In honor of our loved ones, we would like to recognize our relatives who have served:

• Managing Partner Kerry Peck and associate Brandon Peck would like to recognize their father/ grandfather, Joseph Peck, for his service in WWII and Kerry’s father-in law, Harry Weiss, for his service in WWII.
• Partner Ken Bloom and his wife Tammy would like to honor Tammy’s great uncle, the late Hy Less, who served with honor in WWII.
  
• Senior attorney Peter Coorlas would like to honor his father, Stratte Coorlas, who served in World War II, his uncle, Stanley Lallas, who served in the Korean War, his uncle, Dean Coorlas, who served in WWII and received a purple heart for his efforts in the Battle of the Bulge, and his father-in-law, Christ Atsaves, who served in WWII.
• Senior Attorney Cameron DeGuerre would like to honor her grandfather, Mel Creamer, for his service in the navy during WWII, her close family friend, Richard Weeks, for his service in Vietnam, her close family friend, Dominic Mers, for his service in Iraq and her close family friend, Captain Nick Pianalto, for his service as a Missouri National Guardsman in Iraq.
• Senior Attorney Timothy Ritchey would like to honor his father, Dick Ritchey, for his service in the Vietnam War.
• Associate attorney Katie McClanahan would like to honor her grandfather, Wayne McClanahan, for his service in World War II.
• Associate attorney Jesse Footlik would like to honor his grandfather, Milton Levy, for his service in WWII.
• Office manager Erin Schuster would like to honor her grandfather, Raymond Hitti, for his service in WWII.
• Receptionist, Nikki Gabrys would like to honor her father, Grant Gabrys, for his service in the Vietnam War.
• Marketing Coordinator, Kate Konieczny, would like to honor her grandfather, Larry Mulvaney, for his service in the navy during WWII.
• Legal Assistant Anne Rodgers would like to honor her brother, Dick Rodgers, who served and gave his life while serving in the Air Force and her uncle, Harry Scott, who served and gave his life in WWII.
• Legal Assistant Danielle Jones would like to honor her grandfather, Willard Lindberg, for his service in WWII.
• Legal Assistant Jessica Sznajder would like to honor her close friend, Roland LeBlanc, who was awarded a purple heart for his service in Afghanistan.
• Legal Assistant Melissa Foxworth would like to honor her grandfather, Robert Richardson, for his service in WWII and her grandfather, Edward Foxworth, who was awarded the Medal of Honor and a purple heart for his service in WWII.
• Law clerk Katie McArdle would like to honor her grandfather, Windy Brees, for his service in the Korean War and her cousin, Jordan Hohimer, for his service in Afghanistan.

This blog is hosted by our good friend Susan Avello, who is not only the author of two books on caregiving, but also a partner at AgingInfo USA- a company that connects caregiving resources with corporate America.

*For the full article, CLICK HERE.

Forbes contributors Danielle and Andy Mayoras wrote a recent article on L’Oreal heiress Liliane Bettencourt being determined mentally unfit to manage her affairs by the French court. Before the ruling, Bettencourt had already been financially exploited, with more than one billion dollars being stolen from her estate by her photographer and close friend. She had also changed her will in the process leaving everything to this close friend and had not been paying taxes on her money. The court appointed Bettencourt’s children to control her estate.

According to the article, Bettencourt is number 15 on Forbe’s billionaires list. Yet, even with all the money in the world to hire attorneys and financial planners- she was taken advantage of. Therefore, lets take a look at some of the obstacles Bettencourt faced, that most seniors do, and how you can protect and prepare yourself.

The person exploiting Bettencourt was a “close friend”.

This may come as a suprise to you, but it is not the unknown criminal that is robbing our seniors. Most abuse cases are perpetrated by the people closest to the the senior: caretakers, children, and friends.  While you are creating your estate plan, remember: who do you trust to make decisions that are best for YOU and cares more about YOU and YOUR well being rather than your money. Also, update your estate plan every few years- circumstances change!

Bettencourt does not want her daughter to control her estate.

No one wants to lose control of making their own decisions. Guardianship trials can often tear families apart deciding whether mom or grandma really needs a guardian – and if so, who should it be? Although the senior you love may not agree with you dragging them into court, keep reminding yourself, and them- it is for their best interest. Also remember, even though you are guardian, you should still consider what your loved one prefers- where does SHE want to live? What would SHE want to do with her money? (i.e. art classes, caregiver preferences.)

