Health Information

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Health Information

Legal Planning for Living with a Chronic Medical Condition

In 1900, most people died younger from communicable diseases and after relatively short illnesses. Today, we are more likely to die older from one or more chronic conditions and after an extended period of illness. The decisions involved with planning for disability associated with chronic conditions can be difficult to make. Recognizing that developing a plan is the goal and that plans can (and should) be revised over time may help you assume a proactive role when it comes to legal matters.

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Communication Symptoms with Dementia

“Communication breakdown” in Alzheimer’s disease and other causes of dementia are consistently listed among the stressors for caregivers. Click the button below to review some terminology used in describing the effects of the disease, some of which limits the person who has dementia.

Download Terminology List
POLST (Provider Orders for Life Sustaining Treatment) Form

A POLST form is intended for a person who is seriously ill or with a life-limiting illness. It is a signed medical order reflecting a person's wishes that travels with the person across settings of care that must be honored by all healthcare providers.

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Palliative Care

Living with a serious illness can create physical challenges like pain, symptoms or side effects from medication…and even emotional concerns like anxiety or depression…that can affect your quality of life.

Palliative care is specialized medical care for people with serious illnesses, offering expert pain and symptom management to treat the whole person, at any age, and at any stage of illness.

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How Elder Law and Special Needs Planning Attorneys Can Help People Diagnosed with MS

A series of five videos developed to help those diagnosed with Multiple Sclerosis, and their families and caregivers to understand how elder law and special needs planning attorneys can assist with their particular legal needs.

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Next Step in Care: Family Caregivers and Health Care Professionals Working Together

Next Step in Care, a campaign of United Hospital Fund, provides hospital admission and Emergency Room guides to provide basic information about “observation status” and what to ask. This information is important as it is a rising trend to be in an "observation" rather than "in-patient" in the hospital.

Download Hospital Admission Guide
Download Emergency Room Guide
Download Observation Status Guide
Healthcare Communication Board for Medical, Physical, and Emotional Information

For people who are unable to speak, this tool will assist with communication.

Learn More
Resources for those affected by Stroke

Careliving, a program from the National Stroke Association

Careliving is an online social network that allows caregivers and family members of stroke survivors to connect, share and support one another.

Click here to download the publication.


Stroke Survivors Empowering Each Other (SSEEO)

Providing advocacy, support, education, and resources to stroke survivors and their families.

Click here to learn more.

Tips for Caregivers of People with Dementia

Caring for a person with Alzheimer’s disease at home is a difficult task and can become overwhelming at times. Each day brings new challenges as the caregiver copes with changing levels of ability and new patterns of behavior. Research has shown that caregivers themselves often are at increased risk for depression and illness, especially if they do not receive adequate support from family, friends, and the community.

Download Publication
"End of Life: Helping with Comfort and Care"

Helping With Comfort and Care provides an overview of issues commonly facing people caring for someone nearing the end of life. It can help you to work with health care providers to complement their medical and caregiving efforts. The booklet does not replace the personal and specific advice of the doctor, but it can help you make sense of what is happening and give you a framework for making care decisions.

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Caring for a Person with Alzheimer's Disease

Caring for a Person with Alzheimer's Disease: Your Easy-to-Use-Guide from the National Institute on Aging.

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A Guide for Families of People with Dementia Living in Care Facilities

The Alzheimer’s Association-Greater Illinois Chapter is pleased to offer a free online resource, Encouraging Comfort Care: A Guide for Families of People with Dementia Living in Care Facilities. This 21-page booklet provides useful information to families and staff of long-term care facilities about Alzheimer’s disease and related dementias, particularly care issues related to the late and final stages.

For families, this guide will enable them to make informed choices about a variety of medical decisions they may face on behalf of loved ones with dementia living in nursing homes, assisted living facilities, and other types of care facilities. It will also equip families to ask good questions aimed at obtaining the best care for their loved ones, including a handy checklist of comfort care measures to be discussed with staff members of care facilities.

Download Publication
Frontotemporal Disorders

Few people have heard of frontotemporal disorders, which lead to dementias that affect personality, behavior, language, and movement. These disorders are little known outside the circles of researchers, clinicians, patients, and caregivers who study and live with them. Although frontotemporal disorders remain puzzling in many ways, researchers are finding new clues that will help them solve this medical mystery and better understand other common dementias.
Frontotemporal disorders can be grouped into three types, defined by the earliest symptoms physicians identify when they examine patients.

