1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
man-with-screwdrive-through-hand We all like to save money—especially on legal matters.  Millions of people are now using do-it-yourself online legal form services like www.legalzoom.com.  To check it out, I went there, too. Their home page proudly raves, “Save time and money… created by top attorneys… helps you create reliable legal documents… we even review your answers and guarantee your satisfaction.”  There is even a testimonial from an attorney who says, “As an attorney, I have been pleasantly surprised with the ease and efficiency of legalzoom.” What is not as obvious, at the very bottom of the home page, is their disclaimer of liability.  Go ahead and  scroll down to the bottom of the page—you’ll see the disclaimer in very light print. It states:
“The information provided in this site is not legal advice, but general information on legal issues commonly encountered.  Legalzoom’s legal document service is not a law firm and is not a substitute for an attorney or law firm.  Legalzoom cannot provide legal advice and can only provide self-help services at your specific direction.  Please note that your access to and use of legalzoom is subject to additional terms and conditions.”
The words “additional terms and conditions’ is a hot-link that if you click on it will take you to an even longer disclaimer! The disclaimer guts all of the assurances of reliability and suitability of use that you may have assumed were part of the “actual review of your answers and guarantee of satisfaction.”  YOU ARE THE “LAWYER” WHO CHOOSES THE LEGAL FORM! If you decide to be your own lawyer, please understand that  legalzoom has the best of all worlds.  They advertise that they will provide you with the best form of your choosing and save you money—but if you ever have a problem because of that document, they’re not responsible.  You are the one who made the decision about which legal document was right for you and your circumstances. Just yesterday in a meeting with a client, that client exclaimed, “Wow, I never knew that there were so many things to think about in our estate planning.”  I responded, “You know, that’s what most people say when it comes to estate planning, disability, Medicaid, or veteran’s benefits.  You don’t do this work every day, so you just can’t know all of the issues.” The real value of what any professional counselor does is listen to your description of your circumstances and goals, and then choose the best course of action. There is an old story about a factory which shut down due to an equipment failure.  The owner of the factory called a renowned expert to rush to the factory to get things moving. The owner told him, “This shutdown is costing us $100,000 per day!”  The expert arrived, walked around the faulty machine, then took out a screwdriver and adjusted a thing or two.  Within moments the machine came back to life and the factory began to hum with activity.  The owner was thrilled—until he was given a bill for $10,000.  He roared, “But it took you less than 10 minutes to fix the machine—it cannot possibly cost $10,000!”  The expert calmly responded, “No, it took me a lifetime to know exactly where and how to use that screwdriver.  The bill is $10,000—but the value to you is $100,000 per day.” Moral of the story:  The right solution for the circumstances often requires a lifetime of preparation. figure-with-screwdriver
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Today I stop living a lie! Despite the old photo I have been showing you, I really don’t have brown hair anymore—and unfortunately, I now need to wear my eyeglasses all the time.  The photos above are both of me, Rick Law, 2004 and 2009.  I promise to no longer hide behind my former, more youthful 55-year-old portrait. No siree, I’m now a 59-year-old white-haired grandpa, and proud of it! Let me reflect on the passage of the last five years—“Rick Law, 2004-2009.”  Someone insightfully said that the “dash” between dates symbolizes all of the life events that took place during that time.  As an  elder law attorney who works with the issues of the frail, the senior citizen, and those with disabilities of any age, some of the biggest changes that I have noticed over the last five years are:
  1. Now the Boomers are coming into my office. Five years ago, my practice was totally focused on my parent’s generation, the Greatest Generation—but now it’s our turn.  We, the Boomers, are starting to die, become disabled, have memory issues and mobility issues, experience young-onset Alzheimer’s and Parkinson’s, and have other longevity problems.
  2. The federal and state governments have insufficient resources to meet the demand, so they keep creating even bigger barriers to accessing long term health care benefits.  This is true despite the current president’s recent health care promise that “I will not let a bureaucrat come between you and quality health care.”
  3. The speed of change forces my legal team and I to have to “sprint” to remain honed and ready advocates.
For me personally, some of the most important things that have happened in the “dash” of the last five years are:
  1. The startup and growth of our law practice, which is focused in the areas of estate protection and planning, disability, Medicaid, and veteran’s benefits for the over-65.  We have gone from three employees to a great team of twenty!
  2. The birth of my four beautiful grandchildren—Lucy, Daphne, Evan, and Phoebe.
  3. Having served over 1,500 clients throughout Illinois.
  4. Delighting in the presence of our bright young attorneys—Diana M. Law, partner; Gina Salamone, Esq.; and Zachary Hesselbaum, Esq.  It makes me feel good to know that when and if something happens to me, these three can lead the legal team while serving our clients and their families.
