The Uniform Guardianship
and Protective Proceedings Jurisdiction Act was effective January 1, 2010.
1826, i.e., Civil Union Act as to guardian and probate rules as to same sex
relationships (See CBA Record Sept 2009).
Scams with deed transfers: refinance fraud, lease-back
or repurchase scams and bankruptcy scams.
v. Feinberg (In re Estate of Feinberg), 2009 Ill. LEXIS 1299 (Ill.
Sept. 24, 2009), trust and clause re marriage and inheritance upheld
Need a court order to consent to sterilizing a disabled
ward in guardian court. (House
bill 2290; 1,1,2010)
Illinois' Community Care Program was amended by the
Illinois Department on Aging to provide for higher quality standards for
providers, increase required worker competencies and improve general oversight
by the department (89
Ill. Adm. Code 240 effective March 23, 2009).
The Illinois Appellate Court held that a trust
provision permitting a majority of the trust beneficiaries to approve the
trustee's accounts with the same effect as court approval violated public
policy and was invalid (Vena
v. Vena, 899 NE2d D 2008 ).
The Centers for Medicare and Medicaid Services
(CMS) has a one-to-five
star rating system for nursing homes to help evaluate a nursing home's
quality when selecting a facility. The ratings appear on the agency's Nursing
Home Compare Web site.
Studies state that people with dementia (primarily
senior citizens) are abused by at least half of the family members who care for
them. (The NAELA e Bulletin-27 January 2009)
How to check a nursing home.
Review the home's most recent annual inspection report,
which must be posted at the facility. Also review previous inspection reports
and complaints investigations. Facilities must make
To compare nursing homes, check out the star ratings
To check if a nursing home has been fined, go to www.idph.state.il.us and
search for "nursing home violators."
A registered nurse per resident-a good indicator of quality
care-is rated for each home at www.medicare.gov/NHCompare/ under "Nursing Home Staffing."
If care is poor, consult the home director of nursing.
Review the resident's care plan and doctor's orders. File complaints with the
Illinois Department of Public Health, The home's ombudsman or, in cases of
suspected abuse, the police.
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