1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
By elder care attorney and senior advocate Rick Law, founder and managing partner of the multi generation law firm of Law Elder Law, serving seniors boomers and their families in West suburban Aurora in Illinois. It is believed that caregiving has detrimental health and psycho-social consequences for caregivers. People frequently hear stories of the healthy wife taking care of her husband who is suffering from dementia. Often, when the husband finally passes, the wife’s health takes a quick downturn and she passes soon after. Being a caregiver, especially for a loved one, takes a toll. Caregivers are more likely to suffer from poorer physical and mental health than non-caregivers. Because of this burden, the family lawyer (or the lawyer in the family) is going to see more and more caregivers who want to create personal-care contracts that specify that the caregiver will agree to help the elderly person for a set amount of time in exchange for an hourly wage for these services. After the death of the affected loved one, lack of a personal-care agreement often leads to an estate administration problem. Many states provide a legal basis for an uncompensated caregiver to file a claim against the estate. The decedent’s creditors, provided they have an allowed claim, generally will be ranked ahead of the beneficiary when it comes to collecting on a claim. If the family caregiver does not have a personal-care contract, the caregiver will have a hard time establishing a status as a creditor with an allowed claim. In fact, many states’ dead man’s statute, which makes any testimony showing that the decedent entered into an express oral contract inadmissible, will stop caregivers in their tracks if they do not have a written contract. Even if caregivers are able to imply an oral contract existed, they are faced with the common-law presumption that the services were rendered gratuitously. It is possible to rebut this presumption, but it is a difficult road. Some states are recognizing this problem and addressing the needs of the family caregiver. The Illinois Probate Act permits family members who live with and care for a “disabled person” to file a claim for reimbursement in probate court upon the disabled person’s death. 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 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, elder law estate planning attorney, and founder of the multi-generation law firm at Law Elder Law.  LEL is home to the Estate Planning Center at Law Elder Law in Aurora, IL. Personal-care agreements are important for the person receiving the care, but they are also important for the caregivers. Individuals that take on long-term-care duties often see a decrease in earning potential and frequently have to cut into their own savings to provide for the person they are caring for. Caregivers usually cannot afford to quit their nine-to-five job, but they may be forced to cut back their hours in order to care for an elderly parent. These caregivers often put their own retirement at risk to care for a parent. A 2009 national survey of caregivers showed that over half of the responding caregivers reported a medium to high level of burden. A 2010 national survey of the full-time workforce also came to the conclusion that individuals who were employed full time and who also had caregiving responsibilities suffered from lower well-being than those without such responsibilities. Extensive data about the characteristics of caregivers and care recipients is available from an in-depth survey of a nationally weighted sample of caregivers providing assistance to persons people aged 50 and or older conducted in 2009 by the National Alliance for Caregiving and the AARP, Nat’l Alliance for Caregiving, Caregiving in the U.S. 2009: A Focused Look at Those Caring for the 50+ (2009), in which surveyed caregivers were more likely to report a high level of burden if they were primary caregivers, they were older, they were in fair or poor health, they were not employed, they had lower incomes, or the care recipient lived with them, id.; the survey used an index to measure the burden of care based on the number of hours of care per week provided and the number of instrumental activities of daily living performed. The survey, conducted by Gallup and Healthways, used an index consisting of six areas—life evaluation, emotional health, physical health, healthy behavior, work environment, and basic access to necessities—to measure overall well-being. 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 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 Elder Law Attorney Rick Law. As an attorney advocate for senior care in the Western Chicago suburbs, Rick Law and the friendly and experienced staff at Law Elder Law are here to help you get all your ducks in a row and plan for the worst-case scenario.     Recently Loretta, a caregiver client, visited our office and I sat down with her to ask about her experience as a caregiver for her husband, who has been affected by Alzheimer’s for the past decade.  Serving as a caregiver for a loved one with long-term care needs has a unique set of feelings and experiences, which we at LEL strive to understand and accommodate. One of her strongest statements was the feeling that “It makes you feel so trapped… financially and socially… there are just so many unexpected areas of burden.  The weight of it all traps you underneath.”  As a caregiver, you are often left with few choices save for how you will respond in any given situation.  