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Lewy Body Dementia

Lewy body dementia (LBD) is a complex and challenging brain disorder. It is complex because it affects many parts of the brain in ways that scientists are trying to understand more fully. It is challenging because its many possible symptoms make it hard to do everyday tasks that once came easily

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Vascular Dementia and Vascular Cognitive Impairment

Vascular dementia, the second most common form of dementia in older adults after Alzheimer’s disease, and vascular cognitive impairment (VCI) result from injuries to vessels that supply blood to the brain, often after a stroke or series of strokes. The symptoms of vascular dementia can be similar to those of Alzheimer’s, and both conditions can occur at the same time (a condition called “mixed dementia”). Symptoms of vascular dementia and VCI can begin suddenly and worsen or improve over time.

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Housing

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Resources

Housing and In-Home Help

What Is Home Care?

“Home care” is the general term for the services that may be brought into the homes of people to assist them. Individuals served may be recovering from an illness or accident, coping with a chronic illness or facing a terminal illness. The type and amount of home care they use depends on their needs.

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Guide to Choosing an Elder Law Attorney

This resource explains the unique qualifications of an elder law attorney and how to locate one.

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Resident Rights

People who live in care facility residents are guaranteed certain rights, protections and privileges according to Illinois and Federal law. Click to download the following publications:

Resident Rights for People who are LGBTQ+

There are federal residents' rights and nursing home requirements that may be of particular importance to lesbian, gay, bisexual and transgender (LGBT) residents and provides options for complaint resolution, information for reporting abuse and resources regarding long-term care and LGBT advocacy.

Download Factsheet
Medicare Coverage of Skilled Care

This booklet, published by the Centers for Medicare and Medicaid, details how, and when, Medicare will pay for skilled care.

Download Booklet
A Guide to Choosing a Nursing Home

The “Guide to Choosing a Nursing Home” is prepared by the Centers for Medicare & Medicaid Services (CMS). CMS and states oversee the quality of nursing homes. State and Federal government agencies certify nursing homes to participate in Medicare and Medicaid.

Download Guide
A Guide for Families of People with Dementia Living in Care Facilities

The Alzheimer’s Association-Greater Illinois Chapter is pleased to offer a free online resource, "Encouraging Comfort Care: A Guide for Families of People with Dementia Living in Care Facilities". This 21-page booklet provides useful information to families and staff of long-term care facilities about Alzheimer’s disease and related dementias, particularly care issues related to the late and final stages.

For families, this guide will enable them to make informed choices about a variety of medical decisions they may face on behalf of loved ones with dementia living in nursing homes, assisted living facilities, and other types of care facilities. It will also equip families to ask good questions aimed at obtaining the best care for their loved ones, including a handy checklist of comfort care measures to be discussed with staff members of care facilities.

Download Guide

Advocacy / Rights

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Advocacy/Rights

It’s Not All About Death and Taxes: Preventing Elder Financial Exploitation Through Estate Planning

While this article was written primarily for attorneys, the information it contains can be helpful for all.

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Understanding the Four Cs of Elder Law Ethics

Your parent or other elder relative is getting legal advice. Why am I left in the waiting room?

Shouldn’t you be included? After all, you might be very involved in helping him or her with important matters. Perhaps you even arranged for this appointment.

There are several reasons why lawyers need to meet with your family member or friend alone for at least part of the case evaluation process, so please don’t be alarmed or offended. Family involvement is very important, but try to understand the way legal services are provided to elder or disabled clients. It may help first to understand the “Four Cs” of elder law ethics that lawyers are required to follow. We are happy to discuss these ethical guidelines or any other aspect of our legal services. Above all, we seek to promote the dignity, self-determination, and quality of life of your loved one.

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Another Tool to Protect Vulnerable Adults

It might be too late to assist the family of Ernie Banks, whose will was changed in 2014 to the benefit of his caregiver, but this statutory tool will protect others from being victimized by non-family caregivers of persons requiring care. Attorney Janna Dutton, an active advocate for vulnerable adults for over 30 years, as a member of the Illinois National Academy of Elder Law Attorneys wrote a new section of the Probate Act, Presumptively Void Transfers Public Act 098-1093.

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Avoiding Scams Cornering Living Trusts

Not everyone will benefit from a living trust and not everyone who offers them is reputable.

