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13th Annual Elder Law Short Course

The 13th 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 preventing financial exploitation, common psychiatric diagnoses facing your clients, and updates regarding special needs planning. In addition, you’ll get the latest on advising your clients about Medicaid (planning and application), nursing home issues, recovering assets in disabled estates, and multi-jurisdictional guardianship issues. The networking and educational opportunities provided by this course are not to be missed!
  • Product ID: P9007-17U
  • Original Program Date: 12/05/2017


Recorded: December 5-6, 2017

Day One      

Moderator:  Ben A. Neiburger, Generation Law Ltd., Elmhurst

Illinois Elder Law Case Law Update 2017
Brian O’Connor, Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd., Elburn

Federal and State Legislative Developments Impacting Elder Law Planning
Cutting-edge issues, including Medicaid eligibility issues before Congress, misuse of 1115 waivers, tax reform, and new state laws, will be discussed.
Tony Abboud, President, Strategic Government Solutions, Northbrook                                
David Goldfarb, Public Policy Manager, National Academy of Elder Law Attorneys, Vienna, VA 

Updates Regarding Special Needs Planning
This session will address updates in special needs planning including a discussion on the newly implemented ABLE Act in Illinois, along with the recently passed Special Needs Fairness Act.  We will also address the Howard P. “Buck” McKeon National Defense Authorization Act authorizing military survivor benefit pensions to be paid to a supplemental needs trust.
Heidi E. Dodd, Harter, Larson & Dodd, Belleville
Heather E. Voorn, Delaney Delaney & Voorn, Ltd., Orland Park

Preventing Financial Exploitation of the Elderly: Criminal and Civil Remedies
This session will discuss the progression of an elder abuse investigation from the APS report through law enforcement investigation to the criminal prosecution.
Steven Milburn,
Illinois Department of Aging, Springfield
Mary Beth Fahey,
Cook County State's Attorney's Office, Chicago

Clinical Boot Camp: Common Psychiatric Diagnoses Facing Our Clients
The presenters will discuss how a client’s psychiatric diagnosis may impact the legal advice we give him or her as fiduciary or beneficiary.   They will also contrast the normal signs of aging with signs and symptoms of various psychiatric conditions.
Susan Dawson-Tibbits, Johnson Bunce & Noble, PC, Peoria
MacKenzie A. Hyde, Clark Hill PLC, Chicago
Geoffrey Shaw, MD, Advocate Health Care, Northfield

Avoiding Malpractice and ARDC Discipline When Representing Clients With Diminished Capacity: Rule 1.14 Code of Professional Conduct
(1.0 Hour Professional Responsibility)
Legal capacity will be analyzed with an emphasis on protecting lawyers from legal malpractice and ARDC discipline. This program will discuss the representation of both clients and fiduciaries that may be showing signs of declining cognitive abilities. This interactive program will include role playing to demonstrate the do’s and don’ts of this sensitive area filled with liability and disciplinary landmines.
James J. Grogan, ARDC, Chicago
Kerry Peck, Peck Ritchey, LLC, Chicago

 Day Two



Moderated by
Linda M. Strohschein, Strohschein Law Group, LLC, St. Charles




Moderated by
Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago



Medicaid Applications & More

This “how to” session will focus on the steps and issues related to the preparation, filing, etc. of Medicaid applications for long-term care coverage.  In addition to providing helpful tips, the session will also provide attendees with the necessary factors to consider when deciding whether to file a paper application or an online application.

Catherine E. Lenert and 
Constance B. Renzi
Mickey, Wilson, Weiler, Renzi, & Andersson, P.C./Elder Law Center, P.C., Sugar Grove



Johnny in the Basement - Part II (Mixing up the Medicine)

You will learn how to use orders of protection from the Illinois Domestic Violence Act in the context of guardianship proceedings to protect the person with a disability from neglect, abuse, and exploitation.

Michael S. DeLaney, Delaney Delaney & Voorn, Ltd., Chicago



In Sickness and in Health:  Estate Planning for Married Couples

Marriage is what brings us together today and it’s what we hope will keep us together through disability and the cost of long term care.  Estate planning is becoming less and less about death and taxes and more and more about planning for life.    This session will focus on estate planning strategies for married couples with an emphasis on preparing for potential disability and the costs of long term care.  We will discuss the use of living trusts, special needs trusts, and powers of attorney for property with expanded powers. We will also review drafting techniques and options, and highlight the top drafting pitfalls of traditional estate planning documents.

Kathryn C. Casey, Dutton Casey & Mesolaras, PC, Chicago
Helen Mesoloras, Dutton Casey & Mesoloras, PC, Chicago



Multijurisdictional Guardianship Issues

As technology progresses, our society is becoming increasingly mobile. Often, families are separated by time and distance, including across state lines, which may pose a challenge as family members age. This presentation will address the issues that may arise when dealing with guardianship and other elder law issues across state lines. We will discuss the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, including the history and purpose of the Act as well as the practical application of the Act to common scenarios. In addition, we will discuss some of the day-to-day challenges and solutions to consider when advising clients on multijurisdictional elder law issues including guardianship, estate planning, and elder abuse.

