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By estate planning Attorney Rick Law, senior advocate and managing partner at the Estate Planning Center at Law Elder Law. Rick Law and his daughter Attorney Diana Law are part of the multi-generational law firm in Aurora, Illinois. An awful lot of people treat powers of attorney as if they are an unimportant throwaway document, but in a senior’s life (particularly one with dementia) it is not a throwaway document. A power of attorney can empower somebody to have an absolute license to steal – and this is why you should always seek out a qualified and experienced elder law and estate planning attorney.  They can help you successfully navigate the waters of planning for the worst case scenario. Unfortunately, when a power of attorney for property is used inappropriately, it can be used on a regular basis to exploit individuals. People no longer use guns to rob banks; today they use a durable power of attorney. A durable power of attorney, when presented to an unsuspecting teller of a bank, will be used to withdraw massive sums of money.” Take Susie, for example… Susie never married or had children and ended up outliving all of her relatives. As various family members passed away, Susie inherited their estates. Susie’s last living relative, her brother, died when she was 66. After inheriting her brother’s estate, Susie had about $350,000 in investment accounts and owned her longtime home outright. Susie had no other sources of income and needed this money to last for the rest of her life. After her brother died, Susie had no family to look after her. When she reached her early 70s, Susie developed Alzheimer’s disease and was soon unable to protect her interests. She began to rely more and more on the family’s longtime, trusted lawyer to help her with finances. Susie was incapacitated, but the lawyer had her sign a very broad power of attorney agreement granting the lawyer virtually unfettered access to all of her moneys. Shortly after Susie signed the instrument, the lawyer started to plunder her funds. Over an eight-year period, the lawyer stole $176,000 from Susie’s accounts. He also squandered away large portions of Susie’s pension and social security. When the lawyer had worked his way through Susie’s savings and investment accounts, he sold her longtime home to his friend and client for far less than its market value. He then helped himself to much of the remaining sale proceeds. After selling Susie’s home, the lawyer moved her into a very small apartment on the other side of town, away from the neighborhood where she had lived her entire life. At this point, her old neighbors became suspicious and called the police, who referred the case to the Public Guardian. The Public Guardian subsequently became Susie’s guardian and sued the lawyer for recovery of Susie’s home and the moneys he stole. They also reported him to the lawyer registration and disciplinary commission. The case eventually settled, and Susie’s house and her savings were returned to her. She was able to move back into her longtime home, where she lived out the remaining years of her life. The lawyer was disbarred. 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 has been named the #1 Illinois elder law estate planning attorney for the past 8 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.  Call 800-310-3100 for your free consultation now!
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 by Rick Law, Law Elder Law founder and managing partner.  Law Elder Law provides wills and trusts, probate, guardianship, senior estate planning and much more for seniors and their families in DuPage, Kane, Kendall, Will and other counties in Illinois. One example of financial exploitation and emotional abuse that stands out is when adult children who have drug or alcohol problems move into their parent’s home. The children often end up living off of the parent and then they become verbally abusive to obtain money for the purchase of drugs or alcohol. In some cases, they will get their parent to sign documents giving them power of attorney, thus providing easy access to money for drugs and alcohol. Charles Golbert, deputy public Guardian and supervisor of the Adult Guardian Subdivision with the Cook County (Illinois) Public Guardian’s Office, agrees that powers of attorney documents can be problematic. “They’re just too easy to fill in and forge or have somebody who doesn’t have capacity to sign,” he says. “People are entitled to rely on the documents as long as there is nothing facially problematic about them. They’re very dangerous for that reason as well. In fact, I tell people powers of attorney are kind of the scariest documents that I know. I’d say they’re the single most abused document we see in our financial exploitation practice.” It is very important to have a doctor examine a dementia patient if there might be any issue with capacity.  One of the challenges with some forms of dementia is that it is very hard for a layperson to determine capacity, and even giving a Mini Mental Status Exam (MMSE) can still lead to a false conclusion that people have capacity but, in reality, don’t understand the consequences of their acts. I’ve seen it many times before… the lawyer is asked, “Why did you go ahead with this power of attorney paperwork when we have documentation that shows that the individual had dementia?” The lawyer will always respond, “Well, they appeared to be absolutely fine when I sat down and met with them.” 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 Rick Law, Elder Law and Estate Planning Attorney in Aurora, IL.  