1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
Alzheimer's and Dementia, estate planning, Financial Planning, Long Term Care
By Rick Law of Law Elder Law. Rick hosts multiple seminars a month at the Estate, Asset Protection, and Retirement Tax law firm at LEL in Western Chicagoland in Illinois. There is a common misconception: that Alzheimer’s is not a fatal disease. Most people still do not realize the basics of Alzheimer’s. Alzheimer’s disease is progressive, degenerative, and ultimately fatal. Unfortunately, most people still think about the disease as “a little bit of memory loss.” We hear it from people all the time, people from all over the country. Many times, when I say that Alzheimer’s disease is progressive, degenerative, and fatal, people respond, “Alzheimer’s disease isn’t fatal!” Well-educated people in high positions will argue back at me, “You don’t die of Alzheimer’s disease!”

According to Dr. Maurizio Grimaldi of agingcare.com, Alzheimer’s disease (AD) is very complex and always fatal. It manifests initially with marked memory failure, but as it progresses, it also has an effect on higher brain functions. In the later stages of the disease, balance and coordination as well as autonomic functions like heart rate, breathing, digestion and sleep cycles are severely affected. When the clinical picture of the disease is fully developed, a patient will be unable to perform the tasks that keep our bodies alive and functioning. Neurological damage causes the patient to lose the ability to coordinate even simple movements.

Eventually, they are unable to walk, communicate, maintain control of their bladder and bowels, feed themselves, chew, and swallow food without significant assistance and careful supervision. The later stages can be both emotionally and physically taxing not only for patients themselves, but also for their family caregivers. At this point, if the subject has not already been discussed, family members may wish to consider hospice care for their loved one. Denial is a really powerful evolutionary protection, we often see it when early symptoms appear. If we simply accept all the terrible things that go on in the world every day and don’t operate on some level of denial, we would all cease to function. Denial helps us to deal with everyday life. Unfortunately, denial as related to Alzheimer’s disease leads to many bad outcomes. 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 at the Estate, Asset, and Retirement Tax law firm of 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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Alzheimer's and Dementia, Elder Law, estate planning, Financial Planning, General Interest

By Rick Law, elder law and estate planning attorney in Aurora, IL.  Rick and his attorney daughter Diana Law are partners at the Estate, Asset, and Retirement Tax law firm of Law Elder Law. 

Although each state has its own rules regarding transfers and discharges, if the facility accepts Medicaid and/or Medicare, it is bound by the federal rules. A nursing home may only transfer or discharge a patient under federal law if it is

  • necessary for the resident’s welfare and the resident’s needs cannot be met in the facility;

  • appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility;

  • the safety of individuals in the facility is endangered;

  • the health of individuals in the facility would otherwise be endangered;

  • the resident has failed, after reasonable and appropriate notice, to pay for (or to have paid under Medicare or Medicaid) a stay at the facility (or a resident who becomes eligible for Medicaid after admission to a facility, the facility may charge a resident only allowable charges under Medicaid); or

  • the facility ceases to operate.


Facilities must give notice to the resident and resident’s representative and the notice must provide the following:

  • the reasons for the transfer and discharge

  • the effective date of the transfer or discharge

  • where the resident will be transferred or discharged to

  • a statement informing the resident the he/she has the right to appeal the action to the state

  • the name, address, and telephone number for the state’s long-term care ombudsman

