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17th Annual Elder Law Short Course

The 17th 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 eliminating barriers to legal access, navigating guardianship and power of attorney disputes, and legislative updates. In addition, you’ll get the latest on advising your clients about Medicaid (planning and application), judicial perspectives on guardianships, Illinois Trust Code update, and much more!

Registration includes post-event access to the online on-demand recording and all additional breakout CLE.
Credits: 9 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 3 Other PR
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Thursday, October 28 and Friday, October 29, 2021
Live Webcast

DAY ONE
Moderator: Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago 

8:15 - 8:50 Log into the webcast via your account at www.iicle.com
8:50 - 9:00 Welcoming Announcements

9:00 – 10:00  Illinois Elder Law Case Law and Legislative Update 2021
Linda M. Strohschein, Strohschein Law Group, LLC, St. Charles & Wheaton 

10:00 - 10:15  Break

10:15 -11:15  Electronic Wills and Remote Witnesses Act
Discuss procedures for signing a will under the Electronic Wills and Remote Witnesses Act including, assembling a signed paper will with remote witnesses and creating certified paper copies of an electronic will.
Ray Prather, Prather Ebner LLP, Chicago
Heather E. VoornDelaney Delaney & Voorn, Ltd. , Chicago 

11:15 - 12:15  COVID-19 and Shiva, God of Destruction and Transformation
(1 Professional Responsibility)
A discussion on how COVID-19 shifted the paradigm of trial work and work-life balance in the legal profession. 
Richard Gleason, Illinois ARDC, Chicago

12:15 - 1:00  Lunch Break

1:00 - 2:00  Who decides? Tips and Strategies for Successfully Navigating Guardianship & Power of Attorney Disputes
Litigation over whether a decision-maker is needed (and the identity of that decision-maker) raises serious and complicated issues of intent, degrees of capacity, familial connections, and abuse or neglect, as well as care and financial planning.  Each co-presenter has decades of experience resolving these issues both in and out of courtrooms – both aligned and opposed to each other - and will share their views of the applicable law, including tips and strategies on moving forward through this morass of complications and competing interests.
Ray J. Koenig III, Clark Hill PLC, Chicago     
Amy McCarty, Monahan Law Group, LLC, Chicago

2:00 - 2:15  Break

2:15 - 3:15  Eliminating Barriers to Legal Access: Obstacles and Opportunities for Your Practice
(1 Professional Responsibility)
Studies suggest there are countless reasons why people with legal needs do not seek out assistance from a lawyer. This session will examine the most common obstacles through the lens of potential elder law clients. We will explore ways to address these challenges in your delivery of legal services, as well as discover how lawyers can and why they should explore opportunities in the latent legal market.
Anne-Marie Rábago, Modern Juris, Denver, CO

3:15 – 4:15      I Care a Lot: A Netflix Film – A Legal and Ethical Discussion Surrounding Guardianship   
(1 Professional Responsibility)
A discussion focused on the legal, moral and ethical issues surrounding guardianship in the hit film, I Care a Lot. Plus, a discussion about the Britney Spears conservatorship/guardianship.
Kerry R. PeckPeck Ritchey, LLCChicago 
Diana Law, Law Hesselbaum, LLP, Kane County Public Guardian, Kane County Public Administrator, Aurora
Honorable Daniel R. Degnan, Circuit Court of Cook County, Probate Division, Guardianship

4:15  Adjourn Day 1

 

DAY TWO

TRACK ATRACK B

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

9:00 - 10:00

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 &

10:00 - 10:10

Break

Break

10:10 - 11:10

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

11:10 - 11:20

Break

Break

11:20 -12:20

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, LLCChicago
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 

12:20 - 1:00

Lunch Break

Lunch Break

1:00 - 2:00

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

2:00 - 2:10

Break

Break

2:10 - 3:10

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

3:10 - 3:20

Break

Break

3:20 - 4:20

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

4:20   Adjourn Day 2

= IICLE® Publications Author

Live Webcast
SKU: P9007-21W
$600.00

Thursday, October 28 and Friday, October 29, 2021
Live Webcast

DAY ONE
Moderator: Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago 

8:15 - 8:50 Log into the webcast via your account at www.iicle.com
8:50 - 9:00 Welcoming Announcements

9:00 – 10:00  Illinois Elder Law Case Law and Legislative Update 2021
Linda M. Strohschein, Strohschein Law Group, LLC, St. Charles & Wheaton 

10:00 - 10:15  Break

10:15 -11:15  Electronic Wills and Remote Witnesses Act
Discuss procedures for signing a will under the Electronic Wills and Remote Witnesses Act including, assembling a signed paper will with remote witnesses and creating certified paper copies of an electronic will.
Ray Prather, Prather Ebner LLP, Chicago
Heather E. VoornDelaney Delaney & Voorn, Ltd. , Chicago 

11:15 - 12:15  COVID-19 and Shiva, God of Destruction and Transformation
(1 Professional Responsibility)
A discussion on how COVID-19 shifted the paradigm of trial work and work-life balance in the legal profession. 
Richard Gleason, Illinois ARDC, Chicago

12:15 - 1:00  Lunch Break

1:00 - 2:00  Who decides? Tips and Strategies for Successfully Navigating Guardianship & Power of Attorney Disputes
Litigation over whether a decision-maker is needed (and the identity of that decision-maker) raises serious and complicated issues of intent, degrees of capacity, familial connections, and abuse or neglect, as well as care and financial planning.  Each co-presenter has decades of experience resolving these issues both in and out of courtrooms – both aligned and opposed to each other - and will share their views of the applicable law, including tips and strategies on moving forward through this morass of complications and competing interests.
Ray J. Koenig III, Clark Hill PLC, Chicago     
Amy McCarty, Monahan Law Group, LLC, Chicago

2:00 - 2:15  Break

2:15 - 3:15  Eliminating Barriers to Legal Access: Obstacles and Opportunities for Your Practice
(1 Professional Responsibility)
Studies suggest there are countless reasons why people with legal needs do not seek out assistance from a lawyer. This session will examine the most common obstacles through the lens of potential elder law clients. We will explore ways to address these challenges in your delivery of legal services, as well as discover how lawyers can and why they should explore opportunities in the latent legal market.
Anne-Marie Rábago, Modern Juris, Denver, CO

3:15 – 4:15      I Care a Lot: A Netflix Film – A Legal and Ethical Discussion Surrounding Guardianship   
(1 Professional Responsibility)
A discussion focused on the legal, moral and ethical issues surrounding guardianship in the hit film, I Care a Lot. Plus, a discussion about the Britney Spears conservatorship/guardianship.
Kerry R. PeckPeck Ritchey, LLCChicago 
Diana Law, Law Hesselbaum, LLP, Kane County Public Guardian, Kane County Public Administrator, Aurora
Honorable Daniel R. Degnan, Circuit Court of Cook County, Probate Division, Guardianship

4:15  Adjourn Day 1

 

DAY TWO

TRACK ATRACK B

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

9:00 - 10:00

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 &

10:00 - 10:10

Break

Break

10:10 - 11:10

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

11:10 - 11:20

Break

Break

11:20 -12:20

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, LLCChicago
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 

12:20 - 1:00

Lunch Break

Lunch Break

1:00 - 2:00

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

2:00 - 2:10

Break

Break

2:10 - 3:10

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

3:10 - 3:20

Break

Break

3:20 - 4:20

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

4:20   Adjourn Day 2

= IICLE® Publications Author

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Program Date10/28 & 29/2021
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