By Senior Advocate and Elder Law Attorney Rick Law of Law Elder Law – Elder Law and Estate Planning center in Aurora, IL. One of the first signs of dementia is also one of the most dangerous—a growing inability to understand and control financial matters. In the oldest American generation – currently consisting of those who saw World War II and the Korean War – most couples’ finances have been controlled by the husband; it is not unusual for the wife to have no idea of the family’s financial situation. That can be particularly problematic since men, on average, decline and die earlier than their wives. It is very important that the healthy spouse and their children be alert for signs of memory loss, which can lead to both financial vulnerability and folly. The sooner these signs are identified and reported to the family doctor and lawyer to be dealt with, the better off everyone will be. There is no legal standard for “vulnerability,” but vulnerable individuals are more likely to make poor financial decisions and are prime targets for scam artists and criminals. Many so-called charities send direct mailings to senior citizens that are actually solicitations for donations but to the untrained eye appear to be bills. Some of the less scrupulous charities are hoping that these solicitations will result in donations from recipients who are confused and think that they must owe this amount since they are receiving a “bill” from a charity. Other organizations prey on the fears of senior citizens and send out mailings promising a dire future or political upheaval without contributions from good people like the recipient. If your loved one has memory problems and you’re afraid of the consequences that may bring, give our office a call today at 800-310-3100 or 630-585-5200. 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

Who Can answer My Questions About Alzheimer’s?

By Rick Law on

November 29, 2014

- Alzheimer's and Dementia

By Rick Law of the Elder Law and Estate Plannning firm of Law Elder Law, LLP in west Suburban Chicagoland. I hear it all the time, and it breaks my heart… Clients come into my office with questions regarding their loved ones illness, and often times, they don’t know who to go to for the answers. Alzheimer’s is a particularly cruel disease, as an aging parent may lose the ability to care for themselves, or even recognize their life-long spouse. Thankfully, the staff at Law Elder Law in Aurora, IL is experienced at answering pressing questions related to Alzheimer’s disease, such as:

How do we get health care for the my recently diagnosed loved one?
What options are available for health care?
How are these options going to affect the patient and their family/spouse?
What is the long-term outlook for everyone?
How can we protect the family assets?

Most lawyers are not accustomed to dealing with a client with Alzheimer’s and probably are not prepared to answer these types of questions. Thankfully there is help available, so you’re not left alone when you a guiding hand the most. Law Elder Law is a team of legal professionals that will have the knowledge needed to answer these questions and guide you through the arduous journey of dealing with Alzheimer’s disease. Before the questions can be answered, we need to be able to identify the signs signifying the onset of Alzheimer’s or dementia. Unfortunately, the initial signs of Alzheimer’s or dementia are usually the most difficult to spot. It may be months or longer before family members realize that a loved one is forgetting a few too many things or is confused too frequently. Often, these first signs are dismissed as “natural aging.” However, neither Alzheimer’s nor dementia is a natural part of growing old. If your loved one has memory problems and you’re afraid of the consequences that may bring, give our office a call today at 800-310-3100 or 630-585-5200. 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.

Is Your Estate Plan a Life Plan or a Death Plan?

By Rick Law on

November 26, 2014

- Elder Law, estate planning, Financial Planning, Long Term Care, Medicaid

By Rick L. Law of the Estate Planning Center at Law Elder Law in suburban Aurora, IL Over the years, I have learned to distinguish between traditional estate planning (a Death Plan) versus longevity planning (a Life Plan). The traditional estate plan is triggered into action by someone’s death. An eldercare estate plan, while being fashioned in accordance with traditional estate plan concepts, is initially triggered into implementation by a long-term illness diagnosis. Obviously, anyone can die a sudden death anywhere along life’s trajectory, but if the person remains alive and well during the healthy vigorous senior stage, they may eventually become a declining senior with memory or mobility issues, which means they will have different health-care needs. They now have a long-term health-care condition, which causes them to start paying out-of-pocket for numerous health-care expenses. Almost all health-care insurance policies and Medicare are designed to pay for acute-care illness and injury (which means that you will get better and return home). These health-care policies and Medicare do not pay for long-term care expenses. In addition to longevity estate planning, Law Elderlaw serves people who need crisis planning, such as those who:

have been residing in a long-term-care facility, such as a nursing home or assisted/supported living facility;
have an immediate need to go to a long-term care facility or assisted/supported living facility;
have been living at home alone or with relatives and are paying for full-time care;
have been living at home or with a child and the child has been providing a majority of the care; or
wish to continue to live at home and need to access governmental benefits to pay for care.

