Veterans Resources 

Veterans Resources 

November 11 is Veterans Day, a day of remembrance and gratitude. In honor of that we have provided some resources below. 

US Department of Veterans Affairs 

The following Veterans Service Organizations are located at the Chicago Regional Office: 

 

VETERAN FOOD PROGRAMS AND SERVICES 

 

Dutton Casey & Mesoloras is equipped with the knowledge and resources to help Veterans and their families complete planning to cover their care and/or ensure loved ones are cared for when a Veteran passes away. 

When you have questions related to elder law, estate planning, special needs, long-term care planning, probate, and guardianship, think of the attorneys at Dutton Casey & Mesoloras. With over 165 years of legal experience, you can depend on our team for the knowledge, advice, and support you deserve to resolve your legal needs. 

To set up a consultation with any of our elder law attorneys, please contact us at 312-899-0950 or send us an email at [email protected]. 

 

Other recommended reading: 

Legal Planning for Living with a Chronic Illness, click here. 

Why Not Use a Power of Attorney from the Internet, click here. 

 

Additional Resources: 

Resources: National Elder Law Foundation — www.nelf.org  

National Academy of Elder Law Attorneys — www.naela.org 

 

This information is not to be considered legal advice.  

10 Common Estate Planning Questions

10 Common Estate Planning Questions

Estate planning involves documents such as wills, trusts, and powers of attorney. If you are just getting started or are working with a loved one to get started on their estate plan, this blog provides the answers to ten frequent questions about estate planning.  

1. Why do I need a Will? 

A Will is a basic estate planning tool in which a person, the testator, states how they would like their estate to be distributed and administered upon death. A basic Will sets forth the name of a person to administer the estate, called an executor, and directs the executor as to how and among whom the estate assets should be distributed. If a person dies without a Will, which the law calls “intestate,” Illinois statute sets forth a hierarchy for distribution of one’s estate. The estate is divided among the decedent’s spouse and children, if any. If there are none, the statute sets forth the hierarchy of heirs who would inherit the decedent’s assets. Therefore, the benefit of having a Will is that it allows an individual to specify to whom those assets should be distributed, which may be vastly different than the default provisions under the statute.  

2. What do I do with my Will?  

Keep the original in a safe place, such as a safe deposit box. It is also a good idea to tell a trusted person where it is kept so that they can collect it upon death. Upon the death of the testator, the Will should be filed with the Clerk of the Circuit Court in the county in which the testator resided. The Will should be filed within 30 days of the decedent’s death. The Will is not filed with the Clerk during the lifetime of the testator.  

3. What happens if my named executor dies?  

An executor is the individual chosen to administer the estate assets per the terms of one’s Will. It is advisable to name not only an executor to a Will but at least one successor executor to act in the event of death or disability of the primary executor declines to act. If there is no named executor or successor executor, then the law sets forth a hierarchy allowing the heirs of the decedent to nominate an administrator of the estate.  

4. What happens if my attorney dies?  

An attorney’s death during the lifetime of their client will not likely have an adverse effect on the client. The client will need to find new representation, but the attorney’s death does not affect the validity of any estate planning documents. There is also no requirement that the nominated executor or trustee hire the same attorney that drafted the estate planning documents, although many choose to do so.  

5. Do I have to leave anything to my children/spouse/relatives?  

The simple answer is no. An individual has no obligation to leave their estate to anyone. However, Illinois law does allow the spouse of the decedent to renounce the Will and take their statutory share of the deceased spouse’s estate (the share the surviving spouse would be entitled to if there was no Will). Additionally, there are statutory spousal and children’s awards designed to offer financial support to surviving spouses and the decedent’s minor or adult dependent children immediately following the decedent’s death.  

6. Is my Will still valid?  

Wills do not expire. However, it is always advisable to periodically review one’s estate planning documents with an attorney to make sure they are still applicable to one’s particular situation. Marriage, divorce, birth or death are common events triggering amendments or revision of estate plans.  

