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By  Rick Law, Lead Attorney at the Estate Planning Center of Law Elder Law, LLP; Senior Advocates in West Suburban Chicagoland. Advanced planning is always the preferred course of action.  As we say in the elder law world — don’t wait till you’re out of money and out of options. When it comes to an Alzheimer’s diagnosis, one of the most valuable documents to have is a living will. This document sets forth the Alzheimer’s patient’s choices for future medical decisions, such as the use of artificial life support, and is used to instruct medical personnel of the patient’s wishes. A living will only takes effect when two doctors certify in writing that the person is irreversibly ill or critically injured and near death. It is important to be aware of the defined terms and to advise clients of their meanings in filling out a living will. For example, many people may not be aware that when they say they want “sustenance” they are actually demanding to have a feeding tube and hydration. It is extremely important to understand that if you do not want a feeding tube, you need to put that in your advance directive in writing.  Not only will that help ensure your wishes are met, but it will also remove the guilt from the family by taking the decision-making process out of their hands. Case-in-point: The Terri Schiavo Case… One of the more prominent cases in recent memory dealing with advance directives is the Terri Schiavo case.  In this instance, Terri Schiavo had no advance directives of any kind. Her parents and her estranged husband were in disagreement about whether to keep her on life support, and a long and contentious legal battle ensued. If she had had a living will in place, it would have served as a written expression of her intent and could have put an end to the controversy. Certainly, the expression of intent regarding removal of life support in writing is a circumstance that will put a family’s mind at ease. 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. 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 Estate Planning and Elder Law attorney Rick Law.  Senior Advocate at the Estate Planning Center at Law Elder Law in Aurora, Illinois. “So what’s wrong with a ‘Do-it-yourself’ plan?”…. In this Internet age when seemingly everything is available online, many people may be tempted to download their own living will or health-care power of attorney instead of consulting a lawyer. The forms seem to be self-explanatory, but are actually more complex than they look. The DIY route could cost you big-time… For example: an elder law attorney had a client who had actually initialed all three choices in regard to end-of-life decisions rather than simply choosing one. Another client brought in a form on which the person named as the principal had not signed the form. Rather, the daughter (the client’s agent) had signed it where the principal was supposed to sign. We have even seen people bring in forms that are not witnessed or are witnessed by interested parties (very interested, in some instances). If you can imagine an error that could be made on these forms, there is an individual who could make that error – if not helped by a capable lawyer that is. Needless to say, in the arena of advance directives, the do-it-yourself approach can be a waste of time, or worse yet – lead to disastrous results. 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. 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 Elder Law estate Planning Attorney Rick Law of Law Elder Law in Aurora, IL. Providing legal services to the residents of Kane County – Estate Planning, Elder Law, Probate, Guardianship, Wills and Trusts, and much more! People with the early or mild stage of Alzheimer’s may retain their mental faculties for months or even years. At this stage they may only experience short episodes of impaired mental function and can still receive, understand, and evaluate information. Unfortunately, Alzheimer’s does progress. As the disease advances, episodes of dementia may become more frequent and may last longer. Eventually, the disease will reach the point where the individual may no longer meet a state’s legal test for “capacity” and will no longer be able to execute a valid and enforceable legal document. The requirements vary from state to state, but “capacity” generally is defined as the mental ability to perceive and appreciate relevant facts and make rational decisions. In the case of Alzheimer’s disease, it is very important to begin planning as early as possible so that the person with dementia can participate as much as possible. Advance planning also avoids the issue of family members having to make important decisions during a crisis on behalf of the individual suffering from Alzheimer’s. Failure to act quickly at the time of diagnosis may cause the patient to run the risk of not being deemed “competent” and a court may have to step in and appoint a guardian. The good news is, a qualified Elder Law attorney may be able to help with:
  • identifying and completing legal documents such as wills, trusts, and deeds;
  • interpreting state laws;
  • making plans for medical and treatment decisions;
  • making plans for finance and property; and
  • helping to name another person to make decisions on his or her behalf when the patient no longer is able to do so.
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.  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.   Call 800-310-3100 for your free consultation now!
