17th Annual Elder Law Short Course

Moderator: Susan Langlotz, Strohschein Law Group, LLC, St. Charles and Wheaton

Moderator:  Constance Renzi, Mickey, Wilson, Weiler, Renzi, Lenert & Julien, PC / Elder Law Center, PC, Sugar Grove 

Secrets for Courtroom Success
Learn from the judges themselves what they think guardianship practitioners should know – and what they want to see in their courtrooms.
Honorable Daniel R. Degnan
Hon. Michael J. Chmiel, Circuit Court of McHenry County, Woodstock
Hon. Jack Fleming (Ret.), Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago
Hon. Elizabeth M. Rochford, Nineteenth Judicial Circuit, Lake County  
Moderator: Amy DeLaney, Delaney Delaney & Voorn, Ltd., Orland Park, Oak Brook & Chicago 

Illinois Trust Code Update
The new in 2020 Illinois Trust Code (ITC) was updated in 2022 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.
Suzanne L. Shier, Levenfeld Pearlstein LLC, Chicago  &
Ryan A. Walsh, Hamilton Thies & Lorch LLP, Chicago &

Accessing Confidential Mental Health and Other Highly Confidential Information
Elder care practitioners and all lawyers need to understand how to lawfully obtain access to mental health and other confidential information. In many cases “confidential” information is not obtainable. In certain cases, access to confidential information can be obtained lawfully by following the statutory requirements. This presentation will provide practical and useful information about how to access confidential information.
Joseph T. Monahan, Monahan Law Group, LLC, Chicago 
John W. Whitcomb, Monahan Law Group, Chicago

Medicaid Planning for Spouses, Blended Families, and Life Partners
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.
Kathryn C. Casey, Dutton Casey & Mesoloras, PC, Chicago 
Helen Mesoloras, Dutton Casey & Mesoloras, PC, Chicago 

Forms, Orders and Findings: Practical tips and Suggestions in Adult Guardianship Proceedings

This session will explore key provisions of the Adult Guardianship pleading forms for multiple counties and provide tips on how to present the most persuasive case on paper. Suggested Court Orders will be discussed, including various findings that should be included in an Order when a guardian is appointed. We will also provide pointers for practitioners when serving as counsel for non-appointed parties, specifically in relation to Orders entered in the guardianship proceedings.
Jesse Footlik, Peck Ritchey, LLC, Chicago
Jennifer M. Lynch, June Prodehl Renzi & Lynch, LLC, Joliet

Special Needs Trusts: The Basics and Beyond
An overview of first-party and third-party special needs trusts, drafting tips and techniques and how to decant to a special needs trust.
Heidi E. Dodd, Harter, Larson & Dodd, O'Fallon 
Heather E. Voorn, Delaney Delaney & Voorn, Ltd. , Chicago  

Estate of Average Joe: Administration for the Other Ninety-Nine Percent
We will review the administration of non-complex estates, including the probate process, trust administration, distribution of assets, tax issues, and advising the individual fiduciary. Attendees will come away with a knowledge of basic estate and trust administration without weeding through the complexities of estate and gift tax planning and returns.
Kathryn Shores, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest
Carrie A. Zuniga, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest 

Digesting the Alphabet Soup of Public Benefits
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.
Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago
Ben A. Neiburger, Generation Law Ltd. , Elmhurst 

Estate Planning in Guardianship
Learn the latest on estate planning in the context of guardianship and steps you can take to best protect your clients.
Kerry R. Peck, Peck Ritchey, LLC, Chicago 

Medicaid Basics and the Effects of the Pandemic
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. 
Sherri Schneider, Family Benefit Solutions, Inc., Buffalo Grove

Educating the Guardian
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.
Eric J. Parker, Stotis & Baird Chartered, Chicago &

Advanced Medicaid Planning and Medicaid Appeals
Discuss basic ways to protect assets for individuals on Medicaid. I will also be going over what the Pandemic has done to Medicaid and the ways that Medicaid could do to those people who got on Medicaid during the Pandemic. Finally, I will discuss what Medicaid Appeals are and when it is necessary to file an Appeal.
Tiffanny Sievers, SI Elder Law, LLC, Marion