Senior advocates at the Estate Planning Center at Law Elder Law located on Church Rd. in Aurora, Illinois, just off the Farnsworth exit of the I-88 tollway. Instances of financial exploitation are on the rise and senior citizens are frequent targets. What is even more disturbing is that about 90 percent of the financial exploitation of seniors is committed by family members or people that they should be able to trust, such as caregivers. Seniors, and especially seniors with dementia, are the perfect victims because they generally won’t report the abuse. They won’t report the exploitations for a variety of reasons, ranging from being embarrassed to fear that if they turn in their relative or caregiver they will be put in a nursing home because there will be nobody left to care for them in their home. Amy Flynn, an elder abuse supervisor at Senior Services, states that a significant amount of the financial exploitation cases that she sees involve an abuse of a power of attorney. Flynn notes that the majority of the cases combine financial exploitation and emotional abuse. “They go hand in hand together because an abuser will manipulate mom or dad’s emotions in order to exploit money from them. More often than not, those cases do involve some form of abuse of a power of attorney.” In a recent elder abuse case, the daughter constantly told her elderly mother, “You were never there for me as a child. You were a horrible mother. You never bought me the things that I wanted.” The mother was suffering from dementia and the daughter convinced her to sign paperwork giving the daughter power of attorney for financial matters. Soon after the documents were signed, the daughter used her mother’s funds to buy herself a vacation home in Florida. Likely, the daughter felt entitled to the vacation home. 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.  Founder of the Estate Planning Center at Law Elder Law in Aurora, IL.  Law Elder Law provides wills, trusts, estate planning, elder law, guardianship, and probate services. On a warm Friday afternoon in Chicago, a boomer son and daughter of a physically healthy 86-year-old man named Eugene sat across the desk from a respected and experienced elder law litigator. They had come to see the lawyer for advice regarding concerns they had about their father and his new friend Olga. This is the story they shared. “Dad married his high school sweetheart—that was our mom, Doris. They were married for over 60 years. Mom and Dad were always devoted to each other. For many years Mom suffered from debilitating diabetes, and then cancer. Mom loved Dad with all her heart. For the last 10 years, Dad has been Mom’s full-time caregiver. Mom and Dad had always been very religiously conservative—but for the last fifteen years or so, Mom wasn’t even able to attend church. After Mom’s death, there was a funeral at the church. It seemed like everyone in the community turned out, because Mom and Dad were so respected. A woman named Olga attended the funeral whom none of us had ever met before. She warmly addressed all of the family members and expressed her condolences for our loss. She appeared to be about 65 years of age and fit as a fiddle. After the funeral, Olga began attending church and all of the older adult activities. She publicly declared her faith and volunteered to help out wherever she was needed. After a while, people told us that everywhere that Dad went, Olga was sitting right beside him. I think our dad was quite flattered to have the attention of a younger woman, after all those years of caring for Mom. The relationship seems to have become romantic within a matter of months after Mom’s funeral. We children had noticed that Dad was becoming ‘a little forgetful,’ but we considered that just a normal part of old age. Dad has always been close with all of us kids, and he told us about Olga. We were very happy for him to have a companion and to be getting out of the house. Everything seemed to start out okay—but during the last few months Dad has become more withdrawn from family activities. He doesn’t call or return calls like he used to. He stopped sending birthday cards to the grandkids (which always had a $50 bill in them). Some of us kids attempted a trip home to see Dad for Thanksgiving—but we were told quite bluntly, ‘No, please don’t come. I’m going to have Thanksgiving with Olga and her family.’ Right after Thanksgiving we got a call from a lifelong family friend who is Dad’s accountant. He urged us to visit Dad, because he had been visited by Dad and Olga. He indicated that substantial changes in ownership of assets were being discussed. He recommended that we contact you, Mr. Attorney.” After listening to this story, the wise yet cynical lawyer stated, “From my experience, this is probably a case of professional financial exploitation—especially due to the fact that your father may suffer from a bit of dementia. I think it’s very probable that there is sexual activity going on between Olga and Eugene. I refer to this as the ‘sex for signatures’ scam.” Immediately the son and daughter stood up, outraged. “Sir—you have no business insulting our family and our father. Our dad has always been an upstanding man of the faith! I resent your comments and your lack of empathy!” After saying that, they promptly left the office. On the following Monday morning, the first call into the lawyer’s office was from the son and daughter, who had spent the weekend at the dad’s house. As soon as the phone was answered, they blurted out to the lawyer, “We can’t believe it! You were right. During the weekend we heard the unmistakable sounds of intimacy coming from our father’s room. And that’s not the worst of it! There was a brand-new Lexus sitting in the driveway, for which Dad had taken out the loan. But the car title is in Olga’s name.” 