Elder Law

The 18th Annual Elder Law Short Course is designed for the Illinois elder law attorney who is dedicated to client service and eager to stay on the cutting-edge of legal issues affecting elderly clients and their families.

This year’s program offers plenary sessions on tax planning for the elderly, updates on the Illinois Trust Code and Remote Signature Act, and the annual judges’ panel. In addition, you’ll get the latest on advising your clients about Medicaid (planning and application), preparing for a guardianship trial, divorce in guardianship, and much more!

Registration includes post-event access to the online on-demand recording.

You filed the petition, presented the medical report and got the guardian appointed. So, what’s next? The best way to make sure that things go smoothly in court for the duration of the guardianship is to do a good job educating the guardian. If the guardian understands the budgeting process, basic accounting principles and the role of the court, things are likely to go well. If they don’t, you can expect to be over budget and trying to explain how things went wrong to the judge. This presentation will review some common misunderstandings that guardians have about the process and discuss strategies to help the guardian stay on track.

Live Webcast Replay on Friday, April 22, 2022 from Noon to 1:00 PM
Originally part of the 17th Annual Elder Law Short Course

A panel of judges discuss how to appear for court over Zoom, proper courtroom decorum, attire and presentation, and an explanation about local rules, standing orders, and how to properly complete an Order.

Insight on running for judge, elections, judicial appointments, and the associate judge process in Cook County.

When older couples divorce, unique issues arrive. This program offers insights into those issues nd how to advise your older or empty nest clients on common concerns in the context of divorce, such as double dipping and whether pension benefits in long term marriages are cash flow or an asset (or both).

How has the COVID-19 pandemic affected clients on Medicaid? What about those clients who joined Medicaid during the pandemic? Learn about the latest in Medicaid planning, how to help clients protect assets for individuals on Medicaid, how to effectively handle Medicaid appeals, and how (and when) to fight an appeal.

Explore the basics of Illinois Medicaid - the who, what, where, why - and how they fit in with the other three major government benefit programs. Some complex topics such as spend-down, redeterminations, and the Qualified Medicare Beneficiary Program will be discussed.

For older adults and persons with disabilities, the reliance on governmental benefits may be the difference between remaining in the community with some level of autonomy vs. homelessness or institutionalization. This session will address the various public benefit programs that may be available to persons with disabilities and seniors residing in the community including AABD, SNAP, subsidized housing and other needs-based programs. In addition, we will consider the impact of special needs trusts on the eligibility for the various programs.

An overview of first-party and third-party special needs trusts, drafting tips and techniques and how to decant to a special needs trust.

This session will begin with the basics of straightforward Medicaid planning for spouses in first marriages with children in common. Then we’ll dive into real world problems and tackle: the thorny issues involved with Medicaid planning for second, third, and fourth marriages; considerations to the treatment of caregivers who are not spouses or children; issues with disinheriting spouses in favor of other relationships; and considerations to identifying and protecting client relationships which are not legally recognized.

The new-in-2020 Illinois Trust Code (ITC) was updated in 2021 to provide greater clarity and additional enhancements. Learn the highlights of the ITC as modified by the recent trailer bill and how they impact your practice advising settlors, trustees, and beneficiaries.

You filed the petition, presented the medical report and got the guardian appointed. So, what’s next? The best way to make sure that things go smoothly in court for the duration of the guardianship is to do a good job educating the guardian. If the guardian understands the budgeting process, basic accounting principles and the role of the court, things are likely to go well. If they don’t, you can expect to be over budget and trying to explain how things went wrong to the judge. This presentation will review some common misunderstandings that guardians have about the process and discuss strategies to help the guardian stay on track.