Because of this, it is common for many caregivers to burn out. You can’t control your schedule. You can’t control your loved one’s incontinence or sleeping times.  You can’t control what they are going to say or what they are going to do. You lose all freedom. Often you find that you lack control over the most basic areas of your life. As for social activities, Loretta told us “We both love music, and Stephen and I used to attend concerts together.  After he was diagnosed it became more difficult to take him along, and eventually it got to the point where it was just too much effort and he didn’t enjoy it anymore.” Even having friends over is difficult. “What do you say to them?” she said, “And what do they say to you? It’s extremely awkward, disheartening, and embarrassing. In addition, there are times when Stephen became very angry, and because I’m doing the care-giving, I’m right there for him to express his frustration.  I don’t want other people to see that. Remember, you can’t control anything. You lose all your freedom.” As I listened to Loretta share her experience caring for Stephen at home, I could not help but admire once again all the caregivers out there.  Her story served as yet another reminder of why we at Law Elder Law do what we do: provide counsel and help to those who lovingly sacrifice their wealth, health, freedom, and careers to provide loving care for a spouse, child, or parent. 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 from 2008-2016 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 care attorney and estate planner at the Estate Planning Center of Law Elder Law in Aurora, serving Kane, Kendall, DuPage, Will, Cook, and other counties in Northern Illinois. Almost every day I learn more about the subtleties and surprises within the elder care journey. At Law Elder Law we often work with families who have a loved one affected by some type of dementia. About 7 years ago, I had the opportunity to hear University of Pennsylvania neurologist Dr. Jason Karlawish speak to a group of lawyers about clients who may have Alzheimer’s disease or some other type of dementia.  As we non-medical people observe folks with memory loss, we assume that the individual is losing his or her memory on a constant downward sliding path.  According to Dr. Karlawish, however, that is not the right way to think about memory loss. Dr. Karlawish taught me that I need to change the way I look at memory loss.  He helped me understand that different brain functions are affected with differing rates of decline. “Attorneys are linear thinkers. You are trained to think in a linear and logical fashion, and so you believe that if your clients can give the correct answer to a fact based question, then they are still capable.  You assume that if they know that 2+2=4, then they are capable of managing their affairs.” He shook his head and stated, “Nothing could be further from the truth.” It turns out, someone who is suffering from dementia can retain their linear thinking, but lose their ability to comprehend the consequences of what that answer means. As I listened to him speak, it hit me that this was exactly what was happening with one of my clients. This client was responsibly caring for his wife, but the family was continually calling to tell me that “Bill” was making foolish decisions with money, and it was running out at a frightening rate. But when Bill came into my office, nothing seemed to be wrong; he drove himself, he brought his accounting books and we would go over his records together. He seemed capable of handling all his affairs because he gave me all the right answers. Nonetheless, within the next day or two he would do something as bizarre as hiring an $800 ambulance service to get his wife to her weekly hair appointment. Suddenly I realized that although Bill was able to tell me how much was in his bank account, he could no longer understand the meaning of those numbers. 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 Estate Planning and Elder Law Attorney Rick Law of the Estate Planning Center at Law Elder Law.  LEL is a multi-generation firm serving seniors and their families in Aurora, IL just West of Chicago off of the I-88 tollway.   An all too familiar phone call came into our office the other day: “My mom is elderly and ailing, and my siblings and I need advice on how to help her.  Our folks have a decent monthly income and assets, but the nursing home costs are three times that much! Nobody made any plans for this. My parents never expected to live this long. We don’t know what to do.  I can’t have them live with me. Help me, please!” Nobody enjoys the feelings of hopelessness and impending doom brought upon by this kind of situation. But “We don’t know what to do!” is just the beginning of the journey for the concerned family. Often we get this phone call from the child or spouse caretaker because the person in need of care isn’t ready to admit yet that they need help.  We can’t force a parent to get assistance, but we can be the “voice of authority,” to tell them when it’s time to start letting go and facing reality.  It is our job as elder law attorneys to help our senior clients–and those who love them–make those tough end-of-life and long-term care decisions The call from the kids has several possible motives, and more specifically, several underlying emotions:
  • Love and responsibility: to provide the best care for mom or dad with the least destruction of their assets during their lives.