The facility is required to provide 30 days’ notice from the effective date of the transfer or discharge except for emergency situations. 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 at the Estate, Asset, and Retirement Tax law firm of 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 attorney and managing partner at the Estate, Asset, and Retirement Tax Law firm of Law Elder Law. LEL is a multi-generational law firm serving seniors and their families, and helping them prepare for changes to healthcare and retirement planning. Nursing home residents are entitled to manage their personal finances and choose their health-care providers. The nursing home must keep residents informed of any plan of care and any changes in that plan and must allow the residents to be an active participant in their own health-care plan. This includes allowing residents to refuse treatment. The fact that people are residents of a nursing home doesn’t mean they lose their rights. Nursing homes must assess a resident’s needs every 12 months and create a health-care plan appropriate to the needs of the particular resident.  Although each state has its own rules regarding transfers and discharges, if the facility accepts Medicaid and/or Medicare, it is bound by the federal rules. A friend of the family had early-onset Alzheimer’s, which means that he was affected by Alzheimer’s before the age of 65. He became incapacitated at the age of 46, and during the next six years until he died, he was moved from one nursing home to another 16 times. Some Alzheimer’s sufferers exhibit rage, anger, and aggression.  This client was young and strong and a threat to nursing home staff.  If a client poses a threat to an employee or another resident, the nursing home doesn’t have to give a 30-day notice. Staff will call the family and say, “Come and get your loved one within the next 24 hours!” This example clearly demonstrates why it is so important to find a facility that knows how to deal with residents with Alzheimer’s disease. Sometimes the staff can actually minimize the rage by being more agreeable with the resident and by diverting their attention to something else. 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 at the Estate, Asset, and Retirement Tax law firm of Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
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  By Rick Law, elder law and estate planning attorney at the Estate, Asset and Retirement Tax Law Firm of Law Elder Law in Aurora, IL.   Finding a dependable, trustworthy, long-term caregiver is something that families often grapple with…  retaining a great caregiver is the other half of the struggle that families encounter when faced with disabilities and/or long-term diseases. The majority of the folks we encounter are impacted by Alzheimer’s Disease and the resulting progressive dementia. Alzheimer’s often causes people to lose their inhibitions and judgement, or what my mother calls our “thin veneer of civilization.” Mike Rohan is the president of All-Trust Home Care, a firm that helps place professional caregivers in the home environment, as well as assisted living and nursing home situations.  He once shared with me that his company used to have a constant problem in staffing for Alzheimer’s clients; caregivers would often quit or demand reassignment after only a week or two.  He said, “People with AD can present challenging behaviors, such as screaming, repetitive questions, paranoia, non-cooperation, and even violent aggression.  Very few caregivers have been trained in how to deal positively with these challenges.” In an effort to serve both his employees and the All-Trust clients, Mike decided to seek out a solution. He signed up for a program offered through the Alzheimer’s Association called the “Best Friends Approach to Dementia”, and attended the “Train the Trainer” classes for the best friends approach.  After completing the program, Mike began to teach his firm’s caregivers how to implement the Alzheimer’s care ideas included in the best friends approach.  The results have been nothing short of revolutionary. It has worked out so well, that All-Trust has been offering training classes every Tuesday at their Hinsdale office, and every Thursday at their Deerfield office with some Saturday classes.  The classes are not only for their employees, client family members, but for members of the community as well. You can find out more about Mike and All-Trust Home Care at www.alltrusthomecare.com Caregivers now have the tools that need to communicate effectively with their clients, despite the barriers of the clients’ dementia-related behaviors.  The quality of life for both the caregivers and care receivers has been remarkably improved.  In fact, Mike smiled broadly when he stated, “Before we implemented the best friends approach training, it was difficult to retain staff.  But now I cannot think of anyone who has quit.” Similarly, at Law Elder Law, we’ve added new seminars several times a month to serve the community at large. We address the issues important to you and your family, from estate, retirement and asset protection topics to navigating the ever changing and often uncertain landscape of aging, planning, and preparing. RSVP today for one of our complimentary upcoming seminars at lawelderlaw.com/events. 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, Founder and Managing Partner of the Estate, Asset and Retirement Tax Law Firm of Law Elder Law.  