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ELDER LAW • ESTATE PLANNING • WILLS & TRUSTS • GUARDIANSHIP & PROBATE LITIGATION
Ben Neiburger
Founder, Generation Law
May 2020
How do you protect yourself and your family, especially older loved ones, as the COVID-19 crisis drags on? This can be particularly scary if you have a loved one in a nursing home. If your clients are facing these questions, we can help. In this issue of The Elder Law Minute , we provide tips to help people protect their family members as much as possible.
 
One no-brainer? Masks. As we prepare to reopen our offices June 1, we’re working with a local company to outfit our staff and protect everyone who comes through our doors. Give them a call if you need a batch made for your own office.
 
These are strange times, but one thing that’s clear is that estate planning is more crucial than ever. We’re here to help get it done quickly and safely, while still social distancing.
MAY'S NEWS TO KNOW
Long-Term Care: Advocating for Loved Ones During COVID-19
Having a loved one in long-term care can be pretty scary right now. Nursing homes are one of the main front lines in the fight against COVID-19, as the virus has overtaken many of these facilities. In fact, a whopping one-third (35%) of all COVID-19 related deaths in the United States are linked to nursing homes and other long-term care facilities. Due to the uptick, many facilities are banning visitors, creating more concern and confusion for some families.
L&N MASK Co. Makes Masks for a Good Cause
Generation Law is reopening our doors June 1, and if you come to visit us, you’ll find our team covered up in style. We’re proud to partner with L&N MASK Co., a local company producing face masks for a good cause.
Firm Briefs
New Law Allows Remote Witnessing and Notary to Continue
Illinois may be opening back up, but getting your estate planning done remotely will remain an option – at least for a while. The Illinois General Assembly has passed a law that gives statutory approval to the governor’s emergency executive order issued March 26, which allows people to complete remote notarization via video calls and to sign off on legal documents that require witnesses remotely. That means people who created plans using these remote services during the pandemic can rest easy they will remain valid.
 
The law, which is awaiting the governor’s signature, covers plans created since March 26 until 30 days after the expiration of the governor’s COVID-19 emergency declaration. We fully expect the governor to sign the legislation soon. You can read the full text of the law here .
We Wrote the Book (Again) on Special Needs Trusts
Generation Law founder Ben Neiburger and attorney Dirk Bromberek are revising a chapter on special needs issues in personal injury and wrongful death awards or settlements in the 2020 edition of IICLE’s “Special Needs Trust Handbook.” Neiburger was the chapter’s previous author, which was last updated in 2016.
Making the New Trust Code Work for You
The landmark trust law passed in January 2020 has transformed how trusts work in Illinois – and we’re making sure it works as well as possible. Founder Ben Neiburger has joined an informal commission about potential updates to the Illinois trust code. The commission, which works through local and state bar associations, is focused on making the new law work better, proposing changes and working with lobbyists to implement changes. The commission will introduce recommendations later this year.
IICLE Short Course Goes Virtual
The IICLE Estate Planning Short Course has gone digital. This year’s sessions featured Generation Law’s own Ben Neiburger, who discussed special needs trusts and what to do if a disabled person has too much money to qualify for benefits during live webinars on May 5 and May 19.
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