By Elder Law and Estate Planning Attorney Rick Law. Rick Law and his daughter Attorney Diana Law are part of the multi-generational firm of the Estate Planning Center at Law Elder Law in Aurora, IL. Let’s face it. Alzheimer’s Disease is a progressive degenerative and irreversible disease that robs your loved one’s memory, dignity and quality of life. But what most people forget is the equally heavy (and often more devastating) toll it takes on the lives of the Alzheimer’s family members and caregivers. Alzheimer’s Disease is not only the *third most expensive disease* — costing our health care system $148 billion annually – but it is also the disease that could bankrupt a family that’s providing care for a loved one with the disease. The average lifetime cost of care for an Alzheimer’s patient is $174,000. If you don’t take the necessary steps to protect yourself from such an exorbitant expense, you may end up wiping out your family’s life savings, retirement plan or inheritance. Or worse, you could end up in deep debt or even bankruptcy. Don’t let this happen to you. The first thing you must do is put 2 legal documents in place immediately the moment Alzheimer’s Disease is diagnosed – or even suspected. Those documents must contain 3 essential items that will help eliminate your risk of losing everything you own, including your home. Ever since the Deficit Reduction Act was signed into law on February 8, 2006, Medicaid has become a minefield that few people can understand — let alone navigate. The Indispensable Alzheimer’s Resource Kit (https://lawelderlaw.com/the-indispensable-alzheimers-resource-kit/) will demystify the law for you even if you don’t understand legalese — and reveal financial planning strategies, including Medicaid, which can potentially save you $30,000 to $50,000 a year. Obtaining this information alone is worth 100 times your investment in the Resource Kit because it will enable you to protect and save your family a substantial amount of money. But the Indispensable Alzheimer’s Resource Kit contains so much more than just legal tips. This all-in-one resource gives trustworthy advice on how to handle the physical, emotional, psychological, financial and legal aspects of caring for an Alzheimer’s patient with the greatest of ease. This is the one resource an Alzheimer’s caregiver can’t be without. That’s why Dave Woynarowski, M.D., Board Certified Internist, Anti-Aging, Longevity and Life Enhancement Specialist, had this to say: “After a thorough review of the material in The Indispensable Alzheimer’s Resource Kit, I was absolutely stunned. Finally here was the missing piece of the puzzle for Alzheimer’s caregivers. If I had been able to provide this invaluable information to my patients and their families before, I can’t tell you how many headaches and heartaches I could have saved them.” To get instant access, simply click on the Indispensable Alzheimer’s Resource Kit tab under Free Resources on the Law Elder Law website. 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!

Termination/Removal of the Guardian

By Rick Law on

February 24, 2016

- Adult Illness, Elder Law

By Elder Law Attorney Rick Law. Rick is the founder and managing partner at the Estate Planning Center at Law Elder Law in Aurora, Illinois. The team at Law Elder Law are senior advocates, planners, and attorneys serving Kane, Kendall, DuPage, Will and Cook counties in Western Chicagoland. Getting a guardian removed for improper conduct is not an easy thing to do unless it’s clearly a case of theft. It can happen when the lawyer finds out that the person who is the guardian is inappropriate or making bad decisions, but the task of building evidence can be difficult. The court may determine that it is in the best interest of the ward to terminate or limit the authority of a standby or short-term guardian. This is done through a petition by any interested person (including the standby or short-term guardian) with notice to all interested people. The petition for termination or limitation of the authority of a standby or short-term guardian may, but need not, be combined with a petition to have another guardian appointed for the person. A temporary guardianship expires within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. Extensions are normally not granted. In the case where the respondent has been declared disabled, an extension may be granted;

pending the disposition on appeal of an adjudication of disability;
pending the completion of a citation proceeding
pending the appointment of a successor guardian in a case where the former guardian has resigned, has become incapacitated, or is deceased; or
where the guardian’s powers have been suspended pursuant to a court order. The ward has the right to petition the court to revoke the appointment of the temporary guardian anytime after the appointment is made.

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. 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!

Who Should be the Guardian?