  5. The founding of the Veterans Benefit Institute, which has been one of my greatest legal experiences.  It has allowed us the opportunity to provide education about VA benefits for the over-65 wartime veteran to more than 80 law firms from around the country.
  6. My entrance into the blogging world, which has allowed me to get to know some of the most wonderful, caring, and life-lifting people that I have ever met in my life.
So far this ‘aging thing’ has been full of love and life.  I am trying to follow the wit and wisdom of the great philosopher, Lucille Ball, who said, “The secret to staying young is to live honestly, eat slowly, and lie about your age.”  Here’s to eternal hope! Rick
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lpt-treasure-chest A number of times I have had clients tell me that they love their adult children, but  they have a child who has chosen a destructive lifestyle.  Sometimes it’s a mental health issue, or sometimes it’s just a matter of making very bad choices.  These parents do not want to abandon any of their children—but they also do not want to give money to fuel the fire that is consuming their child.  They come to me and ask me what to do.  These are not persons with a legally defined disability—but they will squander all of their inheritance unless their parents find a way to provide “lifetime love and protection” over estate assets.  The answer is what I call the Lifetime Love and Protection Trust (LPT). A Love and Protection Trust is designed to be a legal tool to provide protection, motivation, and encouragement for an adult child who is unable to make careful and supportive decisions with his or her money.  The LPT works to ensure that your investment in your adult child is used to further your caring purposes, positive values, and enduring concerns for his or her well-being. A professional trustee will follow your written trust instructions and safeguard your property to benefit your child.  Trained investment professionals will safeguard the money and work to maximize a reasonable and profitable return on the assets that you have left to be invested.  By law and by the trust document itself, the trustee must make prudent and intelligent decisions to protect your child and your trust monies. Unfortunately, it happens all too often that adult children squander their entire inheritance unless you take control and help them by making a final gift of love and protection by using a lifetime trust.  The LPT prevents an adult child from foolishly spending, wasting, and losing your hard-earned estate.  Your investment in your child is protected from creditors, failed marriages, and other predators. Some adult children consistently make destructive choices and therefore are extremely vulnerable to creditor lawsuits and many other types of legal claims.  An LPT can be designed to discourage substance abuse and to provide for the special needs of your adult child.  You can and should build protective walls around the legacy that you have chosen to leave your child. Build a fortress with this trust.  At its most basic, a love and protection trust will be there for your child long after you are no longer able to be directly involved.  Your legacy of love, protection, and sound investment management will give your adult child the best chance to still have money available if and when he or she eventually chooses to seek help to make a positive life transformation.
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Law Elder Law is very proud to announce that our very own Diana Law has just become the youngest member of the Leading Lawyers Network here in Illinois!  The Leading Lawyers Network is a prestigious group to be a part of because the only way to become a member is to be nominated by your peers.  Even once you are nominated you aren’t actually accepted until you have been reviewed by a number of your peers.
“Leading Lawyers Network surveys lawyers, asking them which of their peers, indeed their competitors, they would recommend to a family member or friend if they could not take a case within their area of law or geographic region.”  (from the Leading Lawyers Website)
In fact, the Leading Lawyers Network takes only 5% or less of all the attorneys in Illinois.  We are proud to have TWO of our Law Elder Law attorneys be a part of this group, as Diana’s dad Rick Law is also a member of the Leading Lawyers Network. Of course, it’s no surprise to us that Diana was nominated.  In addition to being involved in the Kane County Bar Association and giving her time in many other service organizations, Diana is known for her focused and caring service to her clients. As for Diana, she’s pleased with the membership in part because she hopes it will be beneficial in dealing with the practical aspects of her job, which is namely ensuring that the elderly of our community receive the advice and protection they need.  Many clients come in feeling overwhelmed and scared, not even having known they needed an elder law attorney until the last minute.  Diana hopes she will be able to reach more seniors and their families this way. When asked what Diana likes most about elder law, she answered “I enjoy providing more than just legal services. In fact some days I feel more like a social worker. We get and give lots of hugs! I like that I can develop close relationships with my clients during a crisis time of life; I’m helping them when I know they need it most.” Congratulations Diana! To read the full article from Leading Lawyers Network click here: Leading Lawyers Article
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I have lost 115 pounds of scaled weight and gained a large amount of muscle. I have gone from a 48” to a 38” waist. My health has been greatly improved, and my overall sense of well being has been restored. I really can’t put into words the feeling of accomplishment that I feel right now. This has been one of my greatest challenges and also one of my greatest victories.

