July 2022
Powers of Attorney - Why Use an Elder Law Attorney Instead of an Online Form?
There are many benefits to the internet, including easy access to information. In this digital age, one can even find legal documents online, such as Powers of Attorney and Wills. How do you know if you should use one of those forms or enlist the assistance of an elder law attorney?

At Dutton Casey & Mesoloras, we want to make sure legal knowledge is accessible. That's why we've created a brief overview of Powers of Attorney and the benefits of using an elder law attorney to draft them. For example, there are certain powers your agent under the standard Illinois Power of Attorney for Property form does not have unless they are added to the document. It is important to consult with an attorney to determine what additional powers (if any) should be added to your documents for purposes of allowing your agent to plan for your long-term care in the future.

You can read the article here.

Want to learn more? Give us a call or send us an email to setup a consultation today.
Legal Updates
Supreme Court Rules State Medicaid Programs Can Recoup a Larger Share of Injury Settlements
If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, the state has a legal right to recover the funds it spends on your care from a personal injury settlement or award. Yet in a legal case involving a Floridian teen who was catastrophically injured more than a decade ago, the U.S. Supreme Court has ruled that state Medicaid programs may be repaid from settlement funds reserved for future medical expenses as well. 

The decision affects anyone who receives medical care through Medicaid after suffering a disabling injury that results in a lawsuit.

In a 7-2 decision, the Supreme Court agreed that the state is allowed to recover benefits for Gianinna’s past — as well as future — medical care.

Read the full article here.
Awareness & Resources
How to Get Into a Nursing Home as a Medicaid Recipient
While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation. 

With the median cost of a nursing home room being more than $250 a day, most families need help paying for long-term care. Medicaid is the primary method of covering the costs for nursing home care in the United States, but in order to qualify for Medicaid, an applicant must have limited income and assets. Read more here.
National Safety Commission Releases Advisory Warning
An advisory issued in June warns people against using a series of adult portable bed rail models after at least three people — including one in a nursing home and another in an assisted living facility — were entangled in them and died of asphyxia.
The U.S. Consumer Product Safety Commission named the following 10 models of Mobility Transfer Systems adult portable bed rails in which it says users may become trapped, resulting in serious injury or death:

  • Freedom Grip (model 501)
  • Freedom Grip Plus (model 502)
  • Freedom Grip Travel (model 505)
  • Reversible Slant Rail (model 600)
  • Transfer Handle (model 2025)
  • Easy Adjustable (model 2500)
  • 30-Inch Security Bed Rail, single-sided (model 5075)
  • 30-Inch Security Bed Rail – Extra Tall, single-sided (model 5075T)
  • 30-Inch Security Bed Rail, double-sided (model 5085)
  • 30-Inch Security Bed Rail – Extra Tall, double-sided (model 5085T)

The Commission’s advisory “urges consumers to immediately stop use, disassemble, and dispose of” these bed rails, which have been on the market since 1992 and available through such online retailers as Walmart.com and Amazon.com.

Users can report any incidents related to these rails at www.SaferProducts.gov.

Link to article here.
Connect with Us!
Check out our Resources
We shared an article on Powers of Attorney in the first section, but did you know we have numerous other resources available to you? A mission of ours is to make elder law accessible through community presentations, blogs, and articles.

We have a YouTube Channel dedicated to sharing such information, including a new video by Partner Amy Gjesdahl, JD, which gives an overview of Powers of Attorney. Check it out here.
Community Presentations
Our attorneys want to make everything elder law more accessible. One way we to that is by educating the community through our speaking engagements. To get a list of our 2022 topics or schedule us, please contact Monica DiOrio at: mdiorio@duttonelderlaw.com or call the office at 312-899-0950.
To find out what we have coming up, visit the Events page on our website.
Phone Number: 312-899-0950  

Office locations: Arlington Heights, Chicago, Naperville, and Skokie, Illinois. Appointments available via video conferencing or telephone.
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