1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
By Rick Law of Law Elder Law in West Suburban Aurora, Illinois, just off the I-88 tollway. The elder law attorney provides legal advice and counsel to seniors so they can protect their home, their loved ones and their independence. Just as a tax attorney advises clients how to arrange their financial affairs to provide the best financial outcome under the law, we counsel our clients on how to arrange their affairs to provide the best financial benefits under the law, as it relates to long-term care. We work within the law to lessen the financial assault of long-term healthcare expenses. We wish to provide a means to help our clients to pay for quality healthcare and to avoid being in a situation where they have been reduced to having only $2,000 of assets and a personal needs allowance of only $30. Some of the options that exist under the law include: • Helping couples with long-term care issues to improve the quality of life for both the ill spouse and the well spouse • Helping couples with long-term care issues plan for improved survivor care financial benefits after the death of the ill spouse • Assisting the over-65 wartime veteran who may qualify for certain benefits to pay for in-home healthcare assistance and/or assisted living facility costs • Creating supplemental care trusts designed to pay expenses for frail seniors • Providing seniors with appropriate estate planning and trusts designed to fulfill the goal of leaving a legacy to the family • Assisting senior couples distressed by long-term care issues to improve the well spouse’s quality of life both now and after the death of the ill spouse Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 630-585-5200 or  800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. 
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By Rick Law, founder of the Law Elder Law Estate Planning Center in Aurora, Illinois. Medicare is the federal government’s taxpayer-funded acute care health provider for those over 65, blind or disabled. “Acute care” is necessary treatment for a limited period of time with the goal of returning you to a healthy and stable condition. American seniors are provided with acute care healthcare coverage by the combination of Medicare, their own optional Medicare supplemental insurance policy, and out-of- pocket payment of any deductible or healthcare expenses. Unfortunately for our seniors, the healthcare support network unravels with a diagnosis of Alzheimer’s, Parkinson’s, or other chronic diseases.  Medicare does not provide money for long-term care expenses, with some important exceptions such as kidney dialysis, ALS (Lou Gehrig’s Disease) and hospice. The Medicare payment trigger is the diagnosis of a disease from which you can recover or rehabilitate to a healthy and stable condition. Our senior citizens “win the Medicare diagnosis lottery” when they receive a diagnosis of heart disease, diabetes, or another acute care problem. But every day, seniors lose this “diagnosis lottery” when they receive the bad news that they suffer from Alzheimer’s or other dementias, arthritis, Parkinson’s, stroke or other chronic illnesses. Medicare pays based on a complicated coding system. If the disease does not have a Medicare payment code, the senior is out of luck. In other words, Medicare will pay zero dollars for an individual who has a diagnosis of Alzheimer’s or Parkinson’s. The Kaiser Family Foundation estimates that 28 million of the current 42 million Medicare beneficiaries have at least two or more chronic conditions. Since men decline at a younger age than women, too often the burden of  care rests upon the women of the family. Today’s senior woman faces a nightmare as she walks the elder care journey with a frail and declining husband. She learns that Medicare and health insurance do not provide any payment for healthcare costs at home. She finds herself as the primary full-time, in-home caregiver for her increasingly fragile spouse. When her husband must be relocated to a long-term care facility, she discovers that neither Medicare nor Medicare supplemental insurance will pay the facility’s $3,000 to $8,000 per month expense. Quickly, she learns that Medicaid may not be available to provide nursing home costs in a Medicaid-certified nursing home bed, because she has “too much money.” Her husband’s care will be offset by Medicaid only if she and her husband meet stringent income and asset limitations. This is because Medicaid was originally designed to provide healthcare only for the poor. There is no governmental benefit for long-term care that does not have a stringent income and asset limitation. If she and her husband have assets of more than roughly $101,000, then the state requires that they “spend down” their life savings, which Medicaid defines as “excess assets.” When all excess assets have been spent on her husband’s medical care, then Medicaid will also restrict her monthly income to $2,500 per month. If she has monthly income in excess of $2,500, then the excess must be paid towards her husband’s cost of care. When her husband dies, she will receive even more bad news. As the “survivor spouse” she loses one of their two Social Security checks, and she often loses his pension. She has spent most or all of their assets to provide for her husband’s care, so she may not be able to afford to continue to live in her home. Many women are forced to sell their homes and move in with family members. The nightmare of long-term care has impoverished these women and stolen their independence. She will not have the luxury of a spouse who will serve her as she served him. No one will be there to dutifully care for her at home and to delay the day that she must move to a long-term care facility. She will not have the financial resources that he had, because Medicaid called that “excess liquid assets” and she spent those assets on his care. As a single person, she will not be provided with assistance by the State of Illinois or the federal government until she has become impoverished to the point of a paltry $2,000 or less in total assets. The indignity committed against her does not stop there, for now she must sign over all her income to the nursing home, except for a miserly “personal needs allowance” of only $30 per month. The loving wife who faithfully cared for her husband is now out of money and out of options. $30 per month doesn’t even cover the privilege of having her hair done. She is living the nightmare of long-term care in America. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 630-585-5200 or 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Conveniently located off I-88 across from the Aurora Premium Outlet Mall.