By Rick Law on

February 20, 2016

- Adult Illness, Elder Law

By Elder Law Attorney and Senior Advocate Rick L. Law. Managing Partner of the Estate Planning Center at Law Elder Law. Kane County Illinois’ elder law, estate planning, guardianship, probate, wills and trusts attorneys in Aurora. The probate court, upon petition of a guardian for an adult with disabilities, and after notice to all other people interested as the court directs, may authorize the guardian to exercise any or all powers over the estate and business affairs of the ward that the ward would be able to exercise if present and able. The court has the power to authorize actions or the application of funds to meet the ward’s wishes so far as they can be ascertained. The court must consider the permanence of the ward’s disabling condition and the natural objects of the ward’s bounty in making these decisions. In ascertaining and carrying out the ward’s wishes, the court may consider minimization of State or federal income, estate, or inheritance taxes; and providing gifts to charities, relatives, and friends that would be likely recipients of donations from the ward. The ward’s wishes must be carried out as best they can be ascertained, whether or not tax savings are involved. So, who should be the guardian? It is crucial to examine the potential guardian’s abilities and skill set when choosing a person to serve as guardian. The correct choice may be a spouse, adult child, or friend. However, if there is no one in the person’s life with the correct abilities and skill set, lawyers need to consider other options. Two such options: Some states and/or counties have officials who serve as the public guardian. And there are private professional guardians certified by the National Guardianship Association, Inc. (www.guardianship.org). Family members and friends will often disagree about who should act as the person’s guardian, and lawyers may have to actually prove in court who is the right guardian. The task at trial simply may be presenting evidence to distinguish between the proposed guardians and convincing the trier of fact of one’s superiority to meet the respondent’s needs, whether personal, fiscal, or both. The parties may attempt to settle matters by agreeing to the appointment of financial institutions, geriatric care managers, county public guardians, or an other neutral party as guardian when family members and friends are contesting the choice of guardian. 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. 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!

Guardianship Medical Report Review

By Rick Law on

February 16, 2016

- Adult Illness, Alzheimer's and Dementia, Elder Law

By Elder Law Attorney Rick Law. Estate Planning and Elder Law attorney at the Estate Planning Center of Law Elder Law in West suburban Aurora, IL. The Guardianship medical report of the alleged disabled person must be prepared by a physician within the state-mandated time period after the date of the filing of a guardianship petition. It might seem obvious, but medical reports need to be legible. Often, the judge will say, “What does this say?” and the lawyer might have to reply, “I have no idea.” Some lawyers will actually prepare a transcript and type out what the physician’s report says because doctors sometimes have terrible handwriting. The Illinois requirements provide a general idea of how the process works. Although most states have similar requirements, there are bound to be some differences, so make sure your elder law practitioner is familiar with the requirements of their state. If directed by the court, the guardian of the person must file with the court at intervals indicated by the court, a report that must state briefly;

the current mental, physical, and social condition of the ward and the ward’s minor and adult dependent children;
the present living arrangement, and a description and the address of every residence where the guardian lived during the reporting period and the length of stay at each place;
a summary of the medical, educational, vocational, and other professional services given to the guardian;
a résumé of the guardian’s visits with and activities on behalf of the ward and the ward’s minor and adult dependent children;
a recommendation as to the need for continued guardianship;
any other information requested by the court or useful in the opinion of the guardian.

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!

Do I Need to Have a Physician Weigh In?

By Rick Law on

February 12, 2016

- Adult Illness, Alzheimer's and Dementia, Elder Law

By elder law and estate planning attorney Rick Law. Founder and Managing Partner of the Estate Planning Center at Law Elder Law. West suburban Chicagoland’s senior advocates and legal counsel for families with loved ones who are afraid of losing everything due to the high cost of long term care. When establishing a case for guardianship, the physician should provide testimony as to the exact diagnosis of the alleged disabled person, including the effect that such a diagnosis has on the respondent’s cognitive functioning. At trial, if you are the one petitioning to be elected guardian, your counsel should elicit testimony from the physician as to the respondent’s prognosis or the permanency that the diagnosis has on the respondent’s cognitive functioning. This can be very important in early stages of Alzheimer’s disease when the disease may not be so easy to spot to the layperson. You should have your attorney speak to the physician regarding this issue prior to trial and should already know the answer that the physician will provide. If the physician concludes that the respondent is only partially incapable of making personal and financial decisions, the physician also must provide testimony as to which types of decisions the respondent can or cannot make. Lay witness testimony can substantiate the physician’s opinion. Before stating an opinion as to the respondent’s level of incompetency at trial, physicians should clearly establish and testify;

as to the date(s) they evaluated the respondent,
the length of time spent during the evaluation(s),
whether they reviewed any medical records prior to the evaluation(s),
whether they relied on the opinions of other medical professionals before formulating their opinion, and the types of questions that were asked of the respondent at the evaluation.

The proposed guardian should also testify as to the proposed care plan for the person with alleged disabilities, the appropriateness of which can then be supported by additional expert testimony of a social worker, care manager, or physician. If your loved one is in danger of being physically or mentally incapacitated, 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!

What to Expect at a Guardianship Hearing

By Rick Law on

February 8, 2016

- Adult Illness, Alzheimer's and Dementia, Elder Law

By Rick Law, Managing Partner at the Estate Planning Center at Law Elder Law in Aurora, Illinois. Right off of the Farnsworth Exit of the I-88 Tollway in Western Chicagoland. In the Illinois guardianship hearing:

the person with alleged disabilities has the right to be present;
the person with alleged disabilities must be given at least 14 days advance notice of the hearing;
the rules of civil procedure apply;
witnesses generally include doctors, social workers, caregivers, and family members;
courts accord equal weight to medical and lay testimony;
the guardian ad litem will frequently be appointed to serve as defense council;
the person with alleged disabilities must be adjudged disabled by clear and convincing evidence before a guardian will be appointed;
if there is an existing power of attorney for the ward, it can be used as a defense against the appointment of a guardian;
upon the death of the respondent, pending litigation regarding the appointment of a guardian terminates.

