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Illinois Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Illinois on
Q: Do all nursing homes take Medicaid?
Steve McCann
Steve McCann
answered on Feb 6, 2017

Not necessarily. Check with the nursing home prior to committing for further clarification.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Illinois on
Q: Is there a legal number of times my mother's bed should be changed in her nursing home?

She is incontinent and we are worried about bed sores.

Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
answered on Aug 23, 2016

I think you may be referring to patient 'off-loading' or turning. This is done to help keep the blood circulating in patients who are immobile or disabled. The idea is that by moving the patient regularly, the underlying tissue will remain healthy and bed sores will not form.... View More

1 Answer | Asked in Elder Law for Illinois on
Q: Relative at assisted living center with DNR was put on ventilator by paramedics on way to hospital. Was DNR violated?

Relative is elderly and suffered seizures that spiked her blood pressure. She was unresponsive when paramedics were called to her assisted living center. A DNR is on file at hospital and assisted living center. For a period of time she was unable to breathe on her own and was put on a ventilator... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jun 28, 2016

The medical decision to put your relative on a ventilator on the way to the hospital, may not be a violation of the DNR that was in place for a couple of reasons that come to mind. One is that the paramedics made a medical decision spontaneously for what they believed to be in the best interests... View More

1 Answer | Asked in Elder Law for Illinois on
Q: My father has dementia for yrs there is no power attorney over him my brother had him sell he's house for a dollar in

October 2015 and put he's name on all the accounts is there any thing I can do

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jun 28, 2016

I would suggest that you petition the probate court in your county to have you appointed guardian of the estate and person of your father who apparently will be found a disabled person because of his dementia. That way the court will supervise what is best for the ward (your dad) and therefore,... View More

1 Answer | Asked in Elder Law for Illinois on
Q: My brother is being evaluated for dementia and lives in Kansas City, Missouri. Can I be forced to be legal guardian?

I live here in Illinois. He has little to no assets.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 17, 2016

No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to... View More

1 Answer | Asked in Elder Law for Illinois on
Q: Grandmother has dementia, is incompetent and has no power of attorney. What are my families options?

Can family members still apply for medicaid for her? Would someone in our family need to seek guardianship instead of a POA? Our main concern is healthcare POA, is that still possible? Lastly, if her son is in FL and handles her assets, and her daughter is in IL acting as her caregiver, would a... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 17, 2016

Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the... View More

1 Answer | Asked in Elder Law and Estate Planning for Illinois on
Q: If mom resides in il, with her power of attorney, but moves to Indiana, does the poa become invalid?
Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

An IL estate planning lawyer can review to determine if it complies with IL law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
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2 Answers | Asked in Elder Law for Illinois on
Q: What are my options when aging parent living alone refuses medical attention
Lori Levin
Lori Levin
answered on Jul 14, 2011

This is a difficult question to answer without knowing more information. Is the aging parent competent? Does the parent have a POA for health care? Is this a serious situation where the parent is not competent, there is no POA and you want to pursue guardianship? Does this situation rise to the... View More

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2 Answers | Asked in Elder Law for Illinois on
Q: Can I sue the hospital for my uncle who has dementia; fell in his room; broke leg?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 26, 2010

If your uncle is a "disabled person" under the law and not able to handle his own affairs, a guardian would have to be appointed by a court, on a petition to adjudicate a disable person, over his person to bring a lawsuit. This assumes your uncle made no written direction before he... View More

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1 Answer | Asked in Elder Law for Illinois on
Q: Lawsuit against nursing home when gf sits in urine in wheelchair all day?

It's hard to know from these brief facts, but Illinois has the Nursing Home Care Act available that gives residents rights if they have received inadequate, improper and/or unsafe care that injures them. If your grandfather has been abused or has received inadequate care, he may well have a... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 14, 2010

It's hard to know from these brief facts, but Illinois has the Nursing Home Care Act available that gives residents rights if they have received inadequate, improper and/or unsafe care that injures them. If your grandfather has been abused or has received inadequate care, he may well have a... View More

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