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By Rick Law, Estate Planning Attorney for Seniors, Baby Boomers, and their families in West Suburban Chicagoland. Women face major challenges in living with independence and dignity as they age. On average, they have longer lives, higher rates of disability and chronic health problems, but lower incomes than men. Women will be the primary providers of long-term care for their husbands and their children. But when a woman needs long-term care, most likely her husband will have already passed away. Often adult children are not available to provide in-home care.  Lacking family help, most women face institutional placement in a nursing home, but millions of older women cannot afford long-term care services due to low income and lack of assets.  Impoverished, they must rely upon the federal/state program known as Medicaid for their nursing home funding. When we receive a call for assistance at our elder law office, most often the caller is a woman who is desperately seeking help with a spouse or a parent. Many times she is a daughter or daughter-in-law who has stepped up to care for her father, mother, or in-law. According to AARP, the typical caregiver in the United States is a 46-year old woman. She has some college education and works outside the home at least part-time, but she still spends more than 20 hours a week providing care for her mother, father or in-law. She is often under high levels of physical and emotional stress due to the rigors of providing care for an older adult as well as providing for herself and her own family. Many female caregivers make substantial sacrifices to accommodate the caregiving needs of aging seniors. These women must often cut short their professional work hours; they are often overlooked for promotions; they may lose employee benefits; they may need to take a leave of absence; some choose early retirement; and others are forced to end their careers entirely. Senior women are also disadvantaged in that they receive far less Social Security income than men. Our Social Security system rewards those who work the longest and are paid the most.  Women are penalized because they were often out of the workforce during the years that they raised their children. Additionally, their jobs often paid less than the average for a male.  A typical senior couple today often have quite different levels of earned Social Security. The average senior male who comes to our law firm receives a Social Security check of $1,100 to $1,300 per month. Our senior female client receives a check averaging $400 to $800 per month.  Yet even with a modest income, our senior client couples often live comfortably until they are beset by long-term care costs. If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 630-585-5200 or 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. 
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By Rick Law Women are at a greater risk of not having enough money after their husbands have died. A woman often cannot maintain the standard of living that she enjoyed with her spouse due to the loss of one Social Security check; the loss of some or all of her spouse’s pension income; and the loss of savings that were spent on the husband’s healthcare and final expenses. Women need to think about their future life after their spouses have died. They need to take action and talk with trustworthy advisors who can analyze what steps to take to protect themselves after their husbands are gone. We baby boomers saw our grandparents die of heart attacks, strokes, industrial accidents, agricultural accidents, and other “quick death” causes. Now we’re grandparents ourselves!  Medical advances have rescued us from many of the diseases and scourges of past ages. But now it is our time to go from healthy and vigorous to being a senior with memory and/or mobility issues. In a recent AARP Magazine article, it was reported that 70 percent of us will need long-term care! Ignore that statistic at your peril and the peril of your spouse. When we started doing elder law and retirement and estate protection in 2000, our clients were our parents’ generation. Now, our clients include Boomers with Parkinson’s Disease, early-onset Alzheimer’s and other serious illnesses.  To avoid the pothole of being unprepared for a long-term illness, please take action now! If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 630-585-5200 or 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Conveniently located off I-88 across from the Aurora Premium Outlet Mall.