7. Why do I need a trust?  

Trusts are widely used both as a general probate avoidance tool and as a disability planning device. In Illinois, if the total assets held by a decedent upon their death total $100,000.00 or more or the decedent had real estate, those assets must be administered through the court system. This court procedure is called “probate”. Those assets subject to probate only include the assets that were held by the decedent in their name alone, without beneficiaries and outside of a trust. Those assets that are held in a trust will be administered by the trustee and are not subject to the probate process. Unlike Wills, trusts are not filed with the court upon one’s death and are not made part of the public record. The trust document itself sets forth the powers and duties of the trustee with respect to those assets held in trust. Often individuals who establish trusts, called grantors, name themselves as the trustee. It is always advisable for the grantor to name a successor trustee in the event of death or disability. If the trustee becomes disabled, the successor trustee can accept the office and manage those trust assets for the benefit of the original grantor without the need for court intervention.  

8. How do I put my property into my trust?  

Many assets may simply be re-titled in the name of the trust, for example, “John Doe, Trustee for the John Doe Trust dated 10/20/2022.” Some financial institutions may require that existing accounts be closed and then opened under a new trust account number. Real estate is transferred into a trust by executing and recording a Deed in Trust. Some assets, such as stocks or securities, must be reregistered in the name of the trust.  

9. If I have a trust, do I need a Will?  

Usually, if an individual has a trust, they will also have a “pour-over” Will. This Will directs the executor to transfer to the trustee any assets held by the decedent upon their death. The assets are then administered pursuant to the terms of the trust. Therefore, the Will provides a safeguard for those assets that never made it into the trust during the decedent’s lifetime. Without a pour over Will, those assets would be distributed per the Illinois law of intestate succession.  

10. Why do I need Powers of Attorney?  

Powers of Attorney (POA) are instruments which allow a principal to delegate decision making authority to another person, called an agent. Durable powers of attorney continue to be valid if the principal becomes disabled. In Illinois, there are Powers of Attorney for Health Care and Powers of Attorney for Property. As the names suggest, the agent under the power of attorney for health care is authorized to make medical and health care related decisions and the agent under the power of attorney for property is authorized to make broad decisions with respect to financial assets, real estate and personal property. Depending on the terms of the power of attorney, the agency may become effective upon the principal’s signing the document, or may become effective at a certain later date, such as upon the principal’s disability. Valid powers of attorney, executed when the principal is competent, avoid the need for a court-appointed guardian to make decisions for the principal if they become incompetent. 

When you have questions related to elder law, estate planning, special needs, long-term care planning, probate, and guardianship, think of the attorneys at Dutton Casey & Mesoloras. With over 165 years of legal experience, you can depend on our team for the knowledge, advice, and support you deserve to resolve your legal needs. 

To set up a consultation with any of our elder law attorneys, please contact us at 312-899-0950 or send us an email at [email protected]. 

 

Other recommended reading: 

Why You Should Choose an Elder Law Attorney for Your Estate Planning, click here. 

Why Not Use a Power of Attorney from the Internet, click here. 

 

Additional Resources: 

Resources: National Elder Law Foundation — www.nelf.org  

National Academy of Elder Law Attorneys — www.naela.org 

 

This information is not to be considered legal advice.  

What is the Difference Between Medicare and Medicaid?

What is the Difference Between Medicare and Medicaid?

Medicare and Medicaid sound alike, and many people use them interchangeably. However, they are quite different programs. Medicare is a federal program that provides health coverage to insured workers who are age 65 or older or who have a disability. Medicaid is a state and federal program that provides health coverage to persons with low income and, for some Medicaid programs, limited assets. Each state runs its own Medicaid system, but this system must conform to federal guidelines for the state to receive federal money, which pays for about half the state’s Medicaid costs.  

Medicare and Medicaid Coverage of Long-Term Care 

One of the major differences between Medicare and Medicaid is in the context of coverage of long-term care services. Medicaid covers nursing home care for qualified persons. Medicare, however, for the most part, does not cover nursing home care. Medicare Part A covers only up to 100 days (about 3 and a half months) of skilled care in a “skilled nursing” facility per spell of illness. The care in the skilled nursing facility must follow a stay of at least three “midnights” in a hospital. For days 21 through 100, you must pay a copayment of $194.50 in 2022. This may be covered by Medicare supplemental insurance. 

