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Chapter 1 — Planning for Social Security or Railroad Retirement Benefits
I. [1.1] Social Security Benefits
II. [1.35] Railroad Retirement Benefits
Chapter 2 — Medicare and Long-Term Care Insurance
I. Introduction
II. Introduction to Medicare
III. [2.17] Part A Medicare Hospital Insurance Benefits
IV. [2.35] Part B Supplementary Medical Insurance Benefits
VI. [2.39] Medicare Advantage (Managed Care) Program
IX. [2.44] Medicare Claims Process and Appeals
X. [2.52] Long-Term Care Insurance
Chapter 3 — Illinois Medical Assistance for Long-Term Care: Nursing Homes, Supportive Living Facilities, and Community Care Program Services
I. [3.1] Introduction
II. Sources of Law and Policy
III. [3.7] General Medicaid Eligibility
V. [3.14] Financial Eligibility Rules for Medicaid Coverage of Nursing Home Care and Community Care Program Services
VI. Medicaid Treatment of Trusts
VII. [3.40] Eligibility Penalties for Transfers of Assets
IX. [3.47] Illinois Spousal Impoverishment Protections
XI. Liens and Estate Recoveries
XII. Medicaid Appeals Process
XIV. Sample Forms
Chapter 4 — Planning for Incapacity: Powers of Attorney, Living Trusts, and Forms of Ownership
I. Durable Power of Attorney
II. Living Trusts
III. Other Forms of Ownership Important to Elderly
IV. Conclusion and Recommendations
V. Appendix
Chapter 5 — Guardianship for Disabled Adults
II. Basic Principles of Guardianship
III. [5.16] Procedures To Establish Guardianship
IV. Guardian ad Litem and Appointed Counsel
V. Duties of Guardian of the Person
VI. Duties of Guardian of the Estate
VII. Management of Ward’s Assets
VIII. [5.44] Temporary Guardianship
IX. Liability of Guardian
X. Modification and Termination of Guardianship
XI. [5.58] Alternatives to Guardianship
XII. Appendix — Forms
Chapter 6 — Planning for Disability: The Powers of Attorney for Health Care Law, the Illinois Living Will Act, the Health Care Surrogate Act, and the Agency-Court Relationship Statute
II. [6.2] Powers of Attorney for Health Care Law
III. [6.13] Illinois Living Will Act
V. Agency-Court Relationship
VI. Other Laws
VII. Appendix
Chapter 7 — Personal Injury and Wrongful Death Actions Under the Nursing Home Care Act
III. [7.3] Additional Resident Rights
XIII. Appendix — Forms
Chapter 8 — Nursing Homes and Life Care Communities
II. The Nursing Home Care Act and Other Laws Governing Nursing Homes and Long-Term Care Facilities
III. Nursing Home Residents’ Rights
IV. Nursing Home Selection and Other Considerations Regarding Long-Term Care Options
VI. Reviewing and Negotiating Life Care Contracts
VII. Administrative Complaint Procedures and Judicial Proceedings
Chapter 9 — Understanding a Long-Term Care Resident Contract
II. [9.2] Resources for Review of Long-Term Care Resident Contracts
III. Skilled Nursing and Intermediate Care Resident Contract
IV. Assisted Living Resident Contract
Chapter 10 — Pensions and Other Employee Benefits
III. [10.3] Laws Governing Employee Benefit Plans
IV. [10.7] Benefit Entitlements and Other Rights
V. [10.15] Asserting a Claim
VI. [10.27] Selected Topics
Chapter 11 — Consumer Fraud and Older Illinoisans
II. Introduction
III. [11.8] Unlawful Practices Under the Consumer Fraud Act
IV. Attorney General Powers Under the Consumer Fraud Act
V. Private Actions Under the Consumer Fraud Act
VI. Consumer Frauds Targeted at Older Illinoisans
VII. Appendix
Chapter 12 — Grandparents’ Rights
I. Introduction
II. [12.4] Visitation
III. [12.9] Legal Custody
IV. [12.21] Guardianship
V. [12.43] Adoption
VI. Appendix — Sample Forms
Chapter 13 — Elder Abuse and Neglect
I. Domestic Elder Abuse and Neglect and the Elder Abuse and Neglect Act
II. Abused, Neglected, and Exploited Institutionalized Older Persons
III. Legal Interventions
Chapter 14 — Protecting Seniors from Discrimination in Housing
IV. [14.4] Federal Fair Housing Act
Chapter 15 — Tax Planning for the Elderly
II. State of Illinois Provisions
III. [15.12] Federal Tax ProvisionsNo bio available.
Michael F. Bonamarte is a Partner at Levin & Perconti in Chicago, where he works passionately and diligently to help individuals and their families who have been harmed as a result of wrongful conduct, achieving outstanding results in a number of high-profile nursing home, wrongful-death, medical malpractice, and personal injury lawsuits. He speaks regularly for the Illinois Trial Lawyers Association and IICLE®. Bonamarte is a member of the Chicago, Illinois State, and American Bar Associations as well as the Illinois Trial Lawyers Association. He is Secretary of the Nursing Home Litigation Group of the American Association for Justice and President of the Justinian Society. Bonamarte received his B.S. with academic distinction from the University of Wisconsin-Madison and his J.D. from The John Marshall Law School.
