1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
 By Attorney Rick Law, managing partner at the Estate Planning Center of Law Elder Law in West Suburban Chicagoland. The Oaks, a United Methodist Continuous Care Retirement Community, is located in Orangeburg, near Charleston, South Carolina. What attracted us was the exciting work being done there to give people diagnosed with dementia the ability to live at home with dignity while providing peace of mind for family members and caregivers. The Oaks provides traditional senior services and care combined with a look to the future, recognizing that there is extraordinary pressure to move long-term care from the institutional facility back into the community. The visionary leader of the Oaks is the Rev. James McGee, CEO. When we met with him and Stacie Pierce, director of the technology/caregiving solution program called Live at Home Technologies, they had recently returned from meeting with IT wizards in Israel. The purpose of their trip was further their research, development, and implementation of innovative technologies that will provide remote in-home care for people affected by dementia. Some of the activities monitored include motion of an individual or lack of motion, bed and chair activities, medication access, patterns of movement through the home, daily body weight, daily blood pressure and blood glucose, time spent in the bathroom, the opening and closing of interior and exterior doors, and appliance usage. I asked Stacie to tell us about how technology is helping seniors live at home longer, and here’s what she said: “This is something I’m passionate about. I’m a caregiver first and foremost. We take care of people, and we use technology to enhance that care so that when they’re not safe anymore, they understand what their other choices are.  There are more than 70 million baby boomers about to hit the market. We need to have choices available. When you talk about Alzheimer’s, it’s an epidemic, and people are living longer and the disease is being diagnosed earlier. Technology gives people more living options. We help people live at home with the support of honest and reliable family members who live nearby. One family lives 90 minutes from our facility. The daughter-in-law and son-in-law live about 500 yards away from the two disabled family members. The father has Alzheimer’s and his daughter, who lives with him, is 62.  The daughter is developmentally delayed and has an IQ equivalent to a three- or four-year-old. The wife recently died of a massive heart attack, most likely due to caregiver fatigue.  She had been taking care of both her husband with Alzheimer’s and her disabled 62-year-old daughter. So now you have a family who is asking, what can we do? The man was born in this house and the daughter was raised there. They have been a part of each other’s lives for 62 years, and they have their patterns. If we separate them, she’ll go to an institution and he’ll go to assisted living or a nursing home, and they’ll both probably die much sooner. We examined their living patterns. We worked with the family to figure out what the rules will be.  He still likes to go out and get the mail. They live on a busy road, so we put a door sensor on the door. Then I started thinking – if he leaves the door open, how am I going to know if he came back in? So I put a floor mat down on the inside. So if he opens the door and there’s no pressure on the floor sensor within 20 minutes, then I know he didn’t come back in. We’ve had that system in place for three years now.  Anytime an alert is sent out, it goes to one of the other family members who live nearby. The daughter had a history of falling in the bathtub. So we established a rule that if there’s pressure on a mat in the bathroom for more than 30 minutes, then an alert is sent to one of the family members. We can set it up so that an alert goes to one of the family members, on their cell phone or their computer, and then they can connect to the house, turn on the camera inside, and actually view to see if someone is on the floor. We here at the Oaks do not have access to the cameras—only family members do. You can’t have technology without some sort of caregivers, as well. Nonetheless, the technology can make the caregiver’s life more livable. Otherwise there’s a much higher likelihood that the caregiver will die before the person being cared for. I met with a man yesterday who’s in his mid-80s and still an active businessman. His wife has Alzheimer’s and he needs help with care. He says, “I still enjoy my work. I have to go out of town to do business. I can’t take care of my wife 24/7.” He wants to have a solution so his wife can continue to live at home and to provide the family with some sanity at the same time. We can put in a system that will allow him to go out and play poker and still keep his wife safe by providing alerts to him or other caregivers. Most people don’t even know that these types of solutions are available. I have been certified as an assistive technology practitioner and an aging-in-place specialist. This type of training allows us to work with homebuilders and remodelers to design appropriate systems within residences.” 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. Call 800-310-3100 for your free consultation now!
