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Dutton & Casey, P.C.
 Compassionate Advocates for Elders,
Persons with Disabilities, and Their Families

 www.duttonelderlaw.com

 

 
In This Issue:

Our Office Locations:

 

At Dutton & Casey, P.C., we understand the importance of convenience.

 

In addition to our main downtown Chicago location, we also offer appointments at our 

satellite offices.

 

Chicago: 

1 North LaSalle Street,
Suite 1700
Chicago, IL 60602
phone: 312-899-0950

Skokie:
5225 Old Orchard Road, Suite 25B
Skokie, IL 60077
phone: 847-261-4708

After April 1, 2010
9933 N Lawler Ave.
Suite 440
Skokie, IL 60077
phone: 847-261-4708

Arlington Heights
1655 N Arlington Hts Rd., Suite 306 West
Arlington Heights, IL 60004
phone: 847-906-3584

General Email Address:

contact@duttonelderlaw.com

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Elder Care Coordinator,

Erin Vogt, LCSW, ACSW, CCM, meets our clients where ever they are, home, long-term care center,  hospital, etc.
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Your Elder Law shamrock 2Connection
March 2011

Elder law is constantly evolving. 

The attorneys and staff at Dutton & Casey, P.C. understand the importance of staying informed within this expanding field of law.

 

Our newsletter, Your Elder  Law Connection, was designed with you in mind. It includes articles and resources that highlight some of the most recent developments in elder law and Life Care Planning. 

 

After all, staying informed can make a difference in how we plan for inevitable changes and how we react to sudden ones.

COMMON QUESTIONS (AND ANSWERS) ABOUT ESTATE PLANNING.

Attorney Melissa Howitt recently authored an article answering common questions such as...

 

melissa april 2010
Attorney Melissa Howitt

Why do I need a Will?

What happens if my named executor dies?

How do I put my property into my trust?

Do I need to leave my money to my children?

and many more...... 

 

For the entire article, please click here.

Free Medicare Preventive Care Has Kicked In medicare maze

One of the benefits of the health reform law took effect January 1, 2011: free preventive services for Medicare recipients. Under the law, people with regular Medicare will no longer have to pay a co-pay, coinsurance, or deductible to receive preventive services that are highly recommended by the U.S. Preventive Services Task Force.

 

Click here for the entire article

To read the Medicare booklet on preventive services, click here

Is Assisted Living Tax Deductible?

Here are the basic rules concerning the tax deductibility of assisted living expenses: tax deduction

According to the 1996 Health Insurance Portability and Accountability Act (HIPAA), "long-term care services" may be tax deductible as an unreimbursed medical expense on Schedule A.

Qualified long-term care services have been defined as including the type of daily "personal care services" provided to Assisted Living residents, such as help with bathing, dressing, continence care, eating and transferring, as well as "maintenance services", such as meal preparation and household cleaning.

Assisted Living residents seeking tax deductions for their services must qualify as "chronically ill". This definition refers to people who are unable to perform two or more "Activities of Daily Living" (eating, transferring, bathing, dressing and continence) without assistance, or who need constant supervision because of a "severe cognitive impairment" such as Alzheimer's disease or related dementias.

The Assisted Living resident must have been certified within the previous 12 months as "chronically ill" by a licensed health care practitioner.

In order to qualify for a deduction, personal care services must be provided pursuant to a plan of care prescribed by a licensed health care practitioner. Many Assisted Living communities have on staff a licensed nurse or social worker who prepares a plan of care, sometimes called a "Wellness Care Plan," in conjunction with the resident's physician which outlines the specific daily services the resident will receive in the community.

In order to take advantage of deductions, a taxpayer must be entitled to itemize his or her deductions.

Additionally, long-term care services and other unreimbursed medical expenses must exceed 7.5% of the taxpayer's adjusted gross income. (Generally, a taxpayer can deduct the medical care expenses of his or her parent if the taxpayer provides more than 50% of the parent's support costs.)

For some Assisted Living residents, the entire monthly rental fee might be deductible, while for others, just the specific personal care services would qualify for a deduction.

Please speak with your tax advisor regarding your personal sitatuion. For more information

See IRS Publication 502 or visit www.irs.gov

IRS Form 56 

Many family members assist their older loved ones with faninacial matters, including filing their tax return and maybe handling an IRS audit. Herein lies the problem: the IRS is not IRSallowed to disclose information to anyone other than the taxpayer and they do not honor powers of attorney.

  

The solution: the IRS had its attorneys issue a legal memo stating that the simple Form 56 solves the problem.  If your family mermber files a Form 56 naming you as their agent, then you can handle their IRS tax matters.       

 

To read more about the IRS legal memo, click here.
 
For form Form 56.

 
For questions about asset planning for yourself or a loved one, please contact our office at (312)899-0950 or contact@duttonelderlaw.com.

2011 Long-Term Care Insurance Price Index Announced

A 55-year-old individual can expect to pay $1,480 annually for $169,000 in current benefits, which would grow to $354,000 of coverage by age 80, according to the 2011 Long-Term Care Insurance Price Index.calculator and pen

 

For the entire article, click here.

grandchildren are specialConsider Putting Gifts to Grandchildren in a Trust

 Gifting assets to your grandchildren isn't just a nice thing to do; it can reduce the size of your estate and the tax that will be due upon your death. While you can make an outright gift, pay health care and school costs directly, or put the money in a custodial account, putting the money into a trust has some major advantages.

 

Click here for the entire article.

 

 

For questions about estate planning for yourself or a loved one, please contact our office to schedule an appointment with one of our attorneys. (312)899-0950 or contact@duttonelderlaw.com.

Click here to learn more about our attorneys.

 
 

For questions about planning for yourself or a loved one, please contact our office at

(312)899-0950.

Other Articles of Interest

Efforts to Avoid Probate Can Carry Their Own Risks 

 

3 New Ways to Live in Retirement

 

The Next Tech Revolution Is for Seniors

 

Is Your Revocable Living Trust Funded?

 

 

For questions about estate planning for yourself, or a loved one, please contact our office at (312)899-0950. 

Articles for Your Newsletter.
Presentations for Your Group. 

In addition to being a law firm,

we are a community resource.

 

Our attorenys and staff are avilable to present on a wide variety of topics involving older adults and people who have a disability. 

 

In addition, articles, on a wide variety of topics, are available for you to use in your publications.

 

Click here for a list of upcoming programs, available, presentation topics, and information concerning articles.

Upcoming Issues:
  
In upcoming issues of Your Elder Law Connection, you can plan on receiving up-to-date information so you can stay informed in the areas of elder law and life care planning.

 

Dutton & Casey, P.C., Attorneys at Law


One North LaSalle Street, Suite 1700, Chicago, IL 60602 312-899-0950 (phone) 312-899-0959

 

Satellite Offices (By Appointment Only)

9933 N. Lawler Ave, Suite 440, Skokie IL 60077 (phone) 847-261-4708

 

 

  1655 N. Arlington Heights Rd., Suite 306 West, Arlington Heights, IL 60004

 

(phone) 847-906-3584