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Value billing is based on the idea that one should charge a fee that is appropriate and ethically reasonable for the value provided to the client. It is my viewpoint that both clients and lawyers can enjoy better relationships if lawyers charge value-based fees. Read on to see how we might make value-billing work…

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Wills and trusts may be part of the elder law process at times—but there is so much more involved than that! Furthermore, litigating cases that have nothing to do with probate or other issues that touch the elderly does not qualify an attorney to be an elder law attorney.

Will the real elder law attorney please stand up?

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Veronique finished signing her estate plan documents and looked up at me and sighed, “That is such a relief!  Every time we drive in bad weather, I worry about dying before we have provided for our granddaughters.”  She has a lovely French accent, so those words were definitely music to this attorney’s ears. But then with a note of concern, she looked directly at my face and asked, “How old are you?”  Her worry had just changed from completing her estate plan to worrying about whether or not I would outlive her. She wanted to feel confident that I would be around to help provide guidance for her granddaughter’s trust.  “ I am 58,” I responded, “and the good news is that Law Elder Law has a second generation built-in. I am the oldest at our firm, but we have many young, capable people here to hold your hand if something happens to me.” But Veronique was right to be concerned. I was born in 1950 and my life expectancy is about 21 more years.  Just last month when I was on vacation, one of my attorney acquaintances died suddenly of a heart attack. He was 61 and a sole practitioner.  I have no idea what is happening with his client files.  Your attorney should take no offense if you ask, “How old are you?”; “How will you keep track of my file in the future?”; and “What is your succession plan if something happens to you?”  Every client deserves to know the answers to those questions. It is completely reasonable for you as a prospective client to enquire as to the succession plan of your attorney.  Here at Law Elder Law one of our goals is to run our law practice with modern, business-style systems designed to care for our clients every step of the way.  Our systems begin with sending our message to prospective clients and ends with our final information and electronic file storage.  We even have our own information technology and media manager, Angenette Moreland. But most importantly, at Law Elder Law we provide services to our clients as a team.  Running a law practice today requires management of much more than just the legal work, and we take that seriously—for ourselves and for our clients.
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At a legal conference on disability planning I once had a lawyer abruptly confront me and ask, “You see your law practice as some kind of religious thing, don’t you?”  He had visited our website at www.lawelderlaw.com and read some of the “Meet Our Team” bios and quotations.  He had seen that a fair number of our employees have expressed their Christian faith by choosing various Bible verses as their favorite quotations. I am a Christ-follower. Part of what this means is that I hold myself accountable to act in a manner consistent with my beliefs—not always an easy task for any of us, but one towards which I will always strive. I recently received Ronald Sider’s new book entitled I am Not a Social Activist: Making Jesus the Agenda.  Myron Augsburger’s preface praises Mr. Sider as he comments, “We share many convictions, especially believing that to be truly evangelical (sharing the Good News of God’s reconciliation with man through Christ) is to be committed to justice, equity, the poor, the oppressed, to peace, and to non-violence. As a disciple of Christ, an evangelical cannot harm or ignore one for whom Jesus died. In fact, a true evangelical will look at all persons as invited into a faith relationship with our Lord.”  Mr. Sider is a modern prophet who serves as a model and spokesman for the holistic view of Christianity which states that both faith and action consistent with the words of the bible are necessary to experience what is called “the abundant life.”  I am grateful for Ron Sider’s words and deeds, which have had a profound impact on both the Christian community and on me personally. I aspire to believe and to act in a consistent way with the “way of Christ.” The book of James in the New Testament of the Christian Bible states that “…faith without works is dead.”  Our actions will show (or prove to others) the reality of our faith.  People act in accord with what they believe. I believe that we are called to live according to the Golden Rule.  Simply put, we are to first love God (recognizing that we are to submit to a “Greater Power”) and second, we are to take the initiative to act in a loving way toward other people (recognizing that serving others is more important than first serving ourselves). As the lead attorney for Law Elder Law, LLP, my goal is to lead in a manner that inspires respect from our team itself (both employees and consultants), our clients and their families, and our “adversaries” (the hard-working professionals of the Illinois Department of Healthcare and Family Services, Office of Inspector General, and Department of Human Services, commonly known as the “Medicaid Department”).  The bottom line for me is that I must lead and act authentically and consistently with the Golden Rule, to demonstrate both faith and action, and to: 1.    Love God; and 2.    Act in love to benefit others. It’s not really a “religious thing” after all. Our law practice is focused on the issues of life, death (whether quick or lingering), disability, health care, caregiver support, estate planning, veterans benefits for the over 65, Medicaid, and healthy spouse survival issues. My work as the lead attorney of Law Elder Law, LLP is a calling to practice law as “faith at work.”  This combination of faith and action improves lives on both sides of all of our relationships. Rick Note:  Team members are not required to share my Christian beliefs. However, each member of the team is expected to fulfill the Golden Rule by actions that honor both friend and adversary.
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