By Ben A. Neiburger, Attorney, Generation Law Navigating the complexities of estate planning and elder care can be daunting, especially when faced with ever-changing laws and regulations. To help you stay informed, this post summarizes the relevant legislative changes taking effect in Illinois in 2024 as well as inflation related changes to certain Federal limits in 2024. Whether you’re planning for your own future or assisting a loved one, understanding these changes is crucial to ensuring your wishes are carried out correctly and your loved ones are protected. If you want to know how any of ..read more

By Andrea K. Kovar, Attorney, Generation Law It’s the season of giving, but beware!  Gifting assets could affect your Medicaid eligibility for long-term care benefits down the road Your heart may be in the right place when making gifts to family members and loved ones during the holiday season, but your generosity could end up costing more than you ever expected if you need Medicaid to help pay for long-term care costs in the future. Gifting and Medicaid are like oil and water – they do not mix. If a Medicaid applicant makes a gift within the five-year period (“look-back period”) precedin ..read more

By Andrea K. Kovar, Attorney, Generation Law The Centers for Disease Control and Prevention (CDC) define a Traumatic Brain Injury (TBI) as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury. The injury can affect a person physically, emotionally, or behaviorally. TBIs can happen at birth or may arise later from trauma or an illness. Traumatic brain injuries do not always include an open head wound, skull fracture or even loss of consciousness. Motor vehicle accidents, falls, violence or gunshot wounds, sports and ..read more

By Ben A. Neiburger, Attorney, Generation Law As your children and grandchildren grow and get ready to go off to college (or return to college), a significant shift occurs in their legal status. They become adults in the eyes of the law, gaining the autonomy to make their own decisions and manage their own affairs. As we go through changes in life, we need to be aware of potential medical challenges and decision-making in case of unforeseen circumstances. One crucial aspect often overlooked by parents is the execution of powers of attorney once their child turns 18. A power of attorney is a le ..read more

By Ben A. Neiburger, Attorney, Generation Law Navigating the Pitfalls of Overusing Beneficiary Designations in Your Estate Plan Estate planning is a crucial endeavor that ensures your assets are distributed according to your wishes after your passing. People use beneficiary designations to transfer different assets easily, including bank accounts, life insurance policies, annuities, retirement funds, bonds, and real estate in some states. Although they are convenient and simple, it’s crucial to understand the possible drawbacks and limitations of these designations. Understanding Beneficiary D ..read more

By:  Krystian R. Seebert, Attorney, Generation Law In late April, the Illinois Appellate Court affirmed a decision to allow a man’s adoptive children to receive a share of his estate, even though his will left his entire estate to his brother. In Johnson v. Johnson (2023 IL App (4th) 220488), the decedent created a will that left his entire estate to his brother in 2001. At the time the decedent signed his will, he was a single man. In 2004, the decedent married, but did not update his estate plan. In 2012, the decedent adopted his wife’s then-adult children. When the decedent died in 202 ..read more

By Ben A. Neiburger, Attorney, Generation Law Our last legislative update included new laws passed by the Illinois house and senate the week before the legislative session ended on May 31, 2023. Here are the two other laws that passed after our last update: I.  SB 55 Power of Attorney Visitation (signed by the Governor and became law on June 9, 2023) Provides court oversight is a power of attorney agent refuses visitation access. This legislation enforces a power that judges already have in guardianship court – to determine if someone is being reasonable in denying visitation to a loved ..read more

By Dirk Bromberek, Attorney, Generation Law It isn’t unusual for people to wait until their retirement years to contact an attorney to discuss powers of attorney (and other estate planning matters). The need for powers of attorney is often (and erroneously) associated with aging. Most people do not understand the risks and potential consequences of not having valid powers of attorney. Consider the following scenario: A family member suffers an unexpected traumatic brain injury (“TBI”), as the result of a fall, an automobile accident, or a stroke. As a result of the TBI, the individual no longe ..read more

By Andrea K. Kovar, Attorney, Generation Law Alzheimer’s disease is the most common type of dementia. It affects parts of the brain that control thought, memory, and language. It is progressive, often beginning with mild memory loss and possibly leading to the inability to carry out daily activities. In addition to the legal planning issues that arise with an Alzheimer’s diagnosis, we thought it would be useful to also briefly address the known causes and warning signs of ADRD, as well as the steps you can take to potentially reduce your risk of developing the disease. What causes Alzheimer’s ..read more

By:  Krystian R. Seebert, Attorney, Generation Law We found a recent consensus article from 19 experts who interviewed persons in assisted living care, a setting in which more and more Americans find themselves, and used the results of the interviews to identify 43 recommendations for assisted living. More than 1.6 million people in the US receive long-term care in nursing homes and assisted living communities, more than half of these in assisted living. Assisted living facilities provide room and board, at least two meals per day, around-the-clock supervision, and personal care. Its inte ..read more