×
Go back to Martindale-Avvo ➔

Illinois Elder Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
12 legal questions have been posted about elder law by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Illinois Elder Questions & Legal Answers
Do you have any Illinois Elder questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 12 previously answered Illinois Elder questions.
Elder Law
Illinois

Recent Legal Answers

Elder abuse question

Answered 5 years ago by attorney Terry Lynn Garrett   |   1 Answer
You do not write whether your father has granted a Medical or Durable [Financial] Power of Attorney to you, your sister or anyone else, making it difficult to answer your question.  Ordinarily, your recourse would be to persuade your father not to go.
You do not write whether your father has granted a Medical or Durable [Financial] Power of Attorney to you, your sister or anyone else, making it... Read More

Can my dad gift his house to his kids to prevent nursing home from taking it?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
In most states Medicaid will not pursue estate recovery while the surviving spouse lives in the home.  Consult with an Illinois elder lawyer. You can find one near your father on the website of the National Academy of Elder Law Attorneys (www.naela.org).
In most states Medicaid will not pursue estate recovery while the surviving spouse lives in the home.  Consult with an Illinois elder lawyer.... Read More

I had my guns taken from my house when I was in the hospital last may

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a lawyer to file a Motion for an Order to Show Cause.  If the Motion is granted, she can go before a judge to explain why she has not acted and is in contempt of court.
Hire a lawyer to file a Motion for an Order to Show Cause.  If the Motion is granted, she can go before a judge to explain why she has not acted... Read More

What would happen if my mom was in a nursing home and her funds ran out? She doesn't quality for medicaid in Illinois.

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Medicaid only approves skilled nursing facilities.   To have her room and board and some of her care paid by Medicaid she must have a medical necessity for skilled nursing/skilled nursing supervision or be so advanced in dementia that it is unsafe for her to live elsewhere. She must also meet certain income and asset tests.  If she does no have a medical necessity, there are room and board homes which will take her in exchange for her Social Security.  Contact your local Area Agency on Aging.... Read More
Medicaid only approves skilled nursing facilities.   To have her room and board and some of her care paid by Medicaid she must have a... Read More

My sister is Medical POA and our Mom is in Hospice care inmy sisters home. For whatever reason my sister is now blocking us from seeing Mom. Now what

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
Your mother, not your sister, gets to decide who will visit her.  Report your sister to Adult Protective Services for isolating your mother (the first step to abuse and financial exploitation).  Contact a local elder lawyer about filing an Application for a Temporary Restraining Order, etc.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
Your mother, not your sister, gets to decide who will visit her.  Report your sister to Adult Protective Services for isolating your mother (the... Read More

My question involves a power of attorney in the state of: Illinois

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
If your dad has a legal POA from this guy, your dad is the decision maker. But right, check this with a local IL lawyer.
If your dad has a legal POA from this guy, your dad is the decision maker. But right, check this with a local IL lawyer.

Live in the state of Illinois. Putting dad in nursing home. He owns a home with a morgage yet. Can the nursing home take his home away from him

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer
You need to sit down with a local elder law attorney who is familar with Ill law. THe triggering event for medicaid is the date he becomes eligible for medicaid funding which is after he applies for medicaid, not just entering a nursing home. There is a 5 year retroactive look back period. If you are going to sell his home you should keep the proceeds in an account for his use only and document every expenditure. ... Read More
You need to sit down with a local elder law attorney who is familar with Ill law. THe triggering event for medicaid is the date he becomes eligible... Read More

My mother (94) is a Florida resident. She has been living with me in Illinois. Do we need to contact an Elder lawyer in Florida or Illinois?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer
Probably both. Where she will actually live her remaining life may be here residence and where her estate will be probated. if she has property, especially of value, like a condo, or investment fund, you may want to keep those things in FLA as they have no inheritance tax down there. If there are considerable assets in FLA I would consult with a FLA attorney. They are familiar with snow birds and those who are looking for tax advantages. ... Read More
Probably both. Where she will actually live her remaining life may be here residence and where her estate will be probated. if she has property,... Read More

can a sister of an elderly person get the rights to all doctors and meds and living conditions if the elderly persons children are puting her health

Answered 12 years and 7 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer
  The question is difficult to answer without knowing more information. Is the elderly person competent to manage her own affairs? Is the child operating under the auspices of a power of attorney or has the child been appointed the plenary guardian of the elderly person? Are you willing and able to manage the affairs of your sibling?    Should you want to proceed further, then please contact experienced counsel. This posting is for informational purposes only and does not establish an attorney client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
  The question is difficult to answer without knowing more information. Is the elderly person competent to manage her own affairs? Is the child... Read More

Mom has several falls, now is not going to be able to go home. she has owned her home for 60 years.

Answered 13 years and 5 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer
   Please contact an attorney who handles medicaid planning as soon as possible to determine how to plan for your mother.     This posting does not constitute legal advice nor establish an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
   Please contact an attorney who handles medicaid planning as soon as possible to determine how to plan for your... Read More

i need to find someone who will fight for the rights of a senior citizen.

Answered 13 years and 8 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer
  Your question does not indicate your relationship with this woman. Under Illinois law, a guardian who is a private citizen may not place a ward in a nursing home without the court's permission. If you feel that this woman is being mistreated, rather than disagreeing with the guardian's decisions, you may contact the nursing home's ombundsman or the guardian ad litem who was appointed by the court to report to it prior to granting guardianship. Of course, you can also consult with counsel to determine appropriate legal action. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com... Read More
  Your question does not indicate your relationship with this woman. Under Illinois law, a guardian who is a private citizen may not place a... Read More

How do I get power of atty for my grandma since my mother and aunt, in my opinion, are incompetent?

Answered 13 years and 8 months ago by Lori G. Levin (Unclaimed Profile)   |   2 Answers
  Astrid de Parry is correct in suggesting that you seek the advice of an elder law attorney to determine if filing a guardianship petition is appropriate.  This may be a situation where your mother and aunt need resources and help to best serve your grandmother. Contacting your local Department on Aging agency is also appropriate. The local agency may be able to access services that your mother and aunt may not. If you believe that she is neglected or abused, you may report it to the local adult protective service agency. In Illinois, local agencies are the designees to investigate elder abuse issues but the state serves as the central point for those investigations. The state hotline number is 800-252-8966.In Illinois, the Department of Children and Family Services does not handle issues pertaining to older adults. Please contact an attorney to best advise you. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read More
  Astrid de Parry is correct in suggesting that you seek the advice of an elder law attorney to determine if filing a guardianship petition is... Read More
Elder Law
Illinois

Helpful Resources