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YOUR LEGAL UPDATE 
SEPTEMBER 2013

 

  

Our Attorneys
From left to right: 

Helen Mesoloras, Janna Dutton, Kathryn Casey, Hanny Pei.  

 

click here to learn more about our attorneys.

MEDICARE OPEN ENROLLMENT

medicare picMedicare Open Enrollment

October 15 - December 7, 2013

 

In most cases, this may be the one chance you have to make a change to your health and prescription drug coverage for 2014.


For more information, go to medicare.gov.

 

Resource Mentioned in August's Issue:

 

The Illinois SMP (Senior Medicare Patrol) Program at AgeOptions is a great resource. Through outreach and education, SMP works to empower Medicare beneficiaries to fight fraud including publishing a weekly Fraud Alert. Click here to go to their website for more information or to reach the Program Coordinator, Jason Echols. 
  


The Centers for Medicare and Medicaid Services (CMS) has released a new set of fraud prevention tips for individuals interested in accessing health coverage in the new Affordable Care Act's (ACA) Health Insurance Marketplace. Click here to read the tips. 

 

Remember that, if you have Medicare, you have health insurance and do not need to buy insurance from the Marketplace. If you or a loved one need information about the Marketplace, the official website and best place to find out more is www.healthcare.gov

DEALING WITH A LOVED ONE'S
DEBT COLLECTORS 

The last thing anyone wants after the death of a family member are calls from debt collectors dunning the loved one's estate. While some family members can be contacted by debt collectors, the family is protected from abusive, unfair, or deceptive practices.

 

Usually the estate is responsible for paying any debts the deceased may have left. If the estate does not have enough money, the debts will go unpaid. A debt collector may not turn to relatives to try to collect payment (unless they were co-signers or guarantors of the debt). However, the spouse of the decedent may have responsibility for any debts that were jointly held.

 

Debt collectors are allowed to contact the personal representative (executor) of the estate, the decedent's spouse, or the decedent's parents (if the decedent was a minor) to discuss the debts. They may not discuss the debts with anyone else. The only reason debt collectors may contact other relatives or friends is to get the name of the personal representative or spouse. But, they cannot say anything about the decedent's debt to those individuals or even say that they are debt collectors. When speaking with family members, debt collectors may not mislead the family into believing that the family members are responsible for the deceased person's debts. They also can't use abusive or offensive language.

 

Even if you are the person who is responsible for paying the estate's debts, you can request that a debt collector stop contacting you. To do this, you need to send a letter to the debt collector asking the collector not to contact you again. You should keep a copy of the letter for your records and send the letter "certified" with a return receipt. Once the collector receives the letter, the collector can contact you only to tell you that there will be no further contact or to inform you of a lawsuit. Remember, the estate is still responsible for paying its debts to the extent that it can.

 

If you have a problem with a debt collector, contact your state attorney general's office or the Federal Trade Commission.

 .....

 

The attorneys at Dutton & Casey concentrate in estate planning, probate, and elder law and can assist you, or someone who you care about, with all aspectes of estate adminstration. Please click here to learn more. 

SHOULD I ENROLL IN MEDICARE
IF I AM STILL WORKING ?

Many people keep working well beyond age 65--the age whenMEDICARE CARD  most people become eligible for Medicare. If your employer offers health coverage, do you need to enroll in Medicare? What if the employer offers or does not offer prescription drug benefits?

 

Most workers probably should enroll in Medicare Part A, which is free for most people and covers institutional care in hospitals and skilled nursing facilities, as well as certain care given by home health agencies and care provided in hospices. Ask your employer (or your spouse's employer, if that's where you get your coverage) whether your current coverage will change in any way if you enroll in Medicare, even just Part A.

 

click here to read more.

BENEFITS CHECK UP 

BenefitsCheckUp is free service of the  National Council  on Aging (NCOA), a nonprofit service and advocacy organization in Washington, DC.

