16th Annual Elder Law Short Course (2020)

TRACK A
Moderated by: Constance Renzi, Mickey, Wilson, Weiler, Renzi, Lenert & Julien, P.C./Elder Law Center, P.C., Sugar Grove

TRACK B
Moderated by: Kathryn G. Shores, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest

Medical Aid in Dying: New Legal, Ethical, and Advocacy Perspectives 
These laws started in Oregon but, over the last few years, 8 other states and the District of Columbia have followed suit.   Whether or not Illinois legalizes physician-aided dying, many of our clients are getting much more vocal about what kind of care they want (or don’t want) near the end of their lives. There are now end of life decisions previously never contemplated or included in POA documents, such as voluntarily stopping of eating and drinking and withholding food and fluids from people with advanced dementia. Cases have been litigated wherein patients or POA agents request these types of measures and facilities refuse participation, even to the extent of evicting residents.  Although many individual doctors are also reassessing end of life care, nursing homes and hospitals are often not comfortable stopping treatment.   Learn where the states and the involved professionals stand on these matters, and what types of legal and ethical concerns continue to develop.
Patricia Cline, LCSW, CCM, CLCP,
C-ASWCM, NCG, Lifecare Innovations, Burr Ridge
Eric Parker, Stotis & Baird Chartered, Chicago

What Every Elder Law Practitioner Should
Know About Mental Health Issues
The legal landscape has changed since the Illinois Supreme Court ruled in 2017 (In re Linda B., 2017 IL 119392) that ALL hospitals or  sections thereof that treat persons with a mental health issue need to follow the provisions of the Illinois Mental Health and Developmental Disabilities Code.  This game- changing opinion has impacted every hospital in Illinois with and without a behavioral unit.   Understanding the ramifications of Linda B. and its progeny will enable lawyers to more effectively advocate for clients and obtain the services that individuals need to address their mental health issues.   This session offers practical examples and real-life advice to assist all practitioners in addressing the complexity of mental health impact on clients, their families and the professionals who serve them. 
Joseph T. Monahan, Monahan Law
Group, LLC, Chicago

Ethical Issues Presented when Referring or Prosecuting Nursing Home Abuse and Neglect Cases
(1.0 Professional Responsibility credit)
The referring attorney (often an Elder Law Attorney) and the Personal Injury Attorney each face unique ethical issues when prosecuting nursing home abuse and neglect cases. This session includes a discussion of the duties owed to your client, many of whom may have diminished capacity; determining when a referral to a personal injury attorney is necessary; communication and coordination with the referring attorney; and steps Elder Law practitioners can take to ensure that their clients’ interests are being safeguarded. 
Catherine E. Lenert, Mickey, Wilson, Weiler, Renzi, Lenert & Julien, P.C./Elder Law Center, P.C., Sugar Grove
Michael W. Lenert, Meyers & Flowers,
Chicago

Don’t Litigate, Mediate: Family Settlements in Probate
(1.0 Professional Responsibility credit)
Probate and Guardianship mediation is similar to civil mediation, but the emotions are often at an extreme.  This session offers help in determining when mediation may be the best option for a family and insights on important considerations, including confidentiality issues, pre-mediation interviews, and selection of a mediator. Guidance is also offered on local court rules; motions; petitions to seek the appointment of a mediator; and the expectations of a mediator from the pre-mediation interview through the signing of a family settlement.
Hon. Jack Fleming (Ret.), Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago
Amy DeLaney, Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago

The Intersection of Revised CMS Rules for Nursing Homes and the Medicare Patient-Driven Payment Model
Federal nursing home regulations changed after 2016, eliminating many of the patient protections implemented by the Obama Administration.  This session will help you understand the new rules CMS has issued for nursing homes so that you can effectively advocate for your clients’ rights.  You will also get insight into Medicare’s revised payment structure for skilled rehabilitation in nursing homes and home healthcare and the impact it has on residents.
Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago
Heather E. Voorn, Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago

Life Care Plans – A Tool for The Elder Law Attorney and Their Clients
Although historically used within personal injury litigation to detail future damages, the Life Care Plan can be immensely beneficial to elder law attorneys and their clients, with applications re: advance directives, including future asset allocation, trust administration, and the development of accurate guardianship budgets. Learn how a Life Care Plan can assist you and your clients in identifying required care of a loved one or disabled person, appropriately budgeting or allocating funds for long term care and special needs and designing a road map to ensure your client receives the care that he or she needs ongoing and get practical tools for the utilization of Life Care Plans within your practice.
Jennifer Axelson, Lifecare Innovations, Burr Ridge
Priscilla Singer, Clark Hill PLC, Chicago

Aging in Place:  Help Your Clients Access HCBS Waivers
There are nine Home and Community-Based Services Waivers (“HCBS”) in Illinois.  This presentation provides information on each of the waiver programs, the services available through each program, how to access those services, the eligibility criteria for each program, and the potential planning opportunities for your clients.
Dawn M. Weekly, Legacy Law Firm, LLC, Sandwich
 

Perspective of the Corporate Fiduciary: The Role of the Bank
Banks play essential roles when serving as guardian of the estate.  As evidenced by a recent rise in questions by the courts, their role is not completely understood.  This presentation explores: the corporate fiduciary’s relationship with the guardian of the person, the ward, counsel, and the guardian ad litem; the duties of the guardian of the estate; fees earned incurred by the guardian of the estate; and other topics relevant to this important player in larger estates.
Ray J. Koenig III, Clark Hill PLC, Chicago
Cameron R. Park, Northern Trust, Chicago

The Nuts and Bolts of the Medicaid Application Process 
This session offers an overview of the application process for Illinois Medicaid and includes: a brief review of the laws and regulations pertaining to Long Term Care or AABD Medicaid; the eligibility requirements and verification process; and potential outcomes, such as the application of spend downs and penalty periods. 
Elizabeth Fink, WhiteheadFink Elder Law, LLC, Chicago
Tiffanny H. Sievers, SI Elder Law, LLC, Marion

Financial Exploitation of the Elderly
Financial exploitation comes in many forms. Using hypotheticals, this session addresses the various types of financial exploitation and provides remedies to prevent this abuse.
Kerry R. Peck, Peck Ritchey, LLC, Chicago

Mock Medicaid Appeal Hearing
Observe a staged hearing demonstrating the procedures, structure, and typical players involved in a Medicaid appeal to learn how these appeals are conducted and skills you can employ in your own administrative appeals.
Christine A. Barone, Delaney Delaney & Voorn, Ltd., Chicago
Mallory A. Moreno, Delaney Delaney & Voorn, Ltd., Chicago

Restoring an Individual after Adjudication of Disability: Preparing for and Litigating a Restoration Hearing
An adjudication of disability is not necessarily permanent. There are a host of circumstances in which an individual may no longer need a guardian due to, for example, significant improvements in the individual’s cognitive abilities and executive functioning. This session explores situations in which restoration may be appropriate, offers steps practitioners can take to better prepare for a restoration hearing, and presents strategies to use at the trial itself. 
Jesse Footlik, Peck Ritchey, LLC, Chicago
Amy McCarty, Monahan Law Group, LLC,
Chicago