David M. Lutrey, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest
Kathryn G. Shores, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest



The Perils of Informal Caregiving: Real Costs, Risks and Essential Remedies
There are both risks and rewards to the family caregiver proposition, and often custodial claims are filed due to lost wages and other sacrifices that may go unacknowledged in the parent’s will.  Claims and allegations are sometimes registered by other family members including theft of personal property, misuse of household funds, elder abuse and undue influence.  Long-term care insurance policies frequently exclude informal caregivers, and there is no workers compensation insurance should an injury be sustained.  Risks may be reduced with contracts and formal systems for payroll, day-to-day money management and other hedges against liability and future claims against the estate.

Martha Kern, Lifecare Innovations, Burr Ridge
Linda M. Strohschein, Strohschein Law Group, LLC, St. Charles



Visitation Issues Within the Context of Guardianships and POAs

Surrogate decision-makers have, and frequently wield, broad authority over the personal lives of wards and principals. However, there are often competing interests and recalcitrant family members when it comes to physical access to a disabled individual. This presentation will examine the legal and practical issues arising from visitation decisions made by a guardian or agent under a power of attorney, including standards for decision-making and the role of adult children. This presentation will also discuss the national trend to allow family members greater visitation rights, including the new Illinois statute governing visitation decisions by guardians.

Ray J. Koenig III, Clark Hill PLC, Chicago
Amy E. McCarty, Monahan Law Group, LLC, Chicago



The Late Life Litigant: The Potential Value of Medical Malpractice and Personal Injury Claims for Elderly Plaintiffs
It is often assumed that an elderly victim of medical malpractice or personal injury cannot expect to gain very much by filing a claim, given their advanced age and retirement status – there are no lost wages, no dependents, and their anticipated lifespan might consist of just a few more years.  Learn more about the legitimate care needs this population may have relative to an injury or malpractice, how significant these claims can become even for those in the late stages of life, and under what circumstances is a claim worth pursuing.

Margaret P. Battersby Black, Levin & Perconti, Chicago 
Patricia Cline, LCSW, CCM, CLCP, C-ASWCM, NCG, Lifecare Innovations, Burr Ridge
G. Grant Dixon III, Dixon Law Office, LaGrange


Advocating for Our Most Vulnerable:  An Examination of Common Exploitation Scams and Civil Remedies for Recovering Money and Property for Persons with Disabilities

Financial exploitation is prevalent today and growing! Learn how to file citations to discover and recover for adjudicated disabled adults.  Common exploitation scams and how to recognize if your client is a victim of exploitation will also be discussed.  We will also examine the procedural tools available to freeze assets and recover stolen money and property, as well as how to involve law enforcement to seek prosecution of those who exploit persons with disabilities.    

Dawn M. Lawkowski-Keller, Office of the Public Guardian of Cook County, Chicago
The Hon. James Riley, (Ret.), Cook County Circuit Court, Probate Division, Chicago


New Regulations Protecting Residents of Nursing Facilities

This session will address the newest regulations pertaining to nursing home residents’ rights in nursing facilities.  This includes new regulations pertaining to visitation, person-centered care, community involvement, quality of care, admission and discharge. The speakers will also discuss common problems for residents in nursing facilities and how to get nursing facilities to do the right thing.  

Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago
Amy DeLaney, Delaney Delaney & Voorn, Ltd., Orland Park



Mental Health Services For People Who Are Refusing or Who Need In-Patient or Out-Patient Care Placement

It is a unique situation in health care that sometimes the individuals who need mental health services the most are unable to perceive their need for treatment. It often falls to the family, friends, and providers to help those individuals access the services they need.  This presentation will discuss how to assess an individual in this position from a legal and psychiatric perspective as well as how to work with providers and the court system in order to achieve a positive outcome. Further, they will address the risks and benefits of involuntary hospitalization. 

Stephen H. Dinwiddie, MD, Northwestern University, Department of PsychiatryChicago
Joseph T. Monahan, Monahan Law Group, LLC, Chicago


Practice Management Tips
(1.0 Hour Professional Responsibility)
This session will offer insights (occasionally irreverent) into the business and operation of your practice.  Do you own your practice or does it own you?

Mark C. Metzger, Law Offices of Mark C. Metzger, Naperville
Ben A. Neiburger, Generation Law Ltd., Elmhurst



Ethics for Guardian Ad Litems and Court-Appointed Counsel
(1.0 Hour Professional Responsibility)

This presentation will explore the intersection between Rule 1.14 (Client with Diminished Capacity) and related rules of the Illinois Rules of Professional Conduct as they apply to attorneys acting as Guardian ad Litem in an adult guardianship proceeding or representing a respondent or ward as court-appointed counsel. Several ethical considerations to watch out for when you are a Guardian ad Litem or Court-Appointed Counsel will be discussed.

Jennifer M. Lynch, June Prodehl Renzi & Lynch, LLC, Joliet
Joseph W. Pieper, Joseph W. Pieper Attorney at Law LLC, Chicago






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    13th Annual Elder Law Short Course
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