Bettencourt changed her will leaving everything to her photographer/close friend.

Often a diagnosis of dementia can come AFTER it is revealed that someone has been financially exploited or unduly influenced to change their will. This is where it is imperative that we take a look at the ethics of the attorney who agreed to draft a new estate plan when the creator did not have capacity. Also, who were the witnesses present? These issues all can come up in court during the guardianship trial or even after death in a will contest.

Bettencourt had not been paying taxes on her money.

Often without a guardian or power of attorney, seniors with dementia can get into a lot of financial trouble on their own. They can forget to pay their bills, mortgage and/or taxes. If you have a loved one who is independent, you have several options to ensure their finances are being remembered. There are companies you can hire that will work with seniors just to pay bills. Also, a power of attorney for property can also authorize a TRUSTED loved one to assist with finances. If the senior already has dementia, guardianship is the best option to ensure all their financial decisions are taken care of.

*For the full Forbes article, CLICK HERE.

The Chicago Sun Times reported that three siblings in Aurora, Illinois neglected their elderly mother to the point that when medical professionals evaluated her- her leg had to be amputated from Gangrene and  a 3-inch deep open wound was found in her back. All three children had a criminal history- ranging from drunk driving records to drug manufacturing.

The article’s author, Erika Wurst, sites the staggering statistics. Wurst writes, “more than 76,000 Illinois residents over the age of 60 are elder abuse victims. However, only 8,000 elderly victims are reported to the Elder Abuse and Neglect Program annually. “

Although in this case, the law has now stepped in to appoint a guardian and ensure this senior is protected, it still raises the question I always pose and have yet to receive an answer: How can we prevent our children from abusing their own parents?

Also, how can we ensure seniors in our community are provided with wellness checks and cases of elder abuse are prevented, or caught before it is too late? Recently, our firm joined a group that is aiming to do just that- ensure seniors who are living independently have the resources and support  to live a healthy life. The Chicago non-profit group is called “Lincoln Park Village” and they provide vetted volunteer and referral services to older adults such as: housekeeping, home health, wellness evaluations and transportation.

I appreciated this group’s mission because elder abuse can only be solved with a community effort. It takes a team of people: elder law attorneys, guardians,  geriatricians, social workers, nurses, case managers, home health agencies, and more to make sure each seniors well being is protected.

Not Every Will Is Straightforward

Greed and jealousy can rear their ugly heads among normally loving relatives if there is a lot at stake. In many cases, relatives will hire probate attorneys to contest a will that has left them out of the picture. A standard will can be difficult to interpret or uphold in court if those contesting it have hired experienced Chicago probate attorneys. The more scrutiny your will is under, the less likely it will stand up in probate court if you haven’t attended to the details by working with estate attorneys when drafting it.

Estate Lawyers In Chicago Can Craft A Customized Will

Estate lawyers can help write a will that addresses any unusual wishes you might have. For example: If you die unexpectedly and don’t want your children to have full access to your assets while they are still minors. Consulting with Chicago probate attorneys or estate attorneys can help you structure your estate and establish a trust fund or restricted account, protecting the bulk of the estate until your children are old enough to handle it responsibly.

Estate attorneys can also help you address issues such as who will raise your children and what to do with your home when you pass away. There are dozens of other issues to contend with as well, estate lawyers in Chicago or you local area can advise you on how to address these concerns properly.

Death And Taxes: Coping With A Sure Thing

Unfortunately both death and taxes are unavoidable, that is why consulting with estate attorneys sooner rather than later is essential. Inheritance taxes are complex and can vary widely from state to state. Estate Planning attorneys are often also CPA’s and are well versed in tax law issues surrounding wills and estates. They can offer suggestions and can recommend an appropriate tax attorney. Experienced estate lawyers and probate attorneys can help you understand the tax ramifications of your death so that you can prepare now, and have your family protected later.

Using A Standard Will Template Can Lead to Problems

Do not be lulled into assuming that writing a will using a standard template will protect your heirs. Your seemingly simple instructions can quickly mushroom into a family feud or a battle of the probate attorneys. Printing a form off of the Internet does not guarantee your wishes will be followed, the form may not even be legal, may not cover all areas of your estate and even if it does, without an attorney, you cannot ensure you have signed the document properly for it to be recognized by the court.