 

Many adults over 55 need help paying for prescription drugs, health care, utilities, and other basic needs. 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 you money and cover the costs of everyday expenses. After answering the questions, you will get a report created just for you that describes the programs you may get help from.

  benefits check up

click here to learn more.

   UPCOMING PROGRAMS FOR COMMUNITY MEMBERS

event

Frontotemporal Degeneration (FTD) and   Primary Progressive Aphasia (PPA) Caregiver and Professional Education and Support Conference

 

As part of this conference, two sessions of "Expanding Your Care Team as Needs Change - Early to Middle Stage"

will be presented by:

Janna Dutton, JD, Attorney; Mary O'Hara, AM, LCSW, Social Worker and Assistant Director of Education; Sandra Weintraub, Ph.D., Professor, Psychiatry and Behavior Sciences

Date:  Monday, November 4, 2013.

Location:  Doubletree, 300 East Ohio Street, Chicago.

Click here to learn more.

..........

Legal Ability Planning - How to Prepare For and Prosper in Adulthood

Adequate legal planning for living with a disability, whether your own or your loved one's, involves more than writing a will. It requires legal documents designed for living. Attend this session, led by an attorney practicing disability and elder law, as she discusses important topics, including health care planning and coverage, financial and health care surrogate decision-making, long term care, and other important planning tools designed to protect your physical, mental, and financial health, or that of someone you care about, during life

Presenter: Janna Dutton, JD

Date:  Thursday, November 14, 2013

Time:  6:00 PM-8:00 PM

Location:  Jewish Community and Family Services, 5150 West Golf, Skokie, IL.

Registration: There is no charge to attend. However, advanced registration is required. click here to register

 UPCOMING PROGRAMS FOR PROFESSIONALS
Elder Law and Ethics, 2013 ce

This will offer an interactive presentation and

case studies of elder law & ethics topics such as:

  • Determination of decisional capacity
  • Risk factors for neglect, abuse, exploitation, and undue influence
  • Solutions for helping those at risk
  • Medicaid       

Presenter: Kathryn C. Casey, JD

Date: Tuesday, October 8, 2013

Registration: 8:30 AM - 9:00 AM

Program: 9:00 AM - 12 Noon

Location: Friendship Village, 350 W. Schaumburg Road, Schaumburg, IL

                

Continuing Education: These programs will award 3.0 clock hours to Illinois Social Workers, Professional Counselors, and Nurses and satisfies the Illinois social worker 3 hour ethics requirement. 

Registration: There is no cost to attend. However, advanced registration is required and remaining seating is very limited.

 click here to register.   

 

..........

Frontotemporal Degeneration (FTD) and Primary Progressive Aphasia (PPA) Caregiver and Professional Education and Support Conference

As part of this conference, two sessions of "Expanding Your Care Team as Needs Change - Early to Middle Stage"

will be presented by:

Janna Dutton, JD, Attorney; Mary O'Hara, AM, LCSW, Social Worker and Assistant Director of Education; Sandra Weintraub, PhD, Professor, Psychiatry and Behavior Sciences.

Date: Monday, November 4, 2013.

Location: Doubletree, 300 East Ohio Street, Chicago, IL

Click here to learn more.

..........

Legal Ability Planning - How to Prepare For and Prosper in Adulthood

Adequate legal planning for living with a disability, whether your own or your loved one's, involves more than writing a will. It requires legal documents designed for living. Attend this session, led by an attorney practicing disability and elder law, as she discusses important topics, including health care planning and coverage, financial and health care surrogate decision-making, long term care, and other important planning tools designed to protect your physical, mental, and financial health, or that of someone you care about, during life

Presenter: Janna Dutton, JD

Date: Thursday, November 14, 2013

Time: 6::00 PM-8:00PM

Location: Jewish Community and Family Services, 5150 West Golf, Skokie, IL

Continuing Education: 2 continuing education credits will be awarded for Illinois Social Workers, Professional Counselors, and Nurses.

Registration: There is no charge to attend. However, advanced registration is required. click here to register

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