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.
Credits: 9 General, 1 Diversity/Inclusion PR, 0 MH/SA PR, 2 Other PR
Monday, November 7th and Tuesday, November 8th, 2022
Doubletree Lisle and Live Webcast
DAY ONE
Moderator: Heidi E. Dodd, Dodd & Wambold, O’Fallon&
8:15 - 8:50 Registration Opens/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 2022
Get up to date on new cases and Illinois legislation.
Linda M. Strohschein, Strohschein Law Group, LLC, St. Charles&
10:00 – 10:15 Break
10:15 -11:15 Back to the Future: Electronic Wills, Notarizations, and the Illinois Trust Code
Do laws passed in 2021 still have your head spinning? This provides a condensed review and update on: Electronic Wills and Remote Witnesses Act, Amendments to the Illinois Notary Public Act; and Amendments to the Illinois Trust Code
Reetu Pepoff, Northern Trust, Chicago
Ray Prather, Prather Ebner LLP, Chicago
11:15 - 12:15 Tax Planning for the Elderly: You Really Don’t Want to Miss This
It’s time to get back to the basics. This session will review every tax we can find that affects the elderly in a format that is easy to remember and entertaining.
Ben A. Neiburger, Generation Law Ltd., Elmhurst &
Krystian Seebert, Generation Law Ltd., Elmhurst
12:15 – 1:00 Lunch Break
1:00 - 2:00 Supreme Court Commission on Elder Law
Learn how the recently established commission will work with the Illinois Supreme Court to address a variety of legal issues affecting seniors in Illinois and across the nation.
Kerry R. Peck, Peck Ritchey, LLC, Chicago&
2:00 – 2:15 Break
2:15 - 3:15 Annual Judges’ Panel
(1 Professional Responsibility)
Learn from the judges themselves what they think practitioners should know – and what they want to see in their courtrooms.
Moderator: Hon. Jack Fleming (Ret.), DDV Law, Ltd., Orland Park, Oak Brook & Chicago
Hon. Michael J. Chmiel, Circuit Court of McHenry County, Woodstock
Hon. Daniel R. Degnan, Circuit Court of Cook County, Probate Division, Guardianship
Hon. Aicha M. MacCarthy, Circuit Court of Cook County, Probate Division
3:15 – 4:15 Diversity and Inclusion in Elder Law & Estate Planning Panel
(1 Diversity & Inclusion Professional Responsibility)
Jacqueline Boyd, The Care Plan, Chicago
Jasmine H. Chen, Sandberg Phoenix, St. Louis
DAY TWO
| TRACK A (Benefits)
Moderated by: Tiffanny H. Sievers, SI Elder Law, LLC, Marion | TRACK B (Guardianship)
Moderated by: Melissa Johnson, Generation Law Ltd., Elmhurst |
9:00 – 10:00 | Nuts and Bolts of Medicaid Applications
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 M. Fink, WhiteheadFink Elder Law, LLC, Chicago | Preparing for a Guardianship Trial-Part 1 Ray J. Koenig III, Clark Hill PLC, Chicago &
Amy McCarty, Monahan Law Group, LLC, Chicago |
10:00 – 10:10 | Break | Break |
10:10-11:10 | Financing Long-Term Care without Medicaid - Private Reverse Mortgages
- Annuities
- Long-term Care Insurance
Guy Matthews, Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C., West Chester, PA | Preparing for a Guardianship Trial-Part 2 Sarah M. LeRose, Law Office of Leonard J. LeRose, Jr., Ltd., Chicago |
11:10 – 11:20 | Break | Break |
11:20-12:20 | Non-Penalized and Advanced Medicaid Planning
This session will feature Medicaid planning strategies such as Medicaid-compliant annuities, gifting as well as non-penalized transfers of real estate and other resources to achieve Medicaid qualification while preserving assets. The speaker will outline the steps necessary to execute these Medicaid strategies and the pitfalls to avoid potential problems.
Mollie Whitehead, WhiteheadFink Elder Law, LLC, Chicago | Post Appointment Administration - Best Accounting Practices for Guardians, POAs, Executors, Trustees, Administrators
Marcie Hefler, HeflerLichtenberg, Chicago
Kevin Lichtenberg, HeflerLichtenberg, Chicago |
12:20 – 1:00 | Lunch Break | Lunch Break |
1:00 – 2:00 | Disability Benefits Under the Social Security Act: What an Elder Law Attorney Needs to Know
Elder law attorneys are likely to encounter candidates for disability benefits in two scenarios: (1) individuals with disabilities who are unable to work but not quite old enough for full retirement benefits or for aged SSI, and/or (2) clients concerned about future planning for their child or children with disabilities. This session will cover eligibility for each of the four types of disability benefits (DIB, CDB, DWB, SSI), applications, the disability determination process, the appeals process, maintaining benefits after entitlement, representation issues, and challenging situations where the potential applicant is unable to assist with the application process.
Wendy S. Cappelletto, Office of the Public Guardian of Cook County, Chicago
Avram L. Sacks,Attorney at Law, Skokie | Divorce in Guardianships - QDRO
Support/How Support is Paid
Katherine Maloney, Rathbun, Cservenyak & Kozol, Plainfield
|
2:00 – 2:10 | Break | Break |
2:10 – 3:10 | Nursing Home Residents Rights in the NHCA and Beyond
An examination of the Illinois Nursing Home Care Act and newest rules pertaining to the rights of residents in facilities accepting Medicare and Medicaid benefits.
Amy DeLaney, DDV Law, Ltd., Orland Park, Oak Brook & Chicago &
Rachel Hitt, RN, BSN, Elite Life Care Services, LLC, Chicago
Troy Kerber, Elite Life Care Services, LLC, Chicago | Attorneys’ Fees in Guardianship and Probate Litigation
This presentation will explore various considerations when evaluating the legal fees of the fiduciary’s counsel, in both contested and uncontested matters. Practitioners can take appropriate steps to avoid short-changing themselves on their hard-earned fees by filing a proper petition which conforms to the law on reasonableness, and which includes sufficient detail of the work performed.
Kyle Fahey, Peck Ritchey, LLC, Chicago
Jesse Footlik, Peck Ritchey, LLC, Chicago
|
3:10 – 3:20 | Break | Break |
3:20 – 4:20 | Estate Planning for People with Diminished Capacity
(1 Professional Responsibility)
This session will be comprised of four parts: 1) an overview of the challenge facing practitioners when given the privilege of serving persons with diminished capacity, 2) examining the relevant ethical rules that must be considered in dealing with clients with diminished capacity as set forth under the Illinois Rules of Professional Conduct, such as Rule 1.14, 3) how lawyers can attempt to distinguish between treating the client in a normal attorney-client relationship versus seeking protective action for the client, and 4) estate planning strategies that can be considered in light of diminished capacity and the distinctions in representing single individuals and married individuals.
Anthony B. Ferraro, Robbins DiMonte, Ltd., Park Ridge | GAL and Court Appointed Attorneys for the
Ward Panel
(1 Professional Responsibility)
Jennifer M. Lynch, June Prodehl Renzi & Lynch, LLC, Joliet
Kerry R. Peck, Peck Ritchey, LLC, Chicago&
Kathryn Shores, Lesser Lutrey Pasquesi & Howe, LLP, Lake Forest |