Guide to Choosing an Elder Law Attorney

This resource explains the unique qualifications of an elder law attorney and how to locate one.

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Questions to Ask When Looking for an Elder Law Attorney

This brochure contains questions to ask when looking for an elder law attorney. 

Download Brochure
Educational Resources on Financial Abuse

Baylor College of Medicine, the Texas Consortium on Geriatric Education, and the Investor Protection Trust published resources related to financial protection and resources for assistance.

A Guide to Choosing a Nursing Home

The “Guide to Choosing a Nursing Home” is prepared by the Centers for Medicare & Medicaid Services (CMS). CMS and states oversee the quality of nursing homes. State and Federal government agencies certify nursing homes to participate in Medicare and Medicaid.

Click here to download the publication.

Guardianship

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Resources

Guardianship

Adult Guardianship Timeline

Guardianship is a complex process that requires formal neuropsychological reporting and court rulings. Download the chart which outlines a general timeline for adult guardianship cases as we've experienced.

Download Chart
Managing Someone Else's Money

The Consumer Financial Protection Bureau published a helpful resource guide.

Download Article
Brochure on Guardianship

This brochure contains general information on the topic of guardianship.

Download Article

Medicaid

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Resources

Medicaid

Even Gifts Allowed by the Internal Revenue Service Are Subject to a Penalty for Medicaid

With the 2022 increase of the amount that the Internal Revenue Service (IRS) will allow a person to gift free from gift tax reporting, from $15,000 per person to $16,000 per person, per tax year, there is greater opportunity for tax-free gifting. As a result, any person who gives away $16,000 or less annually to any one individual does not have to report the gift or gifts to the IRS. Gifts to spouses never have to be reported.

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Why Engage an Elder Law Attorney to Prepare Your Medicaid Application

The Illinois Medical Assistance Program (“Medicaid”) is the health care program for individuals who do not have another form of insurance or whose insurance does not cover what they need, such as nursing home or supportive living care. A significant number of people must look to Medicaid to pay for their nursing home and supportive living care. However, the eligibility rules are complicated for applicants for Medicaid long term care.

Read More
Legal Planning for Living with a Chronic Medical Condition

In 1900, most people died younger from communicable diseases and after relatively short illnesses. Today, we are more likely to die older from one or more chronic conditions and after an extended period of illness. The decisions involved with planning for disability associated with chronic conditions can be difficult to make. Recognizing that developing a plan is the goal and that plans can (and should) be revised over time may help you assume a proactive role when it comes to legal matters. 

Read More
How to Pay for Skilled Care

One of the things that concerns most people about a nursinghome is how to pay for that level of care.

Read More
What is the Difference Between Medicare and Medicaid?

Medicare and Mediciad sound alike and many people use the words interchangeably. However, they are two different programs.

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Special Needs Trusts

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Resources

Special Needs Trusts

Special Needs Trusts

A Special Needs Trust can be an important tool for a disabled individual who is, or may become eligible, for Supplemental Security Income or Medicaid but has excess assets preventing eligibility. Supplemental Security Income (SSI) is the Social Security program that grants income to people who are age 65 or older, blind or disabled with limited income and assets.

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ABLE Accounts

“ABLE” Accounts are a recent creation of federal law designed for individuals with disabilities to allow them to have a tax-free savings account which does not affect eligibility for public benefit programs such as SSI and Medicaid. States must establish the ABLE Account Programs. The new Illinois ABLE Account program is administered by the Illinois Treasurer’s office.

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Special Needs Planning

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Resources

Special Needs Planning

Special Needs Trusts

A Special Needs Trust can be an important tool for a disabled individual who is, or may become eligible, for Supplemental Security Income or Medicaid but has excess assets preventing eligibility. Supplemental Security Income (SSI) is the Social Security program that grants income to people who are age 65 or older, blind or disabled with limited income and assets.

Learn More
Planning Guide for Parents of Children who have Special Needs

This article details action items to take when you have a child, of any age, who has special needs.

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Legal Planning for Living with a Chronic Medical Condition

In 1900, most people died younger from communicable diseases and after relatively short illnesses. Today, we are more likely to die older from one or more chronic conditions and after an extended period of illness. The decisions involved with planning for disability associated with chronic conditions can be difficult to make. Recognizing that developing a plan is the goal and that plans can (and should) be revised over time may help you assume a proactive role when it comes to legal matters. Click here to read an article, written by Janna Dutton, Certified Elder Law Attorney, regarding this important topic.