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 or 630-585-5200. 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.

So what’s the next step?

By Rick Law on

November 22, 2014

- Elder Law, estate planning, Financial Planning, General Interest

By Rick Law. Estate Planning Attorney at Law Elder Law in Aurora, IL You may be asking yourself what to do in the case that your loved one does need a guardian.

First, when does a person need a guardianship?

The answer is…..only when they are not capable of making and communicating responsible decisions. This could be caused by mental deterioration, physical incapacity, mental illness, developmental disability, or because of gambling, idleness, debauchery, or excessive use of intoxicants or drugs, meaning that the person spends or wastes his estate as to expose himself or his family to want or suffering.

What is the process for obtaining a guardianship?

The process for obtaining a guardianship begins when someone – it can be anyone who has an interest in making sure that the alleged disabled person is protected – files a petition saying that they believe the person needs a guardian and ask for someone to be appointed. For example, if Jane thinks her husband Jack needs a guardian, Jane would petition for him to have a guardian. She would likely say that, as a spouse, Jane herself should be the guardian. In other cases, it might be an agency like Senior Services that petitions for someone to have a guardian. If one of their seniors needs a guardian, and they might recommend the person they think is best for the job. For example, they might be the caregiving granddaughter, or the Kane County Public Guardian. The first step is filing a petition with the court. The second thing that needs to be filed with that petition is a physician’s report. The physician’s report has to be created by a medical doctor. It should show the diagnosis, how that diagnosis impairs the alleged disabled person’s ability to make decisions for their estate or their health, and what’s a suitable living arrangement for them. Upon filing the petition, the court will appoint a “guardian ad litem”. The guardian ad litem doesn’t represent the family or the alleged disabled person – they are simply there to be the eyes and ears of the court. The guardian ad litem should go out and meet with the alleged disabled person, the family, the caregivers, and friends of the alleged disabled person. The guardian ad litem will make a recommendation to the court as to whether or not this person does need a guardian; and who that guardian should be. Finally, there’s a hearing in court. The disabled person then has a right to obtain counsel, demand a jury trial, and to be independently evaluated by a different doctor. Too many families needlessly lose everything they have. Don’t let that be you. If you need help building a fortress around your estate to protect it from creditors, predators, and the cost of chronic disease, give our office a call at 800-310-3100 or 630-585-5200. 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 for 3 years in a row 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.

“How Does a Guardianship Work?

By Rick Law on

November 20, 2014

- Elder Law, estate planning, Financial Planning

By Senior Advocate Rick Law of Law Elder Law, Estate Planning and Elder Law center in west suburban Aurora, IL In an ideal world, everyone would plan ahead. Unfortunately, many guardianships are caused by the failure to plan ahea d. A guardianship is one tool that is used to put someone in a decision-making role under the authority of a court. Guardianship is a legal relationship whereby a court gives a person (the guardian) the power to make personal decisions for another (the ward). The issue could be dementia, drug use, or a host of other reasons, but whatever the reason, it has caused an individual to lack the ability to make important decision for themselves Typically, a family member or friend initiates the proceedings by filing a petition in the circuit court in the county where the individual lives. A medical examination by a licensed physician is needed to establish the individual’s condition. The court then determines whether the individual is unable to meet the essential requirements for his or her health and safety. If so, the court appoints a guardian to make personal decisions for the individual. Unless limited by the court, the guardian has the same rights, powers and duties over his ward as parents have over their minor children. The guardian is required to report to the court annually. Amazingly, many guardianships could have been avoided by a document as simple as a valid Power of Attorney. It’s a legal document where one person authorizes another person (the agent) to act on his or her behalf, either for health care decisions or for financial decisions. When someone does not have power of attorney, or if the powers of attorney are not drafted properly and something happens that results in the inability to make decisions, a loved one may later face costly court proceedings and court-supervised guardianship. What’s more, a court proceeding is not only expensive, but the person appointed as the guardian may not be the person whom the loved one would have chosen. 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 or 630-585-5200. 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. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney for the past 3 years in a row 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.