Because of the lack of Medicare coverage and the inflated cost of nursing home care, Medicaid has become the default nursing home insurance program. Most people pay out of their savings for long-term care until they become eligible for Medicaid. Medicare does not cover assisted living or custodial home care (aid with feeding, dressing, toileting, bathing, and moving around). It will supply limited skilled services in the home, though. In Illinois, Medicaid does pay for some home care (usually not more than 20 hours a week) through the Illinois Community Care program administered by the Department on Aging, though it does not pay for live-in caregivers. Medicaid also covers assisted living through its Supportive Living certified facilities (see Additional Resources). 

Medicaid requires an application to be enrolled, while Medicare does not. Medicaid applications are extremely lengthy and often require appeals. There is a 5-year look-back period in which Medicaid requires financial statements going back 5 years. In addition to financial records, there are other documents that need to be gathered for the application. To learn more about what’s needed for a Medicaid application and how we can help you, visit the Medicaid page on our website: https://duttonelderlaw.com/elder-law-medicaid/.  

When you have questions related to elder law, estate planning, probate, and guardianship, think of the attorneys at Dutton Casey & Mesoloras. With over 165 years of combined legal experience, you can depend on our team for the knowledge, advice, and support you deserve to resolve your legal needs.  

If you are interested in setting up a consultation with any of our elder law attorneys, please contact us at 312-899-0950 or send us an email at [email protected]. 

 

Additional Resources:  

 

This information is not to be considered legal advice.  

Kathryn C. Casey on WGN Radio

Kathryn C. Casey on WGN Radio

We are proud to share that Kathryn “Katie” Casey, JD, CELA, was the legal guest on the Karen Conti show on WGN Radio this month. Katie was interviewed as part of WGN’s recognition of National Senior Citizen Day on August 21, 2022.  

Katie gave insight into long-term care planning at any age, asset protection and long-term care insurance – what it does and doesn’t cover – and what to consider in your estate plan and aging care plan. Katie also highlights what sets Dutton Casey & Mesoloras apart from other law firms, such as having a Client Care Coordinator as part of the team to offer support and resources along the journey.  

Check out the interview here. https://wgnradio.com/karen-conti/aging-better-with-the-help-of-an-attorney-of-elder-law/  

If you are interested in setting up a consultation with Katie or any of our other elder law attorneys, please contact us at 312-899-0950 or send us an email at [email protected] 

This information is not to be considered legal advice.  

What is a Fiduciary and How to Choose the Right One(s)

What is a Fiduciary and How to Choose the Right One(s)

Deciding who will make medical and financial decisions for you, should you no longer have the mental capacity, can be daunting. It’s important to know the distinct roles to appoint, who makes a good choice for each role, but also what they literally mean. 

You will hear terms such as “surrogate decision-maker” and “fiduciary”, sometimes with “fiduciary” only referring to financial appointments. However, per Miriam-Webster (2022), the term “fiduciary” means, “of, relating to, or involving a confidence or trust. Fiduciary relationships often concern money, but the word fiduciary does not, in and of itself, suggest financial matters. Rather, fiduciary applies to any situation in which one person justifiably places confidence and trust in someone else and seeks that person’s help or advice in some matter.” They continue, “The attorney-client relationship is a fiduciary one, for example, because the client trusts the attorney to act in the best interest of the client at all times” (2022).  

The fiduciary positions are your agents under power of attorney for property and power of attorney for health care, trustees, and executors. In making these choices of people to act as your fiduciaries, keep in mind what will be expected of them and what authority they will hold.  

Power of Attorney for Property 

A Power of Attorney for Property (POA-P) is a document that allows you to delegate authority to another person, known as your agent, to act on your behalf in financial matters. The agent may be authorized to act immediately, or only when you are no longer able to act for yourself (known as a “springing” power of attorney).  

Examples of the types of authorities you will delegate to an agent under POA-P include  

  • paying your bills 
  • managing your investments 
  • buying and selling real estate

A POA-P can be limited to one decision, or it can be so broadly written that the agent can do almost anything on your behalf. POA forms found online are often broad and do not clearly outline additional powers (or how to limit an agent’s powers). See our related article on online POAs here. The authority you give is dependent upon the document’s language. Powers of attorney are a wonderful tool in the hands of a trustworthy person. Because it comes with tremendous authority, it can be a dangerous tool in the hands of the wrong person. 

