Ben Neiburger

Founder,

Generation Law

February 2023

The Elder Law Minute is Back!

So, it’s been quite a while since we sent out new information and it’s been an exciting couple of years.

We’ve prepared a wide-ranging summary of new laws we think you’ll find interesting or helpful. If you have questions about these (we’ve been brief and haven’t explained all the nuances) and how they can help you or someone you care about, email or calls and one of our attorneys will be happy to talk to you about it. Remember, these summaries are not legal advice, so don’t rely on them without your lawyer on your side.

FEBRUARY'S NEWS TO KNOW

Generation Law Partner, Melissa Johnson, has been quite busy since the last Elder Law Minute. In addition to zealously advocating for our clients in court, Melissa just ended her term as President of the Illinois Chapter of the National Academy of Elder Law Attorneys for 2021-2022. IL NAELA flourished under Melissa’s leadership as she continued to serve on multiple committees and even introduced a brand new litigation-focused roundtable, aptly named “Litigationpalooza,” debuting in 2023! This type of leadership allows the Generation Law team to collaborate with other practitioners and to stay on the cutting edge of best practices for our clients.

Generation Law attorneys also recognize the importance of staying involved with legislation that could impact our clients. Just this past summer Melissa was honored to present State Representative Natalie Manley with IL NAELA’s Legislator of the Year Award for her tireless efforts on behalf of the elder law community.

In addition to her work as NAELA President Melissa was also selected to serve on the Illinois State Bar Association’s Elder Law Section Council where she is on the Guardianship and Legislative Subcommittees.

As if that weren’t enough, Melissa has also become involved with the Illinois Institute of Continuing Legal Education serving as a moderator for their wildly popular Elder Law Short Course and for their upcoming Guardianship Institute.

Kudos to Melissa for her efforts outside the courtroom!

Leadership Activities

Ben continues to serve (with Melissa Johnson) on the legislative committee of the Illinois Chapter of the National Academy of Elder Law Attorneys where there are weekly meetings during the legislative season with lobbyists to promote legislation that benefits seniors and issues important to our clients. Ben helped to propose a new bill in 2023 to force financial institutions to accept valid powers of attorneys.

In January 2023, Ben joined the Board of Directors for the Elmhurst Chamber of Commerce and Industry (Ben has been an active member for 20 years)

Triathlons

As for everything else, 2021 was a bad year for triathlons, so Ben skipped them all choosing to train on his bike trainer in his basement watching as many Netflix series as his training schedule permitted.

To make up for it, 2022 was the year for two truly epic triathlons.

The first was the Escape from Alcatraz Triathlon in June. Jumping off a boat at Alcatraz Island, swimming to shore in 55 degree water and a fast current with 1200 other crazy people, biking the San Francisco hills under the Golden Gate Bridge (in the rain), and running up the infamous sand ladder after a wet beach and trail run.

Norseman in August 2022 (after deferring the race for two years), the top of every serious triathlete’s bucket list. Includes near death experiences, crazy cold water, biking up a mountain into freezing weather, and “running” up Zombie Hill. See blog entry.

Ben has not set his sights on anything special yet in 2023. He might train for an extreme triathlon in Nepal in 2024 (at age 55!) after he tests his body’s ability to do stupid endurance things at altitude in 2023. 

Speeches and Publications:

2021

April – DuPage Foundation: “The Top 10 estate planning strategies for seniors.”

May – Illinois Institute for Continuing Legal Education Estate Planning Short Course: “Know Your Tool Kit: How Planners Can Address Select Guardianship and Public Benefits Concerns” (while Ben presented this, one of our associate attorneys, Robyn Phelan, helped write the speaking materials)

October - Illinois Institute for Continuing Legal Education Elder Law Short Course – “Digesting the Alphabet Soup of Public Benefits.”

December - DuPage County Bar Association – Elder Law Section: “The Elder Law Consultation (How to help client survive family s*hit storms when the wheels come off of their trains.”

2022

May - Illinois Institute for Continuing Legal Education Estate Planning Short Course: “Special Needs Trust Basics: SSI & SSDI” (Outline written with associate attorney Robyn Phelan)

September - Illinois State Bar Association Estate and Trusts Section Newsletter, “The Estate Administration Checklist”

November - Illinois Institute for Continuing Legal Education Elder Law Short Course: Tax Planning for the Elderly: You Don’t Want to Miss This” (written and presented with associate attorney Krystian Seebert)

November - Arbor West Neighbors (Oak Park) “End of Life Program”

December - Illinois Institute for Continuing Legal Education Practice Handbook: Estate Planning for Retirement Benefits 2023 Edition. Ben co-wrote a chapter in the handbook on, you guessed it, retirement benefits