claim. The session will also go over the document-intensive claim process and the most common pitfalls that cause a claim denial. We will cover best strategies and resources for families who are managing a claim. With this information, attorneys should be armed to better advise their clients about how to use this valuable resource.

This course highlights some of the common scenarios banks encounter when dealing with elderly customers, their family, and their agents. Having a knowledge of what banks require and why they act as they do lessens the frustrations everyone feels when dealing with the sensitive subject of money.

An introduction to digital forensics that features the most common ways to locate, preserve, and analyze ESI (electronically stored information) to support matters. Often data originates or is stored in multiple locations, and data can be used in more ways than most people think. We'll walk through use cases, case studies, and how to avoid pitfalls throughout the litigation lifecycle.

Hear from attorneys currently acting as guardian ad litem in various counties throughout the state. We will discuss the role of the guardian ad litem in disabled estates, the expectations of the court, and the preparation of guardian ad litem reports.

This presentation will explore various considerations when evaluating the legal fees of the fiduciary’s counsel, in both contested and uncontested matters. Practitioners can take appropriate steps to avoid short-changing themselves on their hard-earned fees by filing a proper petition which conforms to the law on reasonableness, and which includes sufficient detail of the work performed.

• QDRO Support/How Support is Paid

Best practices for guardians, agents under POAs, executors, trustees, and administrators.

• Pre-Trial Motions

• Pre-Trial Discovery

This session includes: (1) an overview of the challenge facing practitioners given the privilege of serving persons with diminished capacity; (2) examination of relevant ethical rules you must consider in dealing with clients with diminished capacity under the IRPC; (3) deciding when it is appropriate to treat the client in a normal attorney-client manner vs seeking protective action for the client; & (4) estate planning strategies to consider in light of diminished capacity and the distinctions between representing single vs married individuals.

An examination of the Illinois Nursing Home Care Act and newest rules pertaining to the rights of residents in facilities accepting Medicare and Medicaid benefits.