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By Elder Law attorney Rick Law.  Estate Planning and Elder Law lawyer at the Estate Planning Center of Law Elder Law in suburban Aurora, Illinois.  Just West of Chicago off of the I-88 tollway Farnsworth exit Another tool often used is the third-party trust created for a public benefits recipient. This type of special-needs trust is more commonly used to protect a child with disabilities. The creation of that trust is not necessarily patterned upon either asset-protection-trust concepts or language applicable to the creation of a special-needs trust by a parent for a child with special needs. Neither of these two concepts will succeed in the creation of a special-needs trust between spouses. In the intra-spousal special-needs trust arena, there is a hidden adversary that can pierce the shield of the purported special-needs trust erroneously founded on the traditional concepts noted above. This hidden and powerful adversary is the state’s Medicaid department. The Medicaid department has the power to deem any assets funded into an unallowable special-needs trust “available” to be used for an individual’s care in the event that the individual applies for nursing home Medicaid benefits. Failure to consider the destructive power of this adversary can leave many practitioners subject to malpractice claims. It is almost impossible to successfully use an inter vivos trust to transfer assets to a special-needs trust for the benefit of a spouse and also protect those assets from being deemed available by a state’s Medicaid authorities. 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 Law attorney Rick Law, Senior Advocate and Managing Partner at the Estate Planning Center at Law Elder Law in Western Chicagoland. The reasoning behind a testamentary special-needs trust seems to be that it was apparent to the federal government that nobody is going to be transferring assets to a spouse to avoid Medicaid by choosing to die to get those assets transferred to the spouse.  Therefore, it is an allowable route to create a special-needs trust. Some of the spouse’s assets may be channeled into a special-needs trust for the benefit of the spouse and it will be an allowable transfer. One of the most difficult problems in dealing with a testamentary trust is that they do not begin to function until the death of the testator. There are many circumstances in which a special-needs trust may be needed prior to the death of the individual who may wish to fund a trust for a person with Alzheimer’s. Trusts written within a will are sometimes deemed to be “trapped inside the will.” This means that they are absolutely ineffective unless and until the grantor dies. The trust will be trapped inside the will when considering having a testamentary trust drafted. While these trusts can be a powerful tool, they are not the best tool for every situation. When considering a trust for your spouse, it is actually a requirement that a special-needs trust for a spouse be testamentary in order to protect the assets from Medicaid spend-down. In the case of anyone other than a spouse, there is no need for the trust to be testamentary. Any third party that is not legally responsible for the health care of an ill person may create a Medicaid no-payback special-needs trust for an ill person. They may use either an inter vivos trust or a testamentary trust to accomplish that goal. Another powerful tool is the third-party trust created for a public benefits recipient. Because this type of special-needs trust is more commonly used to protect a child with disabilities. In the end, when it comes to your estate plan, it is imperative that you don’t look at it as a cookie-cutter, fill out the standard form kind of deal.  Every family’s situation is unique and a qualified elder care attorney -as can be found in the team at Law Elder Law – is here to help you navigate these difficult legal challenges. 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 Planner Rick Law of the Estate Planning Center at Law Elder Law in Aurora, Illinois, in Western Chicagoland. One of the main goals in having a special-needs trust drawn up when dealing with Alzheimer’s is to make sure that your spouse is taken care of.  One way to protect the spouse is to draft a testamentary Special Needs Trust. A trust established by a will or a “testamentary trust” is established under the terms of a will and is only effective upon the individual’s death. A testamentary special-needs trust is created under a will and allows a community spouse (i.e., the non-institutionalized spouse) to leave assets for the benefit of the institutionalized spouse in order to cover supplemental needs not covered by Medicaid. Money stays in the trust until the institutionalized spouse needs such goods or services as differentials in the cost between private and shared rooms, dental procedures, hearing aids, dentures, special wheelchairs/mobility devices, and other quality-of-care needs not provided for by governmental benefits. The advantage of the testamentary special-needs trust is that while there may be substantial assets in trust for the institutionalized spouse, currently these assets may not be counted against the spouse for Medicaid eligibility purposes. Therefore, Medicaid coverage continues and there is a source of money available for additional or supplemental needs. If a trust is properly drafted and the proper strategy is used, and if a community spouse leaves the assets to the institutionalized spouse through a testamentary means, then potentially unlimited amounts of assets could be left for the beneficiary. This is because the person who is institutionalized is not treated as having those assets available to pay for care; the reason for that is because a properly drafted special-needs trust that is also properly funded in allowable manners has funds in it that are not treated as having come from the individuals themselves. Therefore, the amount of money in the trust is irrelevant because it didn’t come from someone who has a duty of 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.  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.   Call 800-310-3100 for your free consultation now!
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By Estate Planning Attorney Rick Law.  Law Elder Law is based in Aurora, IL and provides Elder Law and Estate Planning services to seniors and their families in the surrounding communities. In 2012, Illinois passed a Medicaid reform law that eliminated the use of a pooled trust for individuals 65 or older. The d4C, which is a self-settled pooled trust, had been the number one planning tool used by Illinois elder-law practitioners to provide the preservation-of-dignity resources for their clients while qualifying for nursing home Medicaid benefits. One of the most common uses was the circumstance in which aged individuals had been living in their home and had depleted all of their liquid assets on their living expenses and care. Upon selling their home, they needed to be relocated to a skilled-care nursing facility. Proceeds from the sale of the home would be transferred to a charitable organization that administers a pooled trust, and institutionalized individuals’ assets would be reduced to no more than $2,000. The nursing home would be paid by Medicaid, and individuals would have supplemental-care needs funded from their own funds held in the charitable pooled trust. At the end of their lives, any funds remaining in the pooled trust were subject to distribution to the charitable entity and reimbursement to the state for Medicaid expenses incurred. Although the statutory underpinnings for the d4C trust are expressed in federal law, the pooled trust is under attack in numerous states. Unfortunately, at least to this date, there are no current legal challenges pending in Illinois against the most recent state ban against the pooled trust. The loss of the availability of a pooled trust has already begun to force thousands of Illinois citizens to face their final months or years limited to a meager $1 a day personal-needs allowance and an ever-decreasing level of care as provided by nursing home Medicaid. 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.    Call 800-310-3100 for your free consultation now!
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