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ELDER LAW • ESTATE PLANNING • WILLS & TRUSTS • GUARDIANSHIP & PROBATE LITIGATION

Summer is the season of vacations and travel.


If you are disabled or traveling with a disabled family member/loved one this summer, check out this useful article on the Thrillist website that discusses resources to help navigate travel while disabled.

July is Disability Pride Month


The month of July is dedicated to celebrating and advocating for the rights of disabled people. Referred to as Disability Pride Month, this celebration intentionally coincides with the anniversary of the passage of the Americans with Disabilities Act (ADA) - the landmark legislation that prohibited workplace and hiring discrimination against people with disabilities and increased accessibility and mobility for disabled people by mandating things like automatic doorways, ramps, and elevators to accommodate wheelchairs in public places and businesses.



As the saying goes, knowledge is power. This is especially so when it comes to planning for an existing disability or the possibility of a disability in the future. Being aware of what may lie ahead and understanding the options available to you or a disabled loved one to pay for care, conserve assets, and maintain eligibility for means-tested government benefits can empower you to live as independently as possible, for as long as possible, and receive support to participate in the activities and receive the services that are meaningful to you. Planning ahead can bring peace of mind and alleviate some of the fear surrounding disability.


In the spirit of empowerment and advocacy, the July edition of the Elder Law Minute touches upon some very important topics that play a critical role in caring for and planning for disabled individuals or potential disability, including the significance of creating powers of attorney and the consequences of failing to do so before incapacity.



If you have questions or would like to discuss a topic we’ve covered in the newsletter this month, please give us a call. Our attorneys understand the complex disability planning landscape and can help you plan for the future.

JULY'S NEWS TO KNOW

Failure to Plan for Loss of Capacity

By Dirk Bromberek, Attorney, Generation Law


It isn’t unusual for people to wait until their retirement years to contact an attorney to discuss powers of attorney (and other estate planning matters). The need for powers of attorney is often (and erroneously) associated with aging. Most people do not understand the risks and potential consequences of not having valid powers of attorney.

READ MORE

Estate Planning in Action: Recent Case Highlights Importance of Updating Your Estate Plan

By: Krystian R. Seebert, Attorney, Generation Law


In late April, the Illinois Appellate Court affirmed a decision to allow a man’s adoptive children to receive a share of his estate, even though his will left his entire estate to his brother.


READ MORE

Planning for Peace of Mind:

How to Plan for the Future of an Adult Child with Disabilities


By Andrea Kovar, Attorney, Generation Law


In the U.S. today, there are nearly 1 million households where an adult child with intellectual and developmental disabilities (I/DD) is living with caregivers age 60 or older. What happens to an adult child with I/DD once a parent caregiver dies or is no longer able to provide care depends greatly on advance planning. Recognizing the difficulty and importance of future planning, here are some of the main issues parent caregivers must address to plan for the future as adult children with I/DD and their parental caregivers age. 

READ MORE

Are You Caring for a Special Needs Child?


If so, take a look at this Forbes article that talks about how financial planners are increasingly focusing on planning for children with special needs: Special Needs Financial Planning: Smart Advice For Families Coping With Disabilities

FIRM BRIEF

Generation Law Employee Spotlight

Melissa Johnson, J.D.


Melissa Johnson joined Generation Law, Ltd. in 2015 as their litigation counsel. After graduating from DePaul University College of Law, she spent a year practicing at the Law Offices of Howard Lee Schiff in Connecticut before spending seven years at Freedman Anselmo Lindberg LLC as a litigator and managing attorney.


Melissa has handled hundreds of contested motions and trials throughout her career. Her focus at Generation Law is on contested probates and guardianships for disabled adults with an emphasis on citation proceedings involving the financial exploitation of the elderly and presumptively void transfers. In addition, Melissa vigorously represents clients in the areas of trust litigation, including land trusts, elder law, estate planning, and estate administration.



Melissa is the immediate past president of the Illinois Chapter of the National Association of Elder Law Attorneys, where she is the current Chair of the Litigative Committee, as well as serves on the Legislative Committee. She also serves on the Illinois State Bar Association’s Elder Law and Trusts and Estates Committees. In addition, she is a frequent speaker for the Illinois Institute for Continuing Legal Education (IICLE) and the DuPage County Bar Association, of which she is also a member. 


Both of Melissa’s grandmothers are alive in their 90s, so there is a personal connection to making sure the elderly are well represented. She takes on each client’s cause as if it were her own. By the end of the case, clients may feel that Melissa is part of their family.

She is married with four young children (three boys and a girl) and stays busy with them as a travel hockey team manager and self-admitted dance mom to a two-year-old ballerina. She loves to read and attend concerts, as well as offer up her sarcastic wit around the office. She is addicted to Diet Coke and will not start the day without one. It’s what allows her to win all of her cases.

New Legislation Signed into Law after May 31, 2023


Our May legislative update included new laws passed by the house and senate the week before the legislative session ended on May 31, 2023. There are two other laws that passed after that update, and you can read about them here.

Got FAQs? We Have Answers!


“What’s the difference between a will and a trust?” “How often should I update my estate plan?” “What is long-term care insurance?”


If you’ve got elder law or estate planning questions, our legal team has answers. In fact, we invite you to share your biggest questions with us, and we will answer the top FAQs in an upcoming newsletter. 


So what do you want to know? To submit your question, drop us a line at info@generationlaw.com

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IMPORTANT DISCLAIMER: This email newsletter does not create an attorney-client relationship. It does not contain legal advice for you or anyone else (so don’t act on anything we say unless you speak with an attorney first). It does contain facts and stories we think you might be interested in. We tried to keep this short because we really like you.