Law Elder Law is a multi-generational law firm serving families in Chicagoland and the suburbs in Illinois. In case you missed it the first time, “The Alzheimer’s Project” is available to watch on the Alzheimer’s Project website or through HBO’s online streaming portals. “The Alzheimer’s Project” is an exciting joint project of the Alzheimer’s Association and HBO which is designed to give us all new insight and hope that we can push back against Alzheimer’s Disease. For those of us in Chicago the documentary was even more personal, in that it included a live interview with Dr. David Bennett of Chicago’s own Rush Alzheimer’s Disease Center.  The medical staff and researchers at Rush Hospital are one of the premier teams investigating Alzheimer’s Disease. Most people are aware that Alzheimer’s Disease is a brain disease wherein brain function is progressively destroyed by the emergence of plaques and tangles.  “The Alzheimer’s Project” focused on some individuals with early-onset Alzheimer’s, and we learned several new and surprising things. Interestingly, there are individuals whose autopsy reveals the presence of the Alzheimer’s related plaques and tangles, but the individual did not exhibit memory loss during their lives—some people continue to function in a normal manner.  This phenomenon is not yet understood but is currently being referred to as “cognitive reserve.”  The presence of this cognitive reserve gives researchers a hopeful avenue of new investigation. In addition, part of the question-and-answer portion of the program focused on current drug therapies.  Today there is not a drug which cures or delays the disease.  Our current drug therapies are limited to enhancing the remaining brain function during the continuing degenerative progression of the Alzheimer’s Disease. Dr. Bennett told the audience in Chicago that there are numerous drug trials in process, in addition to medical research studies going on right now, which demonstrate new possibilities to not only delay but possibly create a vaccine against Alzheimer’s Disease. There is hope that medical science will have these enhanced weapons available to the public within the next decade.  This is great news for the millions of people who would otherwise face the prospect of Alzheimer’s Disease. 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, Estate, Asset and Retirement Tax Attorney 8 times named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine, Rick 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, Asset and Retirement Taxes. 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 LEL founder and attorney Rick L. Law.  Rick Law and his daughter and partner Attorney Diana Law, are part of the multi-generational law firm at Law Elder Law.  Estate, Asset and Retirement Tax Attorneys serving Aurora, IL and the surrounding communities. When your loved one is diagnosed with Alzheimer’s and needs care, it is important to find a nursing home with an Alzheimer’s special care unit. Alzheimer’s sufferers have unique needs and will have a much better nursing home experience if the nursing home staff is capable of dealing with their needs. Staff in special-care units should take specialized training courses in order to be able to encourage the residents’ independence and help them realize the maximum potential of their mental and physical abilities as their dementia progresses. These special units often come at an added price. Some states have established guidelines for these units, but there are currently no federal guidelines. Before agreeing to pay the higher rate, you should look for the following qualities from a nursing home with a special unit:
  • Does the facility confirm all incoming residents’ Alzheimer’s diagnosis?
  • Is the staff aware of the progressive nature of Alzheimer’s disease, and how do they address the expected changes in the mental and physical abilities of the residents?
  • Are all of the employees in the special unit (the housekeepers, maintenance workers, etc.) given some training regarding Alzheimer’s?
  • Are the buildings and grounds designed for people suffering from Alzheimer’s disease?
  • Are the resident activities appropriate for people with Alzheimer’s?
It is also important for lawyers to advise clients early on in the nursing home search that this type of care is expensive. Fees average around $45,000 a year nationwide, and can be as expensive as $100,000 or more. Most insurance plans do not cover this type of long-term care and neither does Medicare. Fortunately, Medicaid (the federally funded, state-administered medical assistance program)  is available for qualified individuals. 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, Estate, Asset and Retirement Tax Attorney 8 times named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine, Rick 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 attorney Rick Law of the Estate, Asset and Retirement Tax Lawyers at Law Elder Law in West suburban Aurora in Illinois. Seniors suffering from dementia who wish to qualify for state-paid nursing home care are required to spend down until they only have $2,000 in countable assets (this number varies from state to state). The state Medicaid agency is going to examine all major financial transactions that occurred during the five years prior to Medicaid application. This is where the personal-care contract needs to be very precise in how it details the care being provided. The state Medicaid agency will be looking to see if the caregiver agreement is being used to allow the parent to simply gift assets to children and still apply for long-term care on the state’s dime. State Medicaid agencies will generally look at two factors to determine whether a transfer of assets disqualifies the person receiving the care for Medicaid benefits:
  1. the fair market value of the transaction
  2. the intent behind the transaction