  • Seeking relief: the need to lift the care and cost burden off the caregiver, who may be the caller himself or another loved one.
  • Fear of loss: the desire to conserve the benefits of the parental assets, either during the parents’ lives or at the time of their deaths.
  • Greed: the desire to get access to the parents’ assets so the assets will not be “lost.”
  • Confusion: Looking for a source of care and comfort at a time of great emotional and financial stress.
  • Guilt: for not being able to do more for a needy parent, spouse, or other loved one.
  • Shame: one man recently said to us, “I just can’t believe that I have to put the love of my life in a nursing home.”
  • Anger: “Why did my parents not plan better?” “Why me? My siblings never help me take care of dad.” “I wish he would just die.”
  • Frustration: over conflict with declining parents.
  • Self-preservation: worry about how much of their own limited resources must be used to provide parental care.
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, J.D. founder of the Estate Planning Center at Law Elder Law.  Rick and daughter/attorney partner Diana Law are part of the caring team at Law Elder Law. Serving seniors, boomers, and their families in West suburban Chicagoland in Illinois. It is not uncommon, when talking to a man about the possibility of old age decline, to have him say things such as:
  • “My dad died at sixty of a heart attack–I’m sure I’m not going to live any longer than that.”
  • “I won’t rust out, I’ll burn out.”
  • “Before I’ll go to a nursing home I’ll put the muzzle of a gun in my mouth!”
  • “I’m gonna keep going until one day I just drop in the harness.”
According to a survey conducted by the New York times, nationwide evidence tells us that the long-term care burden overwhelmingly falls on the women of the family.  In their youth men are generally physically stronger than women, but as they age they decline more quickly.  Compounding the problem, men often cling to a machismo that causes them to deny their own mortality and to under-appreciate the catastrophic burden that old-age frailty will place on their wives or children. It seems to be a natural part of being male to assume that bad things happen to other people, not to yourself.  The result of this attitude is that the women of the family are faced with caring for more and more frail men who have either refused to purchase long-term care insurance, or refused to modify their lifestyles to minimize the possibility of chronic illness.  Women are forced to exhaust their own financial and physical resources to care for their men. By the time the first spouse dies, the caregiver spouse is often depleted both physically and financially.  She has no reserves as she faces her own long-term care crisis. As elder law and estate planning attorneys, we strive to help rescue the embattled caregiver.  Survivor spouse preservation is one of our key goals when working with a couple to plan ahead, and those who are already faced with nursing home challenges. At Law Elder Law, we recognize the contribution of the women who carry the burden of their own parents, their husbands’ frail parents, and/or their own husbands. 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 L. Law. Rick is the founder of the multi-generation estate planning and elder law  office of Law Elder Law, serving Kane, Kendall, and DuPage counties in Illinois. The caregiver’s bookkeeping service is an invaluable tool that can help ensure that the caregiver is able to accurately record time and expenses. It is a good idea to have the caregiver come in after a month to review the logs.  This will also help to ensure that that the caregiver is keeping proper records. If the personal care agreement is later challenged in court, the caregiver’s logs will need to be reasonably precise, accurate, and timely.  Better safe than sorry, right?  At least in this instance, there is someone there to do the work for you, and provide another set of checks and balances so you can rest knowing that your loved one is getting the best possible care. At some point after a personal-care contract has been created, people receiving care will continue to decline as they move through the Alzheimer’s care journey. Unfortunately, the majority of those individuals will exhaust their personal resources and be compelled to apply for nursing home Medicaid benefits. The Medicaid application process will include the state agency questioning the payments that were made to the caregiver. If the personal-care agreement is not drafted correctly, or proper records were not kept, clients could end up with costly penalty periods of ineligibility for Medicaid benefits during which they need to pay for care. Without appropriate evidence, which usually is provided by contemporaneous logs of daily caregiving services, a caregiver could be accused of being an elder abuser. 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 has been named the #1 Illinois elder law estate planning attorney for 2008-2016 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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