10 Costly Mistakes to Avoid When Planning for a Loved One with Special Needs

Attorney Kathryn Casey is a member of the Academy of Special Needs Planners. She has the experience, knowledge, and compassion needed to assist you in planning for your loved one.

Download Booklet

Learn how we can assist your family

Brochure on Guardianship

This brochure contains general information on the topic of guardianship. Click here to download the publication.

Healthcare Communication Board for Medical, Physical, and Emotional Information

For people who are unable to speak, this tool will assist with communication. Click here to download the publication.

Elder Law

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Resources

Elder Law

Why You Should Choose an Elder Law Attorney For Estate Planning
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Guide to Choosing an Elder Law Attorney
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Important Information to Know and Keep Current
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Why Work with an Elder Law Attorney for Medicaid

The Illinois Medical Assistance Program (“Medicaid”) is the health care program for individuals who do not have another form of insurance or whose insurance does not cover what they need, such as nursing home or supportive living care. A significant number of people must look to Medicaid to pay for their nursing home and supportive living care. However, the eligibility rules are complicated for applicants for Medicaid long term care.

Read More
Understanding the 4 C's of Elder Law Ethics

Your parent or other elder relative is getting legal advice. Why am I left in the waiting room? Shouldn’t you be included? After all, you might be very involved in helping him or her with important matters. Perhaps you even arranged for this appointment.

Read More

Estate Planning

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Resources

Estate Planning

Why You Should Choose an Elder Law Attorney

You have decided to take the advice of your friends, family and financial planner and have your estate planning documents prepared. Who should you hire – a traditional estate planner, or, an elder law attorney?

While most elder law attorneys are estate planners, most estate planners are not elder law attorneys. Traditional estate planners focus on the transfer of your property at your death and minimization of estate taxes. While elder law attorneys also plan for transfer of property at your death as well as estate tax minimization, in addition, the attorneys formulate plans that also help protect your assets while you are alive, both from the expense of long term care as well as from financial exploitation in your later years. Also, elder law attorneys craft plans that protect you and your estate if you become incapacitated.

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10 Common Estate Planning Questions

Estate planning is needed by everyone, regardless of age and financial status. This article answers the 10 ten most asked questions.

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Legal Planning for Living with a Chronic Medical Condition

In 1900, most people died younger from communicable diseases and after relatively short illnesses. Today, we are more likely to die older from one or more chronic conditions and after an extended period of illness. The decisions involved with planning for disability associated with chronic conditions can be difficult to make. Recognizing that developing a plan is the goal and that plans can (and should) be revised over time may help you assume a proactive role when it comes to legal matters. 

Download Article
Important Information to Know and Keep Current

You may know to keep estate plan documents updated and in a place for specific people to locate, but there are additional documents/information to have at-the-ready for emergencies or end-of-life preparation.

Download Article
It’s Not All About Death and Taxes: Preventing Elder Financial Exploitation Through Estate Planning

While this article was written primarily for attorneys, the information it contains can be helpful for all. Download  the article below.

Download Article
Avoiding Scams Concerning Living Trusts

Not everyone will benefit from a living trust and not everyone who offers them is reputable.

Why Not Use a Power of Attorney Form From the Internet

A durable power of attorney form is one of the most important estate planning documents you can have. It allows you to appoint someone to act for you (your “agent” or “attorney-in-fact”) if you become incapacitated.

Download Article
Managing Someone Else's Money

The Consumer Financial Protection Bureau published three helpful resource guides.

Family Caregiver

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Resources

Family Caregiver

Family Caregiving at the Holidays

When families live far away from one another, the holidays may be the only opportunity that long-distance caregivers and family members have to personally observe older relatives. Decline can happen quickly. Family members who haven't seen their aging loved for a while may be shocked at what they see: a formerly healthy father looking frail, or a mom whose home was once well-kept now in disarray.

Click here to download the publication written by Erin Vogt, LCSW, a social worker and client care coordinator at Dutton Casey & Mesoloras.

Tips for Helping Family Members with Finances

Click here to download the publication written by Erin Vogt, LCSW, a social worker and client care coordinator at Dutton Casey & Mesoloras.

Guide to Choosing an Elder Law Attorney

Do you know what to look for in an elder law attorney and the firm as a whole? This resource explains the unique qualifications of an elder law attorney and how to assess an elder law firm when considering engaging in their services. 

