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YOUR LEGAL UPDATE FOR OCTOBER 2012
group shot sept 2012 

Our Attorneys
 

From left to right: Helen Mesoloras, Janna Dutton, Kathryn C. Casey, Hanny Pei.  

 

click here to learn more about our attorneys.

MEDICAID UPDATE

We shared this article in our September newsletter but, because of the importance and confusion, we are providing it again.

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In January, 2012, new regulations became effective in Illinois,   substantially changing eligibility for Medicaid coverage for long-term care. Although effective in January, the local offices of the Illinois Department of Healthcare and Family Services, the agency making determinations of eligibility for Medicaid, did not implement these new regulations until July, 2012.

 

Additionally, in June of 2012, Governor Quinn signed into law Medicaid reform, the SMART Act, which also made several significant changes to eligibility for Medicaid long term care coverage. Both the new regulations and the SMART Act were implemented on July 1, 2012. 

 

click here to learn more about the changes.

 

Need assistance with Medicaid? The attorneys at Dutton & Casey are highly recognized in the fields of estate planning, probate, and elder law and can assist you, or someone you care about, with this very important, but confusing, program. Click here to learn more.

ONLINE ACCOUNTS

You may have a plan for what to do with your physical  belongings, finances, and healthcare, but what about your online accounts? In today's social media-dominated world, a person's digital presence lives on online even after he or she is no longer able to 'surf the web'. But who has the right to access those accounts? States have begun addressing this issue with new digital access laws.

 

Under current Facebook policy, if an account member dies, Facebook will remove the account at the request of family or put it into "memorial status," but it is very difficult for family members to get access to the account itself. Family members may want access to a deceased loved one's account to read messages left by friends or to have the ability to contact them. Under Facebook's policy, the estate can have access to a download of account data as long as it has prior consent from the deceased or if it is mandated by law.

 

Such mandates are beginning to appear. In 2010, Oklahoma became the first state to pass a law giving estate executors the power to access, administer, or terminate the online social media accounts of the deceased. Two other states -- Nebraska and Oregon -- are now considering similar laws. Under Oklahoma's law, the executor automatically has the power to act on behalf of a deceased individual and access a Facebook, Twitter, or e-mail account. The executor does not have to go to court to get access to such accounts.

 

While states grapple with this issue, it may be a good idea to provide some instructions on how to deal with your online accounts if you are not able to manage them yourself. 

 

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The Attorneys at Dutton & Casey concentrate in estate planning, probate, and elder law. We are here to assist you plan for today... and for the future. Please visit our website to learn more.

BENEFITSCHECKUP.ORG

In today's society, many adults overbenefitscheckup  age 55 need assistance     paying for medications, healthcare, utilities and other basic needs. BenefitsCheckUp is free service of the National Council on Aging (NCOA), a nonprofit service and advocacy organization in Washington, DC.

 

There are over 2,000 federal, state and private benefits programs available to help. But many people don't know these programs exist

or how they can apply.

 

BenefitsCheckUp asks a series of questions to help identify benefits that could save money and cover the costs of everyday expenses. After answering the questions,  a report is created that describes the identified programs. The system allows for online applications or an application form can be printed.

MEDICARE OPEN ENROLLMENT

It is that time of year again -- time to reassess whether MEDICARE CARDyour Medicare plan is working for you. Medicare's open enrollment period runs from October 15 to December 7. 

 

During this period, you may enroll in a Medicare Part D plan or, if you currently have a plan, you may change plans. In addition, you can switch out of a Medicare Advantage (managed care) plan and return to traditional Medicare (Parts A and B), enroll in a Medicare Advantage plan from traditional Medicare, or change Medicare Advantage plans.

 

If you are in traditional Medicare, are happy there and don't have or want a prescription drug plan, you don't need to do anything.

 

However, during the open enrollment period, you should review your current plan by looking at the costs and coverage for next year to determine if it is still the right plan for you.

 

It is especially important to shop around for the best drug plan. The Washington Post is reporting that prescription drug plan premiums are expected to go up significantly. According to an analysis by Avalere Health, seven of the current top ten prescription drug plans will have double-digit increases in premiums.

 

Remember that fraud perpetrators will inevitably use the Open Enrollment Period to try to gain access to an individual's personal financial information. Medicare beneficiaries should never give their personal information to anyone making unsolicited phone calls selling Medicare-related products or services or showing up on their doorstep uninvited. 

 

In addition, you can now get the same information found in the handbook "Medicare & You" online. Find out what's new for the year, how Medicare works with your other insurance, get Medicare costs, and find out what Medicare covers. The handbook information on the Web is updated regularly.

 

Resources:

www.medicare.gov

www.medicareinteractive.org

1-800-MEDICARE (1-800-548-9034)

Illinois Department on Aging, 1-800-252-8966 or  website to locate a Senior Health Assistance Program (SHAP). 

Illinois Department on Insurance, 1-800-548-9034,   website to locate a Senior Health Insurance Program (SHIP). 

FACEBOOK AND LINKED IN

Dutton & Casey is now on Facebook and Linked In.

 

Please 'like us' and 'connect with us' to recieve updates on topics realted to estate planning, probate, elder law,  our programs for the community and professionals, and much more. 

UPCOMING PROGRAMS

FOR PROFESSIONALS

 

Planning for Family Caregivers:

What Professionals Need to Know

This session will answer fundamental legal questions common to all caregivers responsible for taking care of individuals who are unable to care for themselves. What are the duties and authorities under a Power of Attorney for Property, Power of Attorney for Healthcare, Living Trust or Living Will? How does the law allow for a person to manage another person's finances and healthcare? Is it possible for your clients to avoid legal pitfalls as a caregiver? What legal options are still available in planning and paying for long term care? How can caregivers utilize Medicare, Medicaid, long term care insurance and personal care contracts to maximize an incapacitated person's quality of life.

 

Presenter: Attorney and Partner Janna Dutton

Date: Thursday, November 7, 2012

Time: 8:30 A.M.-9:00 A.M. (Registration)

9:00 A.M. -10:00 A.m. (Program)

Location: North Grove Manor, 5520 Lincoln Avenue, Morton Grove, IL 60053.

Registration: There is no cost to attend. However, advanced registration is required.  Space is limited.

 

One hour of continuing education credit will be awarded to Illinois Social Workers, Counselors, and Nurses.

 

Click here to register:

 

 

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Elder Law and Ethics, 2012

This interactive presentation will cover such topics as:

risk factors for neglect, abuse, exploitation, and undue influence; solutions for helping those at risk; changes to Medicaid (DRA); determination of decisional capacity; and much more

Presenter: Attorney and Partner Kathryn C. Casey

Date: Thursday, November 8, 2012

Time: 8:30 A.M. - 9:00 A.M. (Registration).

9:00 A.M. - Noon (Program)

Location: The Park at Vernon Hills, 145 N. Milwaukee Ave, Vernon Hills, IL 60061

Registration: There is no cost to attend. However, advanced registration is required. Space is limited.

 

Three hours of continuing education credits will be awarded to Illinois Social Workers, Counselors, and Nurses. This program satisfies the three-hour ethics requirement for Social Workers.

 

Please note: this session will be offered again in Spring 2013. At this time, the date and location have not been confirmed.  

 

click here to register 

 

 

We have many programs, for the community and professionals, scheduled for the end of 2012 and 2013. Please read our website, future editions of YOUR Legal Update, like us on Facebook, and connect with us on Linkedin for more information.

Appointments with our attorneys are available in
Arlington Heights, Chicago, Skokie and Vernon Hills, Illinois.