Illinois Elder Legal Questions

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 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 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 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 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 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 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 Answer

  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 Answer