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By Rick L Law, Senior Advocate and Estate Planner For Boomers and Seniors in Chicagoland. Many people do not understand the investments that they have chosen so it is not surprising that they do not have realistic expectations of the performance of their investments. One of my favorite books about retirement planning is, “High Expectations and False Dreams: One Hundred Years of Stock Market History Applied to Retirement Planning” by Jim C. Otar.   Mr. Otar notes that the average life cycle of an investor begins with accumulation of assets, followed by withdrawal. The last 100 years have given each generation an opportunity to experience a long mega-bull market and a long mega-bear market, each lasting between 16 and 20 years. We are currently in a mega-bear cycle, which can be predicted to extend to 2016 or even 2020, based on historical data. Retirees who begin withdrawals from their accumulated assets during a bear market are punished by both the depletion of their assets by withdrawal and by the decrease in the market value of their principal. To avoid going broke in retirement, income investments must be maximized and total annual withdrawals from both stock and bond portfolios cannot exceed a paltry 4 percent per year.  If withdrawal rates are held to 4 percent, then the accumulated principal stands a 90 percent chance of lasting through a 30-year retirement. Unfortunately, most people choose to withdraw assets during their retirement based on two false assumptions:
  • That future gains will make up for excessive withdrawals; and
  • That their life expectancy will be similar to lifespan of their parents
But medical advances have increased the life expectancy of U.S. citizens.   In 1950, the life expectancy of male children was 65 years, and a female child could expect to live to 71.  In 2011, 50 percent of men who turned 65 will live to the age of 81. Women turning 65 in 2011 will see 50 percent of their number reaching 84, and 25 percent reaching the age of 90. In other words, one out of every 10 women turning 65 these days will live to see 100! You must take life expectancy risk into consideration along with very prudent asset withdrawal rates, so that you do not find yourself out of money and out of options. If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 630-585-5200 or 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Conveniently located off I-88 across from the Aurora Premium Outlet Mall.
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We are proud to announce that Diana M. Law, Partner at Law Elder Law LLP, has been admitted to Practice before the United States Supreme Court. Pictured below is Diana meeting Justice Ginsburg: dml and ginsburg Anyone who knows Diana will be able to pick her out in the photo below.  Hint….She’s the only person wearing pink to the U.S. Supreme Court! dml supreme court Congratulations Diana!
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By Rick Law, Senior Estate Planner and Attorney in Suburban Chicago. He looked into his wife’s eyes and flatly stated, “I’ll put a gun to my head before I ever go to a nursing home…” Even if he really believes this, it is very seldom true. In truth, it is often his wife who bears the greater burden caused by his long-term care needs and her own aging challenges.  His wife – like millions of women – may spend years and all their money caring for her husband. His wife selflessly provides in-home care until eventually the day comes when her strength is not enough to pick him up or keep him from wandering away from home. On that day it might be a doctor, a discharge planner, or a policeman who finally looks into her eyes and speaks the real truth to her:  “I’m sorry, ma’am. You cannot take care of him at home anymore.” It is then that most women begin to experience phase two of the elder care nightmare. Most seniors do not realize that Medicare does not care about them when they need long-term care. Medicare was designed to take care of people who get well.  It doesn’t provide much care for people who have chronic, long-term illness.  The pain of long-term care is not shared equally between the spouses; the crushing impact falls most heavily upon women. It has long been said that “women are the weaker sex” – but in the game of survival, men are the weaker sex and women are “fit for longevity.” The insurance industry Life Expectancy Table reveals that a female born today will typically outlive a male by four to five years. But a Life Expectancy Table does not reveal the traumatic burdens that older women often carry when their husbands slowly decline and then die. At Law Elder Law, our attorneys provide advocacy for senior citizens and the family members who love them. Our clients are often aging men and women who have worked in our factories, fought our wars, paid our taxes, and raised their own children to become productive citizens. We see them when they come to our office beaten down by the physical decline of long-term illness.  They seek assistance with estate planning, disability benefits, Veterans benefits and Medicaid qualification. They are frugal people who were doing fine on their modest incomes until they were hit by the wrecking ball of long-term illness. They are the husband and wife who are living on two Social Security checks, a modest pension and minimal investments. They were able to pay their bills and enjoy simple luxuries until the out-of-pocket expenses of long-term care begin to drain what they worked a lifetime to save.  We are here to help. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Conveniently located off I-88 just west of the Aurora Premium Outlet Mall.  
