Attorneys
Janna Dutton, Kathryn Casey, Helen Mesoloras, Michaela Franco, Melissa LaPointe

Locations
Arlington Heights, Chicago, Skokie, and Westchester, Illinois.

August 2016
mediciad alert oct 2011
In recent years a number of non-lawyers have started businesses offering Medicaid planning services. While using one of these services may be cheaper than hiring an attorney, the overall costs may be far greater.  Learn more. Read an article by Attorney Helen Mesoloras. 
Being the executor of an estate is not a task to take lightly. An executor is the person responsible for managing the administration of a deceased individual's estate. Learn more
Our attorneys concentrate in estate planning, probate, and elder law. We can assist you with the executor role. Learn about our practice areas.
What Is Undue Influence?
Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?  Undue influence occurs when someone exerts pressure on an individual, causing that individual to act contrary to his or her wishes and to the benefit of the influencer or the influencer's friends. The pressure can take the form of deception, harassment, threats, or isolation. Often the influencer separates the individual from their loved ones in order to coerce. Older adults and people who have a disability are usually more susceptible to undue influence.

To prove a loved one was subject to undue influence in drafting an estate plan, you have to show that the loved one disposed of his or her property in a way that was unexpected under the circumstances, that he or she is susceptible to undue influence (because of illness, age, frailty, or a special relationship with the influencer), and that the person who exerted the influence had the opportunity to do so. 

However, if the alleged influencer had a fiduciary relationship with your loved one, the burden may be on the influencer to prove that there was no undue influence. People who have a fiduciary relationship can include a child, a spouse, or an agent under a power of attorney. 

Read an artice regarding a section of the Probate Act that at Janna Dutton, as a member of the Illinois Chapter of the National Academy of Elder Law Attorneys, wrote to help protect vulnerable adults.
Although voting is the hallmark of a democracy, it isn't easy if you live in a care center, as there are several challenges to voting, from registering to vote to actually casting a ballot. Learn more. 
Changes started on January 1, 2016 for this type of service. Click here to learn more about the federal government's rules regarding minimum wage and overtime protections.  Learn more
Erin Vogt
Erin's Corner.
Erin, a licensed clinical social worker and certified care manager, is our Client Care Coordinator who supports both our clients and attorneys by providing comprehensive assessments, client and family caregiver advocacy and education, and the resource information needed to understand and make decisions.

Medicare's Open Enrollment 
Medicare's open enrollment occurs once a year. This year, it is October 15, 2016 to December 7, 2016, Medicare beneficiaries can do the following:
*Change from original Medicare to a Medicare Advantage plan or vice versa
*Switch from one Medicare Advantage Plan to another
*Join, change, or drop a Medicare prescription plan.

It is important to review your plan each year, especially if you have had changes to your prescriptions or health condition. In reviewing your options, you may find a different plan is less expensive or better suited to your needs.  if you decide to switch from one plan to another during open enrollment, your new plan with go into effect on January 1, 2017. In some circumstances, you can make changes outside of open enrollment. If you have questions, go to www.medicare.gov or call 1-800-Medicare (633-4227).

Neurology Now
Published by the American Academy of Neurology, this publication contains information on a wide variety of neurological disorders. Subscriptions are free for individuals, their family members, and caregivers. Learn more at www.neurologynow.com

Practitioner Orders on Life Sustaining Treatment (POLST)
Many people still refer to the DNR order. It has been expanded to include many other physical conditions/situations that can occur towards the end of life. Learn more. 
A fact sheet published  by the Medicare Patrol Program at AgeOptions, discusses how to avoid being part of Medicare fraud when obtaining equipment you need. Click here to learn more.  
-Legal Planning for Long-Term Care: Medicare Does Not Pay For It All
-Trusts Are Not Only for The Wealthy.
-Understanding the Surrogate Decision Makers
-Guardianship: What It Is: How It Works: and Alternatives
-Have a Say in Your Future
-Working with Diverse Populations..and many more! 
Chicago 312.899.0950  I Suburbs 847.261.4708

Appointments are available in Arlington Heights, Chicago, Skokie, and Westchester, Illinois, or via video conferencing or telephone.

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