William L. Broom III is a Partner at Barrett, Twomey, Broom, Hughes & Hoke, LLP, in Carbondale, where he concentrates his practice in civil litigation, estate planning, and eminent domain. He has been a Special Assistant Attorney for the Illinois Department of Transportation for eminent domain and land acquisition since 1983. He is active in the Illinois State Bar Association and has served as Chair of its Committees on Professional Responsibility, Healthcare, and Continuing Legal Education. He is also a member of the American Bar Association, the American Association for Justice, and the Illinois Trial Lawyers Association. Mr. Broom received his B.S. from the University of Illinois and his J.D. from the University of Illinois College of Law.
F. Willis Caruso is a Clinical Professor at The John Marshall Law School, the Co-Executive Director of The John Marshall Fair Housing Legal Support Center & Clinic, and the Director of The John Marshall Pro Bono Program & Clinic. He is a member of the American, Illinois State, and Chicago Bar Associations. Mr. Caruso is a graduate of Northwestern University, where he received both his B.S. and his J.D.
Amy J. Delaney is Founder and Managing Partner of DDV Law, LTD., in Chicago, and focuses her practice on elder law. Delaney has earned consistent recognition as a Leading Lawyer, Super Lawyer, and one of the Top 50 Female Attorneys in Illinois. She is Past President of the Illinois Chapter of the National Academy of Elder Law Attorneys and, in addition to holding the AV Preeminent rating from Martindale-Hubbell, maintains a perfect Avvo rating. Delaney received her J.D. from Lewis & Clark Law School, her M.S. from the University of Illinois-Springfield, and her B.A. from the University of Illinois-Urbana-Champaign.
Pauline G. Dembicki is a sole practitioner in Evanston, where her practice focuses on estate planning, trusts, prenuptials, elder law, powers of attorney, probate and trust administration, guardianship administration, and related contested matters. She is a recipient of volunteer awards from IICLE® and the Chicago Volunteer Legal Services Volunteer Award and an award from the North Suburban Bar Association. Ms. Dembicki received her B.A. from the University of Illinois at Chicago Circle and her J.D. from Chicago-Kent College of Law.
Janna S. Dutton is a Principal at Dutton & Casey, P.C., in Chicago, where she concentrates in estate planning, probate, and elder law issues, including guardianship and financial exploitation matters, trusts and estate planning, Medicaid planning and applications, and probate and estate administration. She is certified by the National Elder Law Foundation as an elder law attorney and has held this certification since 1995. Prior to opening her private practice in 1989, Ms. Dutton was the Project Director of Senior Citizens Legal Services with the Cook County Legal Assistance Foundation. Ms. Dutton is a member of the National Academy of Elder Law Attorneys, Illinois Chapter; the Chicago Bar Association, Elder Law Committee, Trust Law Committee; and the Council of Advanced Practitioners (CAP) of the National Academy of Elder Law Attorneys. The CAP is an invitation-only membership for experienced Certified Elder Law Attorneys with an AV rating. Ms. Dutton completed her undergraduate education at Wheaton College and received her J.D. from DePaul University College of Law.
Carey C. Gill is an associate attorney with Barrett, Twomey, Broom, Hughes & Hoke, LLP, in Carbondale, where she concentrates on estate planning, probate litigation, real estate, eminent domain, and civil litigation and is a Special Assistant Attorney General for land acquisition. Ms. Gill is a member of the Jackson County Bar Association, the Illinois State Bar Association, and the Southern Illinois American Inns of Court. She received her B.A. from Monmouth College and J.D. from Southern Illinois University School of Law.
Deborah Hagan was with the Attorney General’s Office for over 30 years. She served as Division Chief of the statewide Consumer Protection Division of the Office of the Illinois Attorney General in Springfield and Chicago. She also served as an Assistant Attorney General, Deputy Chief, and Bureau Chief of the Consumer Fraud Bureau. Ms. Hagan has written for IICLEÒ’s ADVISING ELDERLY CLIENTS AND THEIR FAMILIES and for the Illinois Bar Journal. She received her B.A. from Miami University (Oxford, Ohio) and her J.D. from the University of Dayton School of Law.