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 Senior Advocate Rick Law.  Managing Partner and founder of the Estate Planning Center at Law Elder Law in Western Chicagoland. This is an excerpt from an interview with Dr. Sanford Finkel, clinical professor of psychiatry at the University of Chicago Medical School and an active clinician. He is an expert consultant and has reviewed and testified in a wide variety of court cases involving contested wills, testamentary capacity, and undue influence. “When trying to determine capacity, your lawyer must realize that with Alzheimer’s disease, people who lose their cognitive capacity and their functional abilities don’t always lose their social abilities. In a superficial conversation, the person can act it out and connect. But if you ask detailed questions, they may say, “My daughter will answer that.” They will defer it—deflect it. Or they may answer your question with a question. They will give you something with a little piece of your question— two words maybe—and then they will shift it around. People often stay alert until very late in the illness. To overcome this problem of assuming that socially pleasant people are cognitively competent, you have to ask open-ended questions. If someone is changing their will, your lawyer should ask them: “Why are you doing it? Why did you decide to change the percentages between your daughter and your son? What do you think is going to happen upon your death? What do you think is going to happen between your children?” Sometimes it’s possible to get the person to go back and try to reconcile things. If you don’t do that you wind up with a controversial will and litigation.” It’s always a good idea for someone who is making a controversial will to ask them to see a specialist for an evaluation. And either videotape it, audiotape it, or get a written report. “On the other hand, a person could have Alzheimer’s and still have testamentary capacity. It depends on the complexity of the task and the context. I was asked to give an opinion on an 89-year-old who had a moderate degree of Alzheimer’s. He insisted on making a will and he said, “I have a wife I’ve been married to for 65 years. I have two daughters who fight all the time. I want my wife to get everything.” I asked him “What do you have?” He answered, “I have a bank account.” “What do you have in it?” He responded, “I don’t know, maybe half a million. I’d have to look at my statement.” I then asked, “What else do you have?” He answered, “I have the condo.” I asked, “How much is the condo worth?” He responded, “I would have to ask my real estate agent or my secretary.” So I concluded that he did have the elements of testamentary capacity. But it didn’t end there. He wound up in a nursing home and the daughters were fighting and one daughter was able to get him to sign something that left everything to her. In a week’s time he had been taken out of his home where he had lived for decades. His wife had died and he was in a nursing home with a new routine. The situation had vastly changed in one week. He was totally befuddled. He had no idea what his assets were at that point in time. Remember the impact of context.” 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!
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By 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 –  guardianship, elder law, and estate planning attorneys serving Kane, DuPage, Kendall, Will and other Counties in Illinois. Most senior citizens are probably very trusting of police officers, especially their neighborhood beat cop. Unfortunately, this trust is not always warranted. Jerry was a lifelong bachelor. He worked for the city for 30 years and was able to retire with a modest pension. He had lived a frugal life and had paid off his house and accumulated modest savings, which he kept in certificates of deposit. Jerry turned 80 and became afflicted with dementia. He started becoming confused and disoriented. One day, Jerry mistakenly entered a neighbor’s home believing it was his home, and refused to leave. Not knowing what to do, the neighbor called the police. A beat officer responded to the call and took Jerry home. Shortly after, the police officer began taking advantage of Jerry’s dementia to enrich himself. The officer had Jerry sign documents designating the officer as the primary beneficiary of Jerry’s retirement death benefit. He also had Jerry name him as the beneficiary of Jerry’s certificates of deposit. Next, the officer had Jerry execute trust documents naming the officer as beneficiary, under which he would receive Jerry’s entire trust estate, both real estate and personal property. He even had Jerry execute a pour-over will, leaving all of his real and personal property to the trust. Jerry’s nephew came to town to visit his uncle and some friends and take in a baseball game. When the nephew visited Jerry, the police officer was in the home, which made the nephew suspicious. The nephew began to investigate and learned what had happened to his uncle’s estate. The nephew contacted the Public Guardian.  After an investigation, the Public Guardian petitioned the probate court to become Jerry’s guardian. The petition was granted, and the Public Guardian sued the police officer to invalidate the above transactions. After a long and testy trial, the judge invalidated all of the transactions. The judge also awarded Jerry $50,000 in punitive damages. 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 has been named the #1 Illinois elder law estate planning attorney for the past 8 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.  Call 800-310-3100 for your free consultation now!