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By Elder Care Attorney Rick Law.  Founder of the Estate Planning Center at Law Elder Law in Western Chicagoland, Illinois. A 2008 study reviewed life-sustaining-treatment decisions that occurred between hospital medical staff and their patients and/or their health-care agents under advance directives. The conclusion of the study is frightening. “Despite patients’ wishes, the indiscriminate use of technology and the lack of communication between patients and health care providers have been shown to result in unnecessary pain and suffering for patients.” (FM Pieracci, Prospective Analysis of Life-Sustaining Therapy Discussions in the Surgical Intensive Care Unit: A Housestaff Perspective (2008).) Additionally, according to the study, the medical costs of prolonging a dying patient’s life via artificial ventilation and intensive care often range between $11,000 and $36,000. Fortunately, there are ways to prevent “wrongful resuscitation” from happening. An experienced Elder Law attorney may be able to help you with the following:
  • Create a written advance directive such as a health-care power of attorney, living will, and/or a DNR in appropriate circumstances;
  • Insist that the advance directives are placed in your medical records and that the physician is well aware of the existence of such documents;
  • Advise you through “the talk” with family and the doctor to make sure that everyone is very aware of the your feelings regarding life-sustaining treatment in the event there is no hope of recovery; and
  • Choosing an “advocate” as the health-care power of attorney and/or surrogate decision maker.
An advocate is someone who can look a medical professional in the eye and insist that certain wishes be carried out. This is someone who can insist that the client’s desire regarding life-prolonging treatment be respected by the medical profession. The Centers for Medicare and Medicaid Services (CMS) has emphasized that patients have the right to make decisions regarding their long-term health care and that those decisions should be respected by physicians and hospitals. When it comes to Alzheimer’s it is even more important to have “the talk” sooner rather than later. Alzheimer’s is a terminal disease, and it is in everyone’s best interest to find out how the person suffering from the disease feels about life-prolonging treatment. 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. 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.   Call 800-310-3100 for your free consultation now!
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By Elder Law Attorney Rick Law. Senior Advocate at the Estate Planning Center of Law Elder Law. If an individual has not created a power of attorney and their Alzheimer’s disease has progressed to the point where they’re no longer competent to make health or financial decisions, the family may find themselves in court facing a lengthy, expensive, and often embarrassing court hearing to determine competency. Worse yet, if the patient is found to be incompetent, a guardian will be appointed to tend to the client’s personal and health-care needs. While most states’ laws encourage the courts to appoint family members as guardians, court involvement can be expensive and may impose cumbersome supervision on the patient, the conservator, and guardian. In some cases where the incapacitated patient is in the hospital and does not have a living will or a power of attorney, the attending physician may appoint a surrogate decision maker who would then be authorized to make health-care decisions for the patient. These decisions include whether to forgo life-sustaining treatment. The order of priority for being appointed a surrogate decision maker varies from state to state, but is generally similar to the example below from Illinois: (1) the patient’s guardian of the person; (2) the patient’s spouse; (3) any adult son or daughter of the patient; (4) either parent of the patient; (5) any adult brother or sister of the patient; (6) any adult grandchild of the patient; (7) a close friend of the patient; (8) the patient’s guardian of the estate. Many older adults have stories of doctors and/ or hospital staff that have ignored the refusal of life-prolonging care wishes of a now-deceased loved one. These are instances where they had insisted that their loved one did not want life-prolonging treatment, but nonetheless a doctor ordered feeding tubes, ventilators, and other life-prolonging measures. Recent studies confirm this lack of regard for patients’ preferences in life-sustaining treatment decisions by doctors and hospital staff. 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. 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.   Call 800-310-3100 for your free consultation now!
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By Senior Advocate Rick Law of the Estate Planning Center at Law Elder Law in Aurora, IL just outside of Chicago. Advance directives are documents such as the power of attorney for health care, power of attorney for property, and the do not resuscitate order (DNR). People primarily sign these forms because they want to avoid unwanted resuscitation and other “heroic measures”when there is no hope of recovery and returning to an enjoyable life. These are very important documents when dealing with Alzheimer’s disease because they are documents that allow people to communicate health-care preferences ahead of time so that when they lose the capacity to make or communicate their own decisions, their wishes can still be communicated. It is important to remember that an advance directive must be signed while a person still has the mental capacity to sign legal documents. Simply filling out an advance directive is not enough, though.  There is a fine line between a powerful health-care power of attorney and a powerless health-care power of attorney. For example, even if you have a standard health-care power of attorney or a living will and get to the point where you cannot swallow, the medical professional will tell your family that your condition is not terminal, but “he is going to die if you don’t feed him.” This puts a tremendous amount of guilt on your family if they don’t know what your wishes were, and they will probably say, “Well, I guess we should put in the feeding tube.” Now, if you don’t have a qualifying condition in your advance directive, even if you have a normal power of attorney or living will, no one is going to take action to stop the doctors from putting in a feeding tube. Even if you never wanted to have a feeding tube in that situation, you may end up with one if your advance directive documents aren’t powerful. 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. 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.  Call 800-310-3100 for your free consultation now!