By planning now and working with estate attorneys can minimize family strife and greatly reduce the chance that your heirs will need probate attorneys to fight for their rights. Protect your heirs properly by meeting with estate attorneys now rather than waiting until it’s too late.

Until recently, elder abuse and elder discrimination often went unchecked simply because there were so few laws to protect the rights of the elderly. Fortunately, recent changes at the state and federal level have begin to put some elder laws into place. A Chicago litigation lawyer can now represent his clients more effectively because there are specific statutes and laws that can be applied to legal situations such as fraud, neglect or abuse of the elderly. Elder law lawyers will have an in-depth grasp of litigation as well as probate laws, making them particularly suited to successfully represent an older adult’s rights in court.

New Legal Issues As Our Country Ages

Aging and a longer lifespan has not always been an issue in our society. Health issues, financial concerns and other issues that are commonplace for today’s graying population were relatively rare just a few decades ago. Today, the field of elder law addresses issues such as Alzheimer’s disease planning, Dementia planning and guardianship and cognitive problems in seniors and adults with disabilities -to name a few.

One of the most prevalent problems for the oldest members of society is the potential for physical or emotional abuse by home health care providers and staff members at nursing, critical care, and assisted living facilities. Government offices at the national and local levels were reluctant to pass legislation on these issues, but Chicago elder law lawyers were instrumental in raising awareness of these issues and lobbying for change. Today, you can find community seminars, government agencies and college-level courses all addressing elder law issues.

What Does Elder Law Encompass?

Although there is no official designation for elder law, there are several issues that commonly fall under this term. Any kind of abuse or neglect of the elderly is considered an elder law issue, regardless of whether the abuse is at the hands of a relative or a paid caretaker. In order to fully represent a client in this situation, a litigation lawyer must work closely with the individual or his or her representative in order to establish a case. Because legal precedent is limited for these cases, an attorney faces impressive challenges.

Elder law also addresses scams, extortion schemes and other issues surrounding long term care, disposition of money, and end-of-life issues. A seasoned litigation lawyer who has handled elder law issues in the past can help elderly clients review their options and make sound choices.

If you or an older adult you love is facing a legal issue, it’s vital that you contact a litigation lawyer who practices in the field of elder law. Qualified and experienced elder law lawyers can answer your family’s questions and competently represent you or your loved one to ensure elder abuse or neglect isn’t part of your future.

Although the Chicago Sun Times is pushing this as ‘breaking news,’ as an elder law attorney I see it everyday and unfortunately, when the family is already in crisis mode. Clients come to our office after their father or grandfather has already been scammed out of thousands of dollars through gifts, forged checks, or false powers of attorney. As a caretaker of an older adult, always take into consideration that the “bad people” of the world may not always be in robbers garb, but could be the kind woman at church who has taken a recent interest in a widowed elderly man, or the maid who has access to the older adult’s home and can come and go as she pleases.  Independent seniors, simply looking for companionship, can be vulnerable to these attacks. Elder abuse comes in all shapes and sizes.

Always contact a Chicago elder attorney if you suspect financial exploitation. Even if financial exploitation has not occurred, contact a Chicago elder law attorney to offer ways to plan ahead to protect and monitor the older adult’s estate. Peck Bloom was hired by the City of Chicago to help re-write the Elder Abuse and Neglect Act and has years of experience fighting financial exploitation of older adults in the courtroom.

For the full Chicago Sun Times Article, please click here.

In this blog, our own senior attorney Cameron DeGuerre writes about the importance of hiring an elder law attorney when dealing with older adult legal issues.

http://niles.patch.com/blog_posts/elder-law-attorneys-important-people-for-caregivers-to-know

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*To learn more elder law attorney Cameron DeGuerre, please visit her biography.

The guidance you can get from guardianship lawyers, elder law and probate attorneys can ease the overwhelming tension of a family dispute. Please consider these factors when deciding to retain counsel.

Show me the Money

If there’s the potential for significant amounts of money to change hands, it’s likely that one or both parties will resist settling things out of court. Someone will take the problem before a judge, hoping to maximize their inheritance or monetary compensation and what they feel they deserve – rather than what the drafter of the will or trust intended. In order to ensure your interests are represented and properly communicated according to Illinois law, hire an estate litigation lawyer.