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By Rick Law, Elder Law and Estate Planning Attorney in Western Chicagoland. There are distinct roles created by a trust document. The trustmaker is the person who creates the rulebook (trust) that controls the trust assets. The trustee is the person chosen to manage the assets of the trust for the benefit of the beneficiary according to the rules set by the trustmaker.  In the most typical living trust, those roles are often filled by the same person or people. Also typical of the typical living trust….creditors of the trustmaker can reach the assets of the trust. That’s because the trustmaker has total access to all the assets.  If the trustmaker can access the assets, so can his or her creditors.  Many people who having living trusts mistakenly believe that their trust creates a  fortress around their assets so that creditor and nursing home costs won’t affect the trust assets. Asset protection trusts are sophisticated trusts created by highly trained attorneys. Many of our clients have utilized customized asset protection trusts to avoid excessive impoverishment due to long-term care costs. Extensive knowledge is required to properly design and manage this type of trust planning. Our clients’ estate plans affect the most valuable assets that they own and their most important loved ones. They want someone to listen to their stories, fears and hopes. They want their law firm to make the complicated seem simple and understandable. They want their advisors to think ahead and take appropriate steps to avoid future potholes.  Our clients choose our law firm because they have been told that we are “the best” elder law attorneys. Almost all of our clients come to us by referral from other clients, other attorneys or other professionals. If you have an existing trust, give our office a call at 630-585-5200 or 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. 
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By Diana M. Law, Partner, Law Elder Law LLP These past few months, I’ve worked toward something I never dreamed I might want to do.  Inspired by a fundraiser to benefit the Zellmer Childhood Disease Foundation, I laced up my running shoes and ran a 10k.  Before this event, I couldn’t even run around the block – never mind 6.2 miles! My accountability partner and I agreed: even if we’re slow, even if we come in dead last, we want to say that we finished the race. As any lawyer knows, the first thing we needed to do was tackle our schedules.  We decided that between our clients, families, and life, the only time Inez and I could fit in training for our 10k was at the bleak, agonizing hour of 5 a.m. on Mondays, Wednesdays and Fridays. We had done our research and pulled together a Couch-Potato-to-5k program, and convinced our friend (who happens to be a running coach) to meet us and encourage us.  We met each morning of our training at a big, abandoned warehouse.  The perimeter of the building was .4 miles around—an eternally huge stretch when you’re not a runner. Initially, we ran just two minutes at a time, then walked for two minutes.  After a week, we could stretch that to three minutes running, two walking, and so on.  When we got to the point where we could run the whole way around the building, we were out-of-our-minds excited! After many more baby steps, the big day came! This race was particularly special: it’s the Zellmer Foundation’s annual “Hero Run.”  The idea is that you can dress up like a superhero to entertain the kids, all while raising money to help a really great charity (www.zcdf.org). When I asked my friends what they thought my super-power was, the answer I got was that I “sparkle” and “light up a room.”  That’s when I decided to dress head-to-toe in glitter for the run.  I even had a tiara and a wand that stayed in my hand the entire time!).vs1 In the end, all our hard work paid off.   I finished the race, and what’s more, I won Most Creative Costume!  We’re not marathoners, but to us, running a 10k was a huge accomplishment.  The strange thing is, I actually found that I now enjoy running.  I can take my shoes along on trips and find a place to run almost anywhere. The lesson that was reinforced for me is the you must have a step-by-step plan to overcome the obstacles that confront you.  Life is a little like an endurance race—you have to strap on your shoes every day and keep moving forward, one step at a time.  Planning is only the preparation.  It is worthless if you don’t get out the door and run. That’s why I’m lacing up my running shoes and taking the next step—and I hope you do, too. All the best, Diana M. law  
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By Elder Law Attorney and Senior Advocate Rick Law of Law Elder Law in Western Suburban Aurora, Illinois As we’ve discussed in prior posts, in order to “fund” a trust, all assets must be retitled as belonging to the trust. This can be a daunting task for any couple.  In the interest of efficiency, cost savings and simplicity, many couples have been advised to use one joint living trust for their assets rather than one trust for the husband and one trust for the wife. A joint trust follows the logic that most couples hold assets in joint tenancy, so a joint trust fits that pattern. Before 2000, I thought a joint trust was an efficient idea, too. But now that I have worked with hundreds of couples who come to our office due to long-term disabilities, I know that the joint trust can be an issue when one spouse becomes ill. A joint trust usually has language that requires all assets in the trust must be available to be used for the medical needs of the ill spouse.  What will happen if the now healthy spouse needs care later on? This language prevents the healthy spouse from using legitimate legal means to avoid excessive impoverishment caused by their spouse’s long-term illness. If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 630-585-5200 or 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Located just off 1-88 across from the Aurora Premium Outlet Mall.  Call 800-310-3100 for your free consultation now!
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