Who is the WRONG person to choose? 

  • Someone with a history of personal financial problems of their own 
  • Someone with severe mental illness or substance abuse issues 
  • Someone who is unable to manage their own financial affairs (perhaps due to limited capacity) 
  • Someone who has no knowledge of investments or finances 
  • Someone who has personal conflicts with your other family members 

 

Who is the RIGHT person to choose? 

  • Someone whom you trust without hesitation 
  • Someone who manages their own finances well 
  • Someone who understands investment and finance 
  • Someone who has no history of financial problems and is not in debt 
  • Someone who has the time and willingness to step in and help you if necessary 
  • Someone who does not have conflicts with your other family members 

 

It is a mistake to name a child just because they are the first born, or to name a child because you are concerned about hurting their feelings. Carefully consider a child’s strengths and weaknesses, and potential for misusing or neglecting their job as your financial agent. It sometimes makes sense to name a person other than a child. There are agencies that serve as professional fiduciaries who can serve as your POA-P. 

Power of Attorney for Health Care 

A Power of Attorney for Health Care (POA-HC) is a document that allows you to delegate authority to another person, known as your agent, to make broad health care decisions for you if you become unable to make those decisions for yourself. The agent has authority to decide on all health and care decisions, i.e., withdrawal of life support, treatment decisions, placement in residential care facilities, and home care arrangements – unless otherwise restricted in the POA document. 

Much like the POA-P, it’s key to choose the right person to stand in this fiduciary role. 

Who is the WRONG person to choose? 

  • Someone who does not have the time to spend advocating for you 
  • Someone who is not interested in medical issues or not able to be assertive with the medical system 
  • Someone who may have conflicts, such as a dependent child who lives with you 
  • Someone who does not understand your end-of-life preferences or who is unable to implement your end-of-life wishes 

Who is the RIGHT person to choose? 

  • Someone who is willing and able to spend time advocating for your care 
  • Someone who is assertive and willing to research medical options and discuss them with your medical team (or find a new team) 
  • Someone who understands your end-of-life preferences 
  • Someone who can make the complex decisions you entrust to them, consistent with your wishes 

In addition to Powers of Attorney, you might find the need to appoint the fiduciary role of an Executor and/or a Trustee. 

 

 
Executor of the Estate 

 Your executor is the person you select to have the legal responsibility to settle your estate when you die. An executor usually is only necessary if you do not have a trust in place. 

Sample duties of an Executor of the Estate  

  • Coordinate probate matters with your family attorney 
  • Take custody of and value all your estate assets (or sell appropriately) 
  • Pay all creditors’ claims 
  • Close your bank and investment accounts and transfer them to newly created estate accounts  
  • Distribute your assets to the beneficiaries you’ve chosen in your Will 

Trustee 

If a revocable living trust is part of your estate plan, you will need to choose a successor trustee to step in and act if you become unable to act (as you are the Trustee while you are alive). Your trustee is someone you choose to be legally responsible for managing, investing and distributing your trust assets in accordance with your wishes, and for acting in the best interests of your beneficiaries.  

Sample duties of a Trustee 

  • Filing income tax returns of the Trust 
  • Trust accounting and administration 
  • Investment management Trust assets 
  • Trust distributions to beneficiaries per the Trust terms 
  • Regular communication with and reporting to all Trust beneficiaries 
  • Coordinating trust distributions with public assistance payments to a special needs beneficiary 

Again, you might consider enlisting the services of a professional fiduciary, such as a bank trust or trust company, to serve as a Trustee. It is important not to name a person who has conflicts with any of your beneficiaries. Having the right people in place to handle your financial and health care decisions in the event you become unable to do it for yourself is critical. Give adequate consideration to your choice of agents, trustees and executors! 

At Dutton Casey & Mesoloras, we guide our clients in choosing fiduciaries in their estate plans. For more information, please contact us at 312-899-0950 or send us an email at [email protected] 

This information is not to be considered legal advice.  

New Medicaid Bill Signed into Law

New Medicaid Bill Signed into Law

 Illinois House Bill 4343 was signed into law this month and has significant impact on the community spouse (the spouse not living in a long-term care facility) as it relates to Medicaid eligibility for the spouse living in long-term care. Effective immediately, the monthly allowance for the community spouse is raised from $2,739 per month to $3,435 – the maximum amount allowed under federal law. 
 