Brittany Heitz is an associate in the Chicago office of Schiller DuCanto & Fleck LLP, where she focuses her practice on complex family law. She is a member of the Chicago Bar Association, the Illinois Bar Association, and the American Bar Association. Ms. Heitz received her B.S. from the University of Illinois at Urbana-Champaign and her J.D. magna cum laude, Order of the Coif from DePaul University College of Law.
Steven M. Levin is Cofounder of and Senior Partner at Levin & Perconti in Chicago, with more than 30 years of plaintiffs’ personal injury litigation experience and success. He was among the first attorneys in the country to handle nursing home cases and has established a reputation as one of the country’s top litigators in nursing home litigation. He is a member of the National Consumer Voice for Quality Long-Term Care Leadership Council, an organization dedicated to protecting the rights of nursing home residents and their families, and is also the former Chair of the American Association for Justice Nursing Home Litigation Group. Levin has been named an Illinois Super Lawyer (2013 – 2022) and selected for inclusion in The Best Lawyers in America every year since 2013. Levin received his undergraduate degree from the University of Wisconsin-Madison and his J.D. from Loyola University Chicago School of Law.
Andrea K. Muchinis a Partner at Schiller, DuCanto & Fleck, LLP in Chicago, where she focues on family law. She is a board member of the Bernard Zell Day School and involved in the Professional and Women’s Divisions of the Jewish United Fund and Shalva. Ms. Muchin received her B.A. from the University of Michigan and her J.D. from the Boston University School of Law.
Ben A. Neiburger is a Founder of Generation Law in Elmhurst, where he concentrates his practice on estate planning and elder law. He has been recognized as an Illinois Super Lawyer in Elder Law (2007, 2009 – present) and as IICLE®’s Volunteer of the Year (2010). He served as Chair of IICLE®’s Board of Directors in 2018. He is also a CPA. Mr. Neiburger received his BS from the University of Illinois Urbana-Champaign and his JD from the Chicago-Kent College of Law.
No bio available.
Robert M. Perbohner is Counsel to the Management Member of the U.S. Railroad Retirement Board in Chicago, where he focuses on government policy and administration. He received his B.A. from the University of Illinois and his J.D. from IIT Chicago-Kent College of Law.
Lee T. Polk is a Partner with the Wagner Law Group, P.C., in Chicago, where he focuses on employee benefits, employment law, and tax law. He is a member of the American, Illinois State, and Chicago Bar Associations and a Charter Member of the American College of Employee Benefits Counsel. Mr. Polk received his B.A. from Coe College and his J.D. from the University of Chicago Law School.
Rebecca L. Pruitt serves as Assistant Attorney General in the Consumer Fraud Bureau of the Illinois Attorney General’s Office in Springfield. She has been a presenter at IICLE® and Missouri Bar Continuing Legal Education programs on various elder law topics. Ms. Pruitt received the Pro Bono Award from the Missouri Bar. She received her B.S. and her M.S.W. from the University of Illinois at Urbana-Champaign and her J.D. from Loyola University Chicago School of Law.
No bio available.
Michael R. Robinson is an administrative law judge with the Illinois Human Rights Commission in Springfield. He has authored several articles for the Illinois State Bar Association’s Illinois Bar Journal, of which three were cited as winners of the Lincoln Legal Writing Award in 1985, 1986, and 1989. Mr. Robinson received his B.A. from the University of Illinois and his J.D. from the University of Nebraska College of Law.
No bio available.
Sharon R. Rudy is a sole practitioner in Rockford, where she focuses on adult guardianships, estate administration, and representation of victims of elder abuse and exploitation. She is a member of the Illinois State and Winnebago County Bar Associations and the Illinois Guardianship Association. Ms. Rudy received her B.A. from Carleton College and her J.D. from Loyola University Chicago School of Law.
Michael P. Seng is a professor at the University of Illinois Chicago School of Law, where he focuses on constitutional law, civil rights, and fair housing. He has received a Lifetime Achievement Award from the Catholic Lawyers Guild, the Elmer Gertz Lawyer Award from the Illinois State Bar Association and Blind Services Association, and the Leonard Schrager Award of Excellence from the Chicago Bar Foundation. Mr. Seng received his A.B. and his J.D. from the University of Notre Dame and an Honorary Juris Doctorate from Masaryk University in the Czech Republic.
Heather E. Voorn is a Partner at Voorn, Jaworski & Preston, PLLC, located in Chicago and New Lenox, where she devotes her legal practice to elder law. She is a member and a Director on the Board of the National Academy of Elder Law Attorneys. She is a member of the Illinois State and Will County Bar Associations and serves on the Board of Directors of IICLE®. Ms. Voorn received her B.A. from Florida State University and her J.D. from the University of Illinois Chicago School of Law. She is certified as an Elder Law Attorney by the National Elder Law Foundation, May 17, 2012. (The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law, and the recognition is not required to practice law in Illinois.)
No bio available.
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