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By Rick Law, Senior Advocate and elder law attorney in Illinois.  Founder of the Estate Planning Center at Law Elder Law in Aurora.  Just off the I-88 tollway. In 2012, the Illinois Supreme Court decided that, under Illinois law, guardians do have the authority to initiate a divorce action on behalf of a ward for several reasons. Initially the court explained how its decisions in cases it decided had been inconsistent with the principles set out in long-standing decision In re Marriage of Drews. After Drews, Illinois courts granted guardians the authority to make very personal decisions on behalf of wards without express statutory language granting guardians the authority to make these types of decisions. In these cases the courts found that guardians are broadly empowered “to perform an act which is within the implied authority granted by the Probate Act.” Second, the court noted that the divorce petition in Drews was filed prior to the enactment of Illinois’s no-fault divorce statute. The court found it “difficult . . . to accept the view that the decision to divorce is qualitatively different from any other deeply personal decision, such as the decision to refuse life-support treatment or the decision to undergo involuntary sterilization” without an injury being required for divorce. The court stated that the majority rule in Drews is inconsistent with Illinois’s policy of no-fault divorce and the policy of the Probate Act. The Illinois court further explained under the Probate Act that a person with disabilities is entitled to “vigilant protection” under the law. However, the court noted that a spouse with disabilities is left at a disadvantage when only the competent spouse may file for divorce. In this situation, the competent spouse essentially has complete control over the marriage, leaving the spouse “trapped in an unwanted, potentially abusive, marriage.” Ultimately, the Illinois Supreme Court remanded the case directing the circuit court to hold a “best interests” hearing. The court also held that a guardian needs to meet a clear and convincing standard to prove that the divorce is in the best interest of the ward. “In determining the ward’s best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or himself.” 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!
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By elder law and estate planning attorney Rick Law, founder and managing partner of the Estate Planning Center at Law Elder Law in West suburban Aurora, IL. Several states have enacted statutes giving guardians/conservators general authority to act on behalf of wards. It is well accepted that these general grants of power usually include the authority to make personal decisions about the ward’s health care, end-of-life treatment, place of residence, and visitors. However, one area that many jurisdictions still find too personal to allow a guardian or conservator to act on behalf of the ward is divorce. The majority rule is that guardians and conservators cannot bring a divorce action on behalf of a ward unless a statute expressly grants such authority. However, an increasing minority of states are beginning to hold that a guardian or conservator can bring a divorce action on behalf of a ward even without express statutory authorization. In 2012, the Illinois Supreme Court overturned its long-standing decision in In re Marriage of Drews and now allows guardians to initiate divorce actions on behalf of their wards pursuant to a “best interests” hearing. In Drews, the court had adopted the majority rule that, “absent statutory authorization, a guardian cannot maintain an action, on behalf of a ward, for the dissolution of the ward’s marriage.” Illinois’s Probate Act authorizes a guardian to act on behalf of a ward in all legal proceedings. However, the court in Drews interpreted this authority as applying to legal proceedings that are financial, but not personal, in nature. The court then had to decide the issue of whether a guardian has the authority to proceed with a counter-petition for divorce on behalf of the ward, after the competent spouse voluntarily dismissed his petition for divorce, making the counter-petition filed on behalf of the ward the sole petition. The Illinois Supreme Court ultimately decided that, under Illinois law, guardians do have the authority to initiate a divorce action on behalf of a ward for several reasons. 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!
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