It also begins increasing the Illinois Community Spouse Resource Allowance at the rate of 2.5% per year for the next ten years. This is the amount of couples’ resources the community spouse can keep without affecting the Medicaid status of the spouse living in a long-term care facility. 
 

Lastly, it allows the community spouse to receive any additional increases in the community spouse resource allowance that is allowed under federal law during these ten years.  
 

At Dutton Casey & Mesoloras, we make sure to stay on top of new laws and regulations so we may best serve our clients. For more information, please contact us at 312-899-0950 or send us an email at [email protected] 

This information is not to be considered legal advice.  

Illinois Law on Supported Decision-Making

Illinois Law on Supported Decision-Making

Please note: this post is for educational purposes only. It is not legal advice 

Governor Pritzker signed the Supported Decision-Making Act (Public Act 102-0614) on August 27, 2021, with an effective date of 6 months or February 27, 2022. 

Supported decision-making is meant to be a way in-between guardianship for a person with a disability. It allows that person to appoint an Identified Supporter whose duty is to support the person with a disability in making decisions, including health decisions, living choices, work or relationship choices. It gives the person with a disability a choice in their representative while keeping their autonomy.  

The Illinois Guardianship and Advocacy Commission released a fact sheet that reviews what supported decision-making is, when it happens, and some basic principles to follow. 

As the fact sheet outlines, supported decision-making: 

  • It is a way for a person with a disability to get the help they need by thinking about options, making choices, and letting others know what decisions they made 
  • Involves an Identified Supporter as a helper  
  • Increases power and control in the life of a person with a disability 
  • Can lead to better health and well-being of a person with a disability and improve family and community relationships around them 

What is an Identified Supporter?  

  • An Identified Supporter is someone the person with a disability knows and trusts 
  • They can be a friend, family member, coworker, colleague, or a person with professional skills 

How Supported Decision-Making Works 

  • The person with a disability fills out a form called a Supported Decision-Making Agreement which involves: 
  • Outlining what support is needed based on the person’s needs and wants 
  • Making sure that decisions are made by the person with a disability 
  • Being signed by the person with a disability, the Identified Supporter, and two (2) witnesses. 

It should be noted that the Act is very broad in terms of the capacity of the person with a disability. If there is any concern over the decision-making capability of an individual, having a professional assessment is always recommended. 

At Dutton Casey & Mesoloras, we make sure to stay on top of new laws and regulations so we may best serve our clients. This is one way we advocate for people with a disability and their families. For more information, please contact us at 312-899-0950.  

 

This information is not to be considered legal advice.  

Important Information to Know and Keep Current

Important Information to Know and Keep Current

There is a lot to keep track of in life. Paying bills, seeing friends and family, your health…the list goes on. On top of that, it’s important to keep certain documents in order and on-hand, not just to reference them now, but for those you put in place to act on your behalf should you be unable to or for when you pass away. Below are a few categories of information you should know and keep current, and some resources to check out. 

Medical  

  • Information on all medical conditions and surgeries in the last five years. 
  • A list of medications, including the name, dose, and name of the prescriber. 
  • Names, contact information, and patient portal login and passwords for all health care providers (physicians, advanced practice nurses, hospitals, etc.) 
  • Name, phone number, login information and password for pharmacy. 
  • Name and contact information for local professionals 
  • Care manager, therapist, doctor, surgeon 
  • Name, contact information, and the cards for all health insurance and medication plans. 