Download Article
The Family Caregiver; A Guide to Doctor Visits

Doctor visits can often be a source of conflict between patients and their family caregivers, who may have different ideas about the things to discuss with the doctor. This guide, from the United Hospital Fund, provides practical tips to help patients and family caregivers coordinate agendas before an appointment and to communicate effectively together during the doctor visit - tips that will help avoid conflict as well as get the most out of the encounter with the doctor.

Important Information to Know and Keep Current

You may know to keep estate plan documents updated and in a place for specific people to locate, but there are additional documents/information to have at-the-ready for emergencies or end-of-life preparation.

Download Article
Home Safety Video from the Family Caregiver Alliance
Role of the Power of Attorney for Property

Attorney Janna Dutton, JD, CELA has written a comprehensive article about the Role of the Power of Attorney for Property. 

Read the Article
Managing Someone Else's Money

The Consumer Financial Protection Bureau published three helpful resource guides.

Why You Might Be Left Out of a Relative's Meeting with an Elder Law Attorney

When you bring a family member or friend to meet with an elder law attorney, you might expect to sit in on the consultation. However, elder law attorneys need to meet with their clients alone for at least part of the consultation, so be prepared to spend time in the waiting room.

Click here to read the brochure from the American Bar Association that explains The Four C's of Elder Law Ethics.

Resources for those affected by Stroke

Careliving, a program from the National Stroke Association
Careliving is an online social network that allows caregivers and family members of stroke survivors to connect, share and support one another. Click here to download the publication.

Stroke Survivors Empowering Each Other (SSEEO)
Providing advocacy, support, education, and resources to stroke survivors and their families.
Click here to learn more

Resource for Veterans

The Veterans Administration has established a National Caregiver Support Line for Caregivers of Veterans — spouses, children, other family members and friends of Veterans as well as Veterans themselves. The purpose of the support line is to provide a centralized location for information and support regarding providing care for a Veteran. The support line responders are licensed social workers who provide guidance, education on VA programs and benefits, information on community resources, and emotional support. When a Caregiver or Veteran needs additional assistance or a connection to their local VA medical center, a referral is made to their Caregiver Support Coordinator.

To reach the VA Caregiver Support Line call toll free 1.855.260.3274. Operating hours are Monday through Friday, 8 a.m. to 11 p.m., Eastern Standard Time and Saturday, 10:30 a.m. to 6 p.m., Eastern Standard Time.

Obtaining Local Resources

The Illinois Department on Aging contracts with local agencies to assist people locate resources and services. Click here for information on these agencies.

Healthcare Communication Board for Medical, Physical, and Emotional Information

For people who are unable to speak, this tool will assist with communication. Click here to download the publication. Click here to download the publication.

Tips for Caregivers of People with Dementia

Caring for a person with Alzheimer’s disease at home is a difficult task and can become overwhelming at times. Each day brings new challenges as the caregiver copes with changing levels of ability and new patterns of behavior. Research has shown that caregivers themselves often are at increased risk for depression and illness, especially if they do not receive adequate support from family, friends, and the community. Click here to download the publication.

A Guide for Families of People with Dementia Living in Care Facilities

The Alzheimer’s Association-Greater Illinois Chapter offers a free online resource, Encouraging Comfort Care: A Guide for Families of People with Dementia Living in Care Facilities. This 21-page booklet provides useful information to families and staff of long-term care facilities about Alzheimer’s disease and related dementias, particularly care issues related to the late and final stages.

For families, this guide will enable them to make informed choices about a variety of medical decisions they may face on behalf of loved ones with dementia living in nursing homes, assisted living facilities, and other types of care facilities. It will also equip families to ask good questions aimed at obtaining the best care for their loved ones, including a handy checklist of comfort care measures to be discussed with staff members of care facilities. Click here to download the publication.

Legal Planning for Living with a Chronic Medical Condition

In 1900, most people died younger from communicable diseases and after relatively short illnesses. Today, we are more likely to die older from one or more chronic conditions and after an extended period of illness. The decisions involved with planning for disability associated with chronic conditions can be difficult to make. Recognizing that developing a plan is the goal and that plans can (and should) be revised over time may help you assume a proactive role when it comes to legal matters. Click here to read an article, written by Janna Dutton, Certified Elder Law Attorney, regarding this important topic.