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By Estate Planning attorney Rick Law of Law Elder Law in Aurora, IL, just off the Farnsworth exit of the I-88 tollway. At Law Elder Law,  we pride ourselves on not confusing clients with legal jargon.  Planning for your retirement is a stressful enough situation without having to wade through a sea of confusing lawyer-speak. As an elder care lawyer I have learned through presenting health-care power of attorney language to several thousand people that when I use the word “incapacity,” they often don’t know what I’m talking about. What most people think incapacity means typically is not what the lawyer is talking about. When I ask a client, “What do you think incapacitated means?” my client often gets a fuzzy look on his or her face, and more or less describes being unconscious. When a lawyer uses the word “incapacity”, they typically mean person who cannot appreciate and understand the consequences of a decision or an act, and/or is unable to properly respond to making health-care and/or financial decisions. Take the time to have your attorney fully explain that, legally, the idea of mental incapacity means being unable to properly control assets and/or health-care decision making, and that the situation can come up through an accident, an illness, or a long-term degenerative disease, such as any of the many types of dementia, which includes, of course, Alzheimer’s disease. It’s easy to convince yourself that the possibility of being incapacitated is rare, but the incidents of incapacity are much higher than most people imagine. 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. 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.  Call 800-310-3100 for your free consultation now!
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By Rick Law, Elder Law and Estate Planning Attorney At Law Elder Law, LLP.  Senior Advocates providing Estate Plans, Wills and trusts, probate, guardianship, and much more in the Western Chicago suburb of Aurora, IL. An Elder Law attorney is a lawyer who facilitates discussions about life, death, and disability. This is not an easy task, because nobody really wants to talk about his or her own death. People know that they are going to die….someday. But in their heart of hearts, most people have a hard time understanding that they are actually going to die. How else can we explain the fact that 85 percent of the adult population does not have a simple will, power of attorney, or health-care directive? Even more importantly, most people do not plan for their incapacity because they do not believe that they will reach a point where they will not have the mental ability to be in control of their own finances or of their own decision making about their health care. Most couples can expect that their health will track alongside of each other pretty much the same way from the ages of 20 to 60. They can expect to be primarily healthy and only experience acute care problems. However, during the period from 60 to 80 years old, there is a good chance that one of the two is going to become incapacitated and one spouse is going to end up taking care of the other. Spousal co-dependence can take a huge toll on the couple’s relationship and that of the family.  As we all know, it’s impossible to plan for every contingency.  Thankfully a comprehensive estate plan drafted by a qualified and experienced Elder Law attorney, can go a long way towards providing a semblance of security and certainty.  In a world where the unknowns of our health and wellness can weigh on us heavily, a well crafted financial plan can help to ease your mind. 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. 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.  Call 800-310-3100 for your free consultation now!
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By Rick Law, Elder Law and Estate Planning Attorney at the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  Just off the I-88 Tollway. There are several important questions that every person should ask their healthcare provider when a loved one has been diagnosed with dementia. Some of these questions include:
  • What is the current stage of the illness?
  • What needs will we be expected to met?
  • How well can they care for themselves?
In addition, a qualified elder care attorney may be able to help with the following important questions:
  • To what extent can they understand their affairs, financial and otherwise?
  • Will they qualify for any federal or state benefits? If so, which ones?
  • Who, if anyone, is available and able to act as the primary caregiver?
There are two accepted levels of mental capacity. Generally, the person must be of “sound mind and memory” – known as testamentary capacity –  for the execution of a valid will and/or testamentary trust. To be of sound mind and memory, people must:
  • know they are making a will;
  • know and remember the natural objects of their bounty;
  • comprehend the character and extent of their property; and
  • make the disposition of their property according to a plan formed in their mind
The other level of capacity is termed “contractual capacity” and is required for the execution of binding agreements such as trusts, deeds, and non-durable powers of attorney. Contractual capacity is defined as the ability to comprehend and understand the terms and effect of the contract. Successor agents – those who would take over power of attorney duties from the original agent –  may come into play and even hold a person’s life in their hands if the best agent is “unavailable.” Even if an individual is a third or a fourth successor agent, if the higher-priority agents are unavailable, then whichever agent is available will make the final decision. An agent is considered “unavailable” if “the person’s existence is not known; the person has not been able to be contacted by telephone or mail.” Always make sure to provide the full contact information of agents into the power of attorney. This simple act makes it easier for health-care providers to communicate with the highest-priority agent during a time of crisis. 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. 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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