Guardianship to the Rescue: When Everything Else Has Failed

By Rick Law on

November 15, 2014

- Senior Citizens, Special Needs Planning

By Rick Law. Estate Planning Attorney and Senior Advocate at the Estate Planning Center of Law Elder Law just outside Chicago, Illinois. There may come a time when your loved one can no longer properly handle their personal and/or financial affairs. Nonetheless, they can be extraordinarily angry and combative when honest, reliable, and loving family members try to intercede on their behalf. These seniors are vulnerable to not only financial abuse, but physical harm as well. Our attorneys work tirelessly alongside of family members, police departments, and the courts to find the least burdensome way to respect a senior’s dignity but still attain authority for an honest and reliable person to make the decisions that need to be made. If you find yourself looking on helplessly as someone you love is being destroyed by dementia, mental health problems, addictions, or other powerful demons, call our office today. We will help you find out what to do if your loved one is desperate need of rescue. Our guardianship legal team is headed by Attorney Diana Law. Diana has substantial experience with private guardianships. A private guardianship is when we are hired by a family member to represent them in establishing a guardianship to protect a loved one. In addition to private guardianships, Diana also serves as the Kane County Public Guardian. In her role as the Public Guardian, she is appointed by the courts to serve those who do not have anyone to act as their protector. To reach Diana and her guardianship legal team, call Law Elder Law at 800-810-3100 or 630-585-5200. 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.

Is It Time To Get Your Ducks In A Row?

By Rick Law on

November 13, 2014

- estate planning

By Rick Law of the Estate Planning and Elder Law Center at Law Elder Law in Aurora, IL Do you know the 7 Costly Mistakes Families Make In Their Estate Plans? CALL (630) 585-5200 NOW to Reserve a spot for one of our complimentary workshops! Attend one of our complimentary Free Wills and Trusts Workshops and immediately discover how you can avoid mistakes in these key areas: IRA Inheritance Protection: On June 12, 2014, the US Supreme Court declared what you must do to protect an inherited IRA. Learn how to safeguard your daughter or son from losing your IRA due to their creditors, their spouse’s creditors or divorce. Nursing Home Costs: Protect your home and your savings from $8,000-$10,000 per month in nursing home bills. Learn why traditional estate plans won’t help and the type of plan that will. Divorce: How to safeguard your children’s inheritance if they get divorced. Up to 50% of your assets could walk out the door with your ex in-law! Remarriage: What blended families (her kids, his kids, their kids) must do now to avoid disinheriting each other and/or their separate children. Money Worries: The Wall Street Journal reports that 86% of widows live in poverty. Learn what you can do now to protect your surviving spouse in the future. Family Worries: How to plan for special needs kids and grandkids, and how to bulletproof your children’s inheritances from debts, taxes, lawsuits, medical expenses, and irresponsible lifestyles. Probate: How to avoid potential delays of one year or more and how to eliminate or minimize substantial court, attorney and executor fees. Learn how to safeguard what you have today and what you leave to your kids and grandkids tomorrow from lawsuits, nursing homes, divorce, death taxes, debts, your not-quite-perfect daughter-in-law and that over-controlling son-in-law. Space is limited, so call (630) 874-0331 now to reserve your spot! Sincerely, Rick L. Law Rick was named the #1 Illinois elder law estate planning attorney for the past 3 years in a row 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.

And They Lived Happily Ever After!

By Rick Law on

November 11, 2014

- estate planning, Uncategorized

By Rick Law of Law Elder Law in Chicago, IL Keith and Diane came in for planning. They both had just turned 62 and they had been married to each other for 40 years. Diane stayed home until their two children were both in school. She took a part-time job so she could still be available to be the room mother, to be home when the children got home from school, and to attend all her sons’ after-school sporting events and other extracurricular activities. Keith had a good job at a local factory and had worked his way up from the tool room to management. Diane eventually went to work full-time when the boys were in junior high, so down the road there would be more money for things like college tuition and weddings. The children are grown and doing well. College tuition and weddings are behind them, and they even have a couple granddaughters. It was time for Keith and Diane to think about their retirement ride. They hoped to cruise through retirement and enjoy this time of their lives traveling, taking the grandchildren to Disney, and comfortably growing old together. They were smart enough to know that they needed help. They wanted to make sure that they had a plan in place that would provide for their future and leave an inheritance for their children and grandchildren. They came to us for guidance. We created estate plans for Keith and Diane, complete with powers of attorney for healthcare and property, pour-over wills, several trusts, probate avoidance, and real peace of mind. We have become their trusted roadside assistants for the retirement ride. 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 800-310-3100 or 630-585-5200. 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.

