Hot Topics in Elder Law for the Week of 12-29-09

• An Illinois appeals court found that a trust that prevented the trustee from making distributions if it would interfere with public assistance is an available asset for Medicaid eligibility purposes. Vincent v Dept of Human Services, Ill. Court App. 3rd Dist. No 3-08-0096, June 18, 2009.
• Reverse Mortgage scams are on the increase. Seniors obtain funds in a reverse mortgage based on the value of their house, and the funds disappear. (Wall Street Journal, Aug. 27, 2009).
• Dependent Parent Tax issues:  a. If you provide more than half of your parent’s support, you may be able to claim your parent as a dependent;  b. If you hire someone to take care of your parent while you work, you might qualify for the dependent care tax credit;  c. Unmarried individuals who support a parent can file their returns as head of household.
• Act designed to ease settlements in trust disputes. New tool to handle trust matters under legislation. Public Act 96-479. This provides non-judicial settlement agreements with virtual representation.
• Types of elder care negligence: ES for AK v. Hinsdale Hospital (improper discharge); LP for JP v. Aspen Ridge Care Center (pressure ulcers); MI for CZ v. Hampton Plaza Nursing Center (failure to supervise by not removing smoking materials from room); OC for JD v. Greenwood Care Nursing Home (failure to monitor, fall from window).

Michael H. Erde has been practicing law in Chicago for over 39 years. He was a member of the Board of Governors of the Northwest Suburban Bar Association and a former chairman of their estate tax and elder law committee, the Chicago Bar Association's Probate Committee, and the Illinois Bar Association's Trust Committee. He is a certified Elder Law Attorney, certified by the National Elder Law Foundation (the Supreme Court of Illinois does not recognize certification) and he was a member of the Illinois Alliance for Aging. He is on the board and Treasurer of the Greater North Shore Estate Planning Council, and formerly served on the Board of Directors of the Irene Josselyn Center for Mental Health. He was a founder of the Chicago Bar Association Asset Protection Committee and chairman of its Elder Law Committee.

For more information about Mr. Erde’s practice, visit his Blog at http://mhe-elderlaw.blogspot.com