Social Security Benefits

Social Security Benefits – Social Security Benefits are administered by the Social Security Administration, and are benefits provided to seniors, survivors of insured workers and disabled persons. Social Security benefits can be received by:

A disabled insured worker under the age of 65;

A retired insured worker at age 62 or older;

A spouse of . . . → Read More: Social Security Benefits

Illinois Living Will Act

Illinois Living Will Act was enacted by the legislature in recognition of the right of an individual to make a written declaration instructing his or her physician to withhold or withdraw death delaying procedures in the event of a terminal condition.  Executing an advanced directive, such as a Living Will, is an integral component of any . . . → Read More: Illinois Living Will Act

Doctrine of Probable Intent

Doctrine of Probable Intent – an interesting approach involving the judicial creation of Supplemental Needs Trusts for disabled adult daughters of an intestate decedent, ultimately disallowed by a state appeals court in New Jersey.

Emphasizing again the need for timely estate planning, the decedent retained an attorney for the purpose of creating supplement trusts for her disabled . . . → Read More: Doctrine of Probable Intent

Surrogate Decision Makers – Illinois

Surrogate Decision Makers become important in end-of life circumstances, under the Health Care Surrogate Act, when the patient lacks decisional capacity, and does not have an agent under a Power of Attorney for Health Care. 

Pursuant to 755 ILCS 40/25, surrogate decision makers, as identified by the patient’s attending physician after reasonable inquiry, are authorized to make decisions for a patient . . . → Read More: Surrogate Decision Makers – Illinois

Health Care Surrogate Act – Illinois

Health Care Surrogate Act is designed to allow for the withdrawal of life-sustaining treatment, without intervention of a court, for patients who lack decisionmaking capacity, yet do not have any form of living will or a Power of Attorney for Health Care.  In enacting the Health Care Surrogate Act, the Illinois legislature recognized that all persons . . . → Read More: Health Care Surrogate Act – Illinois

Power of Attorney for Health Care

Power of Attorney for Health Care is another example of a very basic, and affordable, means of estate planning, which, if used correctly, will enable a person to maintain control of health care and end-of-life decisions, even if unable to communicate or direct those decisions.

In enacting the Power of Attorney for Health Act, 755 ILCS 45/4-1, . . . → Read More: Power of Attorney for Health Care

Durable Power of Attorney for Property

Durable Power of Attorney for Property is one of the most basic forms of estate planning, and one which every adult should consider executing.  POA for Property will specify an agent-in-fact, and a successor agent, who will step in and make financial decisions in the event you are no longer able to do so for yourself.

Such . . . → Read More: Durable Power of Attorney for Property

Benefits of a Revocable Trust

The Benefits of a Revocable Trust are numerous.  Also known as a “Living Trust,” a Revocable Trust is formed by a grantor during his lifetime, and becomes irrevocable upon the death of the grantor.  The typical revocable trust consists of all or more of the grantor’s property, whth the trustee keeping the property and assets invested, and . . . → Read More: Benefits of a Revocable Trust

Nursing Home Care – Medicaid Eligibility Guidelines

Nursing Home Care – Medicaid Eligibility Guidelines:  Important to know because long term nursing home care is expensive, and not covered by most traditional health insurance, unless the policy is written specifically for long term care.  Individuals of moderate wealth and lower incomes need to be familiar with eligibility requirements for Medicaid, which, if qualified, will . . . → Read More: Nursing Home Care – Medicaid Eligibility Guidelines

Medicaid Eligibility – Immigrants

Medicaid Eligibility -“Immigrants, or non-U.S. citizens, who may qualify for Medicaid benefits upon their entry to this country.  “Qualified Immigrant” is as defined by the Illinois Department of Health and Family Services, the administrative body for Medicaid in Illinois as follows:

People who are not U.S. citizens but who fit into one of the following groups are . . . → Read More: Medicaid Eligibility – Immigrants