Elder Law

Medicaid’s Spousal Refusal option remains a powerful—yet often misunderstood—tool for protecting the financial security of married couples when one spouse requires long-term care. This program provides a clear, practical overview of the current legal landscape, recent regulatory developments, and emerging trends affecting Spousal Refusal planning.

IRAs can pose a challenge to attorneys engaging in Medicaid planning, but a properly structured Medicaid Compliant Annuity can help.

Explore the complex intersection of elder abuse and diminished capacity, with a focus on evolving strategies for identification, intervention, and advocacy. This session will address new approaches to assessing capacity, legal tools available to protect vulnerable adults, and the implications of updated ABA Rule 1.14 on representing clients with diminished capacity. Gain insight into practical case management, ethical duties, and effective collaboration with professionals in other disciplines.
Originally presented as part of Elder Law Short Course 2025.

When an interested party (caregiver, spouse, child, friend, or agent under a Power of Attorney) is involved, attorneys and geriatric care managers must clearly identify and protect the true client. This session covers practical and ethical strategies to manage caregiver influence, maintain boundaries, and address conflicts. Attendees will gain tools to recognize red flags and ensure advocacy remains focused on the client’s rights and wishes.
Originally presented as part of Elder Law Short Course 2025.

Disputes in guardianship cases are becoming more frequent and more complex. This session will cover the most common challenges that arise—such as objections to appointments, claims of undue influence, disagreements among family members, and allegations of incapacity. Learn how to navigate contested hearings, handle difficult parties, and manage the procedural and evidentiary issues that come with these high-stakes cases.
Originally presented as part of Elder Law Short Course 2025.

Retirement accounts can be a major asset in estate planning—especially when special needs trusts (SNTs) and elder law considerations come into play. This session will cover how the SECURE Act changed the rules for inherited retirement accounts and what that means when planning for individuals with disabilities. Learn practical drafting tips, explore tax consequences, and examine how to align retirement assets with SNTs and long-term care planning.
Originally presented as part of Elder Law Short Course 2025.

Attorneys face many complexities when representing heirs, particularly when actions taken during the decedent’s lifetime—often by an agent acting under a Power of Attorney—come to light after the death of the decedent. When all assets pass by operation of law directly to beneficiaries, outside of an estate or trust, Attorneys may need to consider other avenues to pursue remedies for their clients. Using real-world examples, we’ll examine common conflicts that arise when agents claim they were "just doing what Mom wanted," and evaluating claims against agents under the Illinois Power of Attorney Act.
Originally presented as part of Elder Law Short Course 2025.

Providing your trustee/agent client with clear and concrete instructions on how to administer the finances is critical to keeping everyone out of trouble. Learn about the top mistakes trustees and agents make in managing the money, the key components of good written instructions, and how best to keep your clients on the straight and narrow.
Originally presented as part of Elder Law Short Course 2025.

This session will cover the main differences between funding a first party SNT and funding a third party SNT with various assets and income sources. Learn which assets and income sources can and cannot be transferred into an SNT, when they can be transferred, and how they should be transferred. From Traditional IRAs, Roth IRAs, inherited IRAs, structured settlements, personal injury awards, life insurance policies, real estate, vehicles, alimony, child support, annuity payments and more, become proficient in the unique challenges to funding SNTs.
Originally presented as part of Elder Law Short Course 2025.

In a perfect world, Medicaid Planning would work perfectly each and every time. When a plan goes off the rails and then lands on your desk just moments before a Medicaid application is needed, what do you do? Discover the best crisis management strategies for a Medicaid Plan gone bad.
Originally presented as part of Elder Law Short Course 2025.

Get real-world guidance on handling common elder law disputes, including will and trust contests, undue influence claims, and fiduciary misconduct. This session will walk you through the practical steps of building and presenting a case—what evidence to gather, how to work with witnesses, and strategies for using medical records, financial documents, and expert opinions to support your argument.
Originally presented as part of Elder Law Short Course 2025.

The Medicaid planning landscape has changed a lot in a year. Come learn about what we currently know about Spousal Support Orders, the status of using spousal refusal to support as a Medicaid planning strategy, how Medicaid divorces work, and the latest on using Medicaid compliant annuities to protect assets.
Originally presented as part of Elder Law Short Course 2025.