Insurance  

  • Insurance policies, the carriers, the account / policy numbers, and names of beneficiaries 

Utilities  

  • Names, account number, and contact information for all utilities 
  • Electric, phone, cable, water, internet 

Documents 

  • Safe Deposit Box 
  • Location? Where is the key? Who has access? 
  • Legal documents – originals and copies 
  • Wills, advance directives, trusts, powers of attorney 
  • All amendments, exhibits, attachments, and schedules 
  • Name and contact information for drafting attorney 
  • Location of important documents 
  • Birth certificates, naturalization papers, marriage certificates, death certificates, veteran paperwork 
  • Deed to home(s), mortgage, car titles 
  • Social Security Cards 
  • Health insurance cards 
  • Driver’s license or state ID  

Financial 

  • A list of all assets and debts 
  • Include dollar amount and any account numbers 
  • Monthly income 
  • Monthly expenses 
  • A statement of net worth 
  • Information on bank accounts, other financial holdings, and credit cards  

Additional Resources  

 

At Dutton Casey & Mesoloras, we can help get your documents in order so there is less stress and confusion in times when you are not able to communicate that information. Call us at 312-899-0950 to learn more. 

 

This information is not to be considered legal advice.  

Associate Attorneys Named as Partners

Attorneys Amy Gjesdahl and Melissa Kallio Named as Partners

Two Attorneys Named as Partners

We are thrilled to announce that Attorneys Amy Gjesdahl and Melissa Kallio, CELA, have been named as partners here at Dutton Casey & Mesoloras.
 
“We congratulate Amy and Melissa, both phenomenal attorneys, on this outstanding achievement,” said both Kathryn Casey and Helen Mesoloras, partners in the firm. “The exceptional work of these new partners has played a pivotal role in the success and growth of our firm and has greatly enhanced our ability to serve clients in need.”
Attorney Amy Gjesdahl
Attorney Melissa Kallio, CELA

Amy Gjesdahl, a partner in the firm, is an Elder Law litigation attorney with 11 years of relevant experience. Her practice primarily focuses on highly contested adult guardianships, guardianships for minors, probate estates and financial exploitation matters. Additionally, she practices in uncontested adult and minor guardianships, probate and trust administration and adult protective services matters. Amy serves as court-appointed Guardian ad litem (GAL) and Respondent’s counsel in guardianships. Amy guides her clients through their legal matters with both competency and compassion.  

 

Amy has been named as an “Emerging Lawyer” in the fields of Elder Law and Trust, Will and Estate Planning by the Leading Lawyers Network since 2021. Less than 2% of all lawyers licensed in each state have receive the distinction of Emerging Lawyer. Amy has also been named as an Illinois Super Lawyers “Rising Star” in the fields of Estate and Trust Litigation, Estate Planning and Probate and Elder Law since 2021. The Rising Stars list recognizes no more than 2.5% of attorneys in each state.  

 

Amy has presented on the topics of Financial Exploitation Litigation and GAL and Respondent’s Counsel Advocacy in Guardianships to her peers at the Chicago Bar Association in the Probate and Elder Law committees. She is an active member of the Illinois chapter of National Academy of Elder Law Attorneys and serves on the Litigation and Education committees. 

Melissa Kallio, a partner in the firm, is one of only a few Certified Elder Law Attorneys in Illinois. She concentrates her practice in elder law, which includes Medicaid planning and applications, adult guardianship estates, trust and estate administration, and estate planning. Melissa also serves as a court appointed Guardian ad litem (GAL) and counsel for Respondents in guardianship estates. She frequently presents to attorney, consumer, and healthcare professional groups on a variety of elder law topics.

Melissa has been named as an “Emerging Lawyer” in the field of Elder Law by the Leading Lawyers Network each year since 2018. Less than 2% of all lawyers licensed in each state have receive the distinction of Emerging Lawyer. Melissa has also been named as an Illinois Super Lawyers “Rising Star” in the field of Elder Law each year since 2018. The Rising Stars list recognizes no more than 2.5% of attorneys in each state.

Melissa is a current board member of the Illinois Chapter of the National Academy of Elder Law Attorneys and President elect of the Veterans’ Legal Aid Society. She is a past chair of the Chicago Bar Association’s Elder Law Committee. Melissa is also a member of M-Team, a volunteer multidisciplinary team focusing on combating abuse, neglect, and financial exploitation of vulnerable adults on the north side of Chicago. 

My loved One has Passed – Now What?

My Loved One has Passed – Now What?

By Dutton Casey Mesoloras

Your loved one just died – now what?  Unfortunately, many people will have to ask themselves this question at least once in their lives.  After you have time to grieve the loss, you will need to take several practical steps to administer your loved one’s estate.

Click the link below to read more about estate administration.

My loved One has Passed – Now What

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