Reading Between the Lines

Has someone disputed a will in which you are entitled to a portion of the estate? Is a power of attorney for health care or property being misused in order to benefit the agent rather than the elderly person? Whatever the case, seek out an elder law lawyer with litigation experience to clarify, defend or refute the interpretation of the documents in question.

Protect YOUR Interests

The minute you learn any other party has retained an estate litigator, or filed anything in Court, you should start looking for a will and trust litigation lawyer yourself. Don’t wait to try and defend yourself. Although you think you may be saving money on legal fees, waiting until the case becomes messy to ask for help may result in the attorney being unable to help you or legal fees mounting more rapidly as drastic measures must be taken. The earlier you hire your own elder law attorney, the more time they will have to properly prepare to defend your case.

Confidence in the Courtroom

Sometimes you just know in your gut that the dispute you’re involved in won’t be resolved easily. In most legal situations, you’ll probably feel a bit overwhelmed standing in front of a judge or working your way through the legal jargon; that’s natural. After all, you didn’t attend years of law school and you don’t have the experience of a practiced will and trust litigation lawyer. Always ensure that the elder law attorney you are hiring has litigation experience in the probate and guardianship courts. Ask if they know the judge that has been assigned to your case, the opposing counsel or if they have argued in both the state and federal courts.

Remember, the only reliable legal advice you can get isn’t through the grapevine  or the Internet, but by consulting an attorney yourself.

If you’re in the process of creating your estate plan or are still researching your options, the tips below can point you in the right direction and help you avoid the common mistakes that can result in a will or trust litigation lawyer dragging your estate through the court system.

1. The Time To Consult A Will Attorney Is Now, If Not Yesterday

Regardless of how seemingly insignificant your current assets are, you should prepare in advance to protect your legacy and your family’s best interests. You need to decide how you want your assets divided and who will inherit what from you. In order to make it easier for the executor of your estate to retrieve and distribute your assets, make sure you have a complete inventory of your assets. If you have a will attorney, make sure they have a copy of your assets as well.

If you’re young and have significant assets, handling your estate properly becomes even more complex. Parents, children, and siblings may all expect something, and if you don’t have a will, you can expect at least one litigation attorney, if not more, will become involved.  An estate planning lawyer can ensure your will is drafted properly and executed correctly so there are no if, ands or buts. State laws can also cause problems, so be sure you work with an Illinois will attorney who is familiar with every aspect of wills and estates in your area.

If you have a substantial estate with assets in many different forms, it’s essential that you talk to a will attorney who can understand the complexities of your assets. You may also want to discuss your assets with a financial planner, who can work along side your attorney at your request. Be sure to have deeds and other paperwork needed to transfer properties when you consult your attorney. Having your paperwork organized and prepared will allow the estate planning process to go smoother and allow the lawyer to draw up a truly comprehensive will that won’t run into problems.

2.Drafting Your Estate Plan Without Consulting A Will Attorney Can Be Unfortunate

Instant access to all kinds of information on the Internet can lull you into a false sense of security. While there are websites that allow you to prepare a simple will, you won’t get the personalized service and comprehensive knowledge of the law that you receive from a will attorney. Keep in mind that every situation is different, and a “one size fits all” approach to your will can mean crucial portions of your estate won’t be covered by the standard wording of an Internet form.

A will attorney can go over your assets with you in detail and suggest a variety of options that will maximize the value of your estate and minimize problems during probate. The document drawn up by your attorney will clearly outline your wishes and take any unusual circumstances into account. If you opt for a “fill in the blank” will, you dramatically increase the odds that someone in your family will hire a litigation attorney, resulting in a long, distressing legal battle.

3. Back Up Your Information

If you’ve prepared your will and have it stashed in a safety deposit box somewhere, you’ve made a common mistake. If, when you pass away, no one else has access to or knows about your safety deposit box, your estate can become a legal nightmare. Even having only one copy of your will in an easy to access location isn’t enough to fully protect you. Damage or loss can reduce your will to nothing. Your will attorney should retain one copy, you should hold one yourself, and a trusted family member or friend should have a third copy.

Preparing your last will and testament on your own is always risky. Contact a will attorney. He or she can guide you through the complex laws surrounding your assets and craft a document that ensures your heirs will honor your wishes and benefit from your estate as you intended.

Disclaimer: While the following tips can help guide you as you prepare a will, it is not a substitute for legal representation or legal advice. Please consult with an attorney who can advise you regarding your specific situation.