The respondent is entitled to be represented by counsel, to demand a jury of six people, to present evidence, and to confront and cross-examine all witnesses. The hearing may be closed to the public on request of the respondent, the guardian ad litem, or appointed or other counsel for the respondent. Unless excused by the court upon a showing that the respondent refuses to be present or will suffer harm if required to attend, the respondent will be present at the hearing. In deciding whether to include a request for the appointment of a guardian of the estate or merely a request for the appointment of a guardian of the person, it is important to note that the court probably will allow a petitioner to drop a request for appointment of a guardian of the estate at the hearing date, but may not later allow the petitioner to simply amend the petition to include such a request due to a lack of jurisdiction as a result of improper notice to both the respondent and those people entitled to receive notice under 755 Illinois Compiled Statutes act 5, section 11a-8. Upon oral or written motion by the respondent or the guardian ad litem or on the court’s own motion, the court must appoint one or more independent experts to examine the respondent. At the hearing the court must inquire regarding;

the nature and extent of respondent’s general intellectual and physical functioning;
the extent of the impairment of the respondent’s adaptive behavior if he or she is a person with a developmental disability, or the nature and severity of the mental illness if he or she is a person with mental illness;
the understanding and capacity of the respondent to make and communicate responsible decisions concerning the respondent’s person;
the capacity of the respondent to manage his or her estate and financial affairs;
the appropriateness of proposed and alternate living arrangements;
the impact of the disability upon the respondent’s functioning in the basic activities of daily living and the important decisions faced by the respondent or normally faced by adult members of the respondent’s community; and
any other area of inquiry deemed appropriate by the court.

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!

Separating the Legal from the Emotional Issues

By Rick Law on

February 4, 2016

- Adult Illness, Alzheimer's and Dementia, Caregivers, Elder Law

By Elder Law and Estate Planning attorney Rick Law. Founder of the Estate Planning Center at Law Elder Law in West suburban Aurora, IL. The dynamic issues that often arise in contested guardianship cases are factually and legally complex and often bring forward sensitive and personal issues. It is your lawyer’s responsibility to separate the legal issues from the often complex emotional matters while zealously advocating for you, the client – all the while maintaining the integrity of the person with alleged disabilities and the parties involved. The guardian should always seek court authority to commence, prosecute, or defend any suit on behalf of the ward. After appointment, all suits and proceedings on behalf of the ward should be brought by the guardian in the capacity as guardian, rather than in the name of the person with disabilities. The guardian of the estate may settle any lawsuit involving the ward, but the probate court must first approve settlement as in the best interests of the ward. A care manager was notified of an elderly woman who was living alone. She was suffering from a lot of physical deficits and allegedly had two bad sons. A capable lawyer presented the case as an emergency because one of the sons was a convicted felon who was getting out of jail in three days and was going to move back in with his mother. In the past, the son prevented her from getting any care because he would threaten caregivers with knives and various other forms of violence. The woman had slight Alzheimer’s and a fierce loyalty to her son and insisted that her son was fine and wasn’t causing problems. However, the caregivers would all leave, which then put her in a dire situation. So the lawyer’s job was to go into court, get a temporary guardianship in place, and protect the woman by stopping the convicted felon son from moving back into her house. The experienced guardianship lawyer on the case was able to present the urgency of moving forward and getting orders of protection through the guardianship court to protect this woman from the convicted felon. Checking past police reports, the lawyer found reports of 46 police visits to the home for violent episodes. These reports included domestic violence, violence against the neighbors, brandishing a butcher knife, and chasing caregivers around the apartment. The woman had forgotten about these incidents due to her Alzheimer’s. The lawyer was able to get an emergency guardianship in place within 24 hours. Professional caregivers were appointed to manage the care environment and care providers. With the ex-con son out of the picture, the care managers discovered that the other son wasn’t really a bad guy. It turned out that he was petrified of his brother and wouldn’t go and help in the house when his brother was present because he feared for his safety. They were able to work with the other son, and the mother actually moved in with her “better son.” A 24-hour caregiver was put in place to monitor the situation. After a short period of time, it was prudent to pull out the 24-hour caregiver. The good son has been able to take care of his mother for the last two years. The other son is not disrupting the care anymore, and it’s actually a very successful and economical outcome. 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!

Don’t Go Broke as an Alzheimer’s Caregiver

Termination/Removal of the Guardian

Who Should be the Guardian?

Guardianship Medical Report Review

Do I Need to Have a Physician Weigh In?

What to Expect at a Guardianship Hearing

Separating the Legal from the Emotional Issues

Estate, Asset & Retirement Tax Attorneys

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