While that may sound simple enough, determining the prevailing price of eldercare services is not as easy as it sounds. Just about everyone, including hearing officers and judges, has a different opinion as to how to determine the prevailing price for caregivers. In some states, it may be essential that the personal-care agreement be entered into prior to services being rendered. In other states, those reviewing the contract will be looking for specifics such as how long the services will last, how many hours per week, what standards of services are being provided, and what, if any, provisions provide for a refund. 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 by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles.  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 lost to the expenses of long term care.  Call 800-310-3100 for your free consultation now!  
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By estate planning attorney Rick Law.  Rick is founder of the multi-generation law firm Law Elder Law in West Suburban Aurora, IL.  Are you aware that a catastrophic illness could wipe out virtually all your financial resources?  What will happen to you if you outlive your money?  You can learn how to protect your life savings and your legacy during our free vision meeting.  Call our office at 800-310-3100 to ask for more information or set up an appointment. At Law Elder Law, our mission is to help seniors protect their assets from unnecessary taxes, legal expenses, and the devastating cost of catastrophic healthcare or long-lasting nursing home fees.  Our goal is to make sure your assets will last you a lifetime, and passed on to your loved ones in the most timely and cost-effective manner. You may be surprised to find that elder law attorneys are of a different breed than other lawyers. Not only are we familiar with professional resources for you and your loved ones, but we are also ready to provide you with many community resources to help meet your family’s needs.  Serving over 400 Illinois families every year, we have walked this difficult road before and we understand the delicate situations that surround end-of-life planning. Come in and talk to us, we can help you along this path. 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 estate planning attorney Rick Law.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. In the last installment of my blog, you learned some of the basics of Medicaid in Illinois – and why you need to be informed about it even if you still have money! The Illinois Department on Aging’s Community Care Program helps seniors who might otherwise need nursing home care to remain at home by providing help that the senior may need.  This includes help within the home, as well as in the community. This program allows qualifying seniors to keep their independence, while providing cost-effective alternatives to a nursing home. Some of the benefits of the Community Care Program include:
  • In-Home Help is available to provide assistance with household tasks and personal care for older adults who are moderately impaired. It could be something as simple as uncapping medications and providing water, or even assisting with personal care, cleaning, doing laundry, preparing meals.  Help with more complex tasks is also included, such as meal planning, shopping and arranging transportation.
  • Emergency Home Response Service provides the senior with a signaling device for 24-hour emergency coverage.  That way, if help is needed (such as a fall or a fire), the senior can easily alert the authorities and get fast help.
  • Adult Day Services offer older adults the opportunity to interact with other people in a safe, supervised setting outside the home. Snacks and a noon meal are provided, and participants may enjoy everything from arts and crafts to card games. Counseling and physical therapy with trained professionals are also available in some centers. Adult day service centers can greatly help caregiving family members who may need a few hours to themselves, or who work outside the home during the day. In many adult day service centers funded by the Illinois Department on Aging, specialized programs are available for seniors with memory problems such as Alzheimer’s or dementia.
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.  Rick is founder of the Estate Planning Center at Law Elder Law in West Suburban Aurora, IL.  LEL is a multi-generation law firm. There are countless lawyers who can help you draw up a will and other papers to tell the courts what to do with your assets when you die.  Just about anyone who has passed the bar exam can write you up a “Death Plan.”  The problem is just that – a will only comes to life after you die.  You need an estate plan that ensures your quality of life while you are still alive. There are very few attorneys who focus on just how to give you or your loved one a “Life Plan.”  What Law Elder Law specializes in is not just how to divvy out your assets when you’re gone, but how to make sure those assets remain intact while you are alive so you have a legacy to leave to your loved ones.  With the cost of nursing home care averaging $6,000 per month, a lifetime of savings can be wiped out in a matter of months. Law Elder Law works to protect your assets, legally, and assure you that you will not be left out of money, out of options, and robbed of dignity.    You don’t have to outlive your money or your assets. Rick Law has organized Law Elder Law to provide the answers that “throw a lifeline” to individuals in danger of sinking under the weight of a long-term nursing care burden, or those who want to make sure they are never faced with that crisis situation.    Call LEL toll-free at 1-800-810-3100. 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 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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