What Kind of Medical Expenses Help Determine VA Aid & Attendance Eligibility?

By Rick Law on

November 9, 2014

- Medicaid

By Senior Advocate Rick Law of the Estate Planning Center at Law Elder Law in West Suburban Aurora, Illinois. As we discussed before, someone may have told you, or the veteran you love, that you have too much income to qualify for the Aid and Attendance benefit. But did you know, some unreimbursed medical expenses may have an effect on your eligibility? These expenses can be deducted from your gross income to help determine VA benefit eligibility:

Medicare Premiums deducted from Social Security
Supplementary medical insurance (Part B) under Medicare
Abdominal supports
Acupuncture service
Ambulance hire
Anesthetist
Arch supports
Artificial limbs
Back supports
Braces
Cardiographs
Chiropodist
Chiropractor
Convalescent home (for medical treatment only)
Crutches
Dental services
Dentures
Dermatologist
Eyeglasses
Food or beverages prescribed by doctor for treatment of illness
Gynecologist
Hearing aids & batteries
Home health services
Hospital expenses
Insulin Treatment
Insurance premiums (medical)
Invalid chair
Lab tests
Lip reading lessons (in connection with disability)
Neurologist
Nursing services
Occupational therapist
Ophthalmologist
Optician
Optometrist
Oral surgery
Osteopath
Pediatrician
Physical examinations
Physician
Physical therapy
Podiatrist
Prescriptions and drugs
Psychiatrist
Psychoanalyst
Psychologist
Psychotherapy
Radium therapy
Sacroiliac belt
Seeing-eye dog
Speech therapist
Splints
Surgeon
Telephone/teletype for deaf
Transportation expenses (20 cents per mile)
Vaccines
Vitamins prescribed by doctor
Wheelchairs
Whirlpool baths for medical purposes
X-rays

Note: Most medical expenses must be prescribed by a physician to be deductible from gross income for VA benefit qualification purposes. If the aging veteran you love could use some extra money to help pay for the cost of in-home, nursing home, or assisted living 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. 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.

The VA Benefits Checklist

By Rick Law on

November 7, 2014

- Elder Law, VA Benefits, Veterans Benefits

By Estate Planning Attorney Rick Law of The Estate Planning Center at Law Elder Law in Aurora, IL, just off I-88 Want to apply for much needed Veterans benefits? Here are the items you’ll need if you are a veteran, veteran and spouse, or widow or widower of a veteran. Veteran only:

DD-214 or discharge papers
Annual Social Security Award letter received in January OR other documentation to verify your income
A printout from your pharmacy of three months of expenses
Copies of all your latest financial statements

Veteran and spouse: All of the above for you and your spouse, PLUS

Marriage certificate
Death certificate or divorce decree if either spouse was previously married

Widow or Widower of a veteran:

The veteran’s DD-214 or discharge papers
Annual Social Security Award letter received in January AND other documentation to verify your income
A printout from your pharmacy of three months of expenses
Marriage certificate
Veteran’s death certificate
Death certificate or divorce decree related to any previous marriages of either you or the veteran
Copies of all your latest financial statements

Additional forms that will need to be filled out and filed with the claim for benefits:

Statement of Attending Physician
VA Form 21-0779 – Nursing Home Information
Report OR Care Provider Report
Authorizations and Consent to Release Information to the VA for each physician of the veteran or spouse
Statement Regarding Claimant’s IRA
VA Form 8416 Medical Expense Report

If the veteran you love could use some extra money to help pay for the cost of in-home, nursing home, or assisted living care, give our office a call at 800-310-3100 or 630-585-5200. 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.

Dementia and the Vulnerable Senior

Who Can answer My Questions About Alzheimer’s?

Is Your Estate Plan a Life Plan or a Death Plan?

So what’s the next step?

“How Does a Guardianship Work?

Guardianship to the Rescue: When Everything Else Has Failed

Is It Time To Get Your Ducks In A Row?

And They Lived Happily Ever After!

What Kind of Medical Expenses Help Determine VA Aid & Attendance Eligibility?

The VA Benefits Checklist

Estate, Asset & Retirement Tax Attorneys

Upcoming Events

Contact Us