Elder Law Attorney in Illinois – Serving Glenview, Chicago & Cook County
Planning for the future doesn’t have to feel overwhelming. ElderSmart is more than an elder law firm—it’s an Elder Advocacy Plan dedicated to guiding you and your loved ones through the legal, financial, and emotional challenges of aging. Based in Glenview and serving families across the Chicago area, attorney Martin Fogarty brings over 30 years of experience to helping Illinois families confidently plan for estate matters, Medicaid, long-term care, asset protection, and more.
Whether you’re preparing for the future or facing an immediate challenge, ElderSmart walks with you through every step of the elder journey.
What Is Elder Law—And Why Does It Matter?
Elder law addresses the legal, financial, and personal issues associated with aging. It protects your future, your family, and the assets you’ve worked hard to build. Effective elder law planning ensures you stay in control and reduces uncertainty for your family—both now and later.
At ElderSmart, we help Illinois families navigate the complexities of aging, care decisions, and inheritance planning. Our mission is straightforward: to provide peace of mind through clarity, security, and comprehensive planning.
Key Areas We Cover:
- Medicaid Planning
- Asset Protection
- Wills & Trusts
- Powers of Attorney
- Guardianship
- Probate Avoidance
- Long-Term Care Planning
- Special Needs Trusts
Why You Might Need an Elder Law Attorney
Most people don’t consider elder law until they’re facing a crisis or looking to avoid leaving a burden on their loved ones. Working with an elder law attorney is about far more than paperwork—it’s about achieving clarity, ensuring protection, and finding peace of mind.
Here are common scenarios where our expertise can help:
- Your spouse is entering a nursing home, and you fear losing your life savings.
- Your parents haven’t established critical legal documents, leaving you uncertain about the future.
- You want to avoid probate to ensure your legacy passes smoothly to your children.
- You’ve been named Power of Attorney and need guidance on next steps.
- You’re retiring and want peace of mind that everything is properly arranged.
These situations aren’t just legal—they’re deeply personal. We understand the emotional stress of losing independence, the strain on family caregivers, and the uncertainty that comes with significant life changes. Our goal is to restore clarity and control.
Meet Martin Fogarty
Martin Fogarty has spent over three decades guiding Illinois families through some of life’s most critical—and challenging—decisions.
For Martin, elder law isn’t merely professional; it’s deeply personal. When his own father experienced a rapid decline due to Alzheimer’s, Martin witnessed firsthand the emotional and logistical hurdles families face. The difference for Martin was having the legal skills and knowledge to manage these challenges effectively. Now, he brings that same calm guidance and clarity to every client he serves.
Martin founded The Heartland Law Firm and developed the Elder Advocacy Plan, grounded in three core principles:
Education, Clarity, and Well-Being.
Clients trust Martin because he speaks plainly, demystifies the complex, and genuinely cares about preparing families for whatever comes next. He is active in community workshops, professional elder care organizations, and is recognized as a leader in Illinois elder law.
The Elder Advocacy Plan – Support for the Whole Elder Journey
At ElderSmart, legal documents are just the beginning. Aging involves medical, emotional, financial, and family challenges, and typical legal frameworks don’t always consider these complexities.
Our Elder Advocacy Plan provides holistic support tailored to your entire elder journey. From setting up essential legal protections to coordinating care and support services, we simplify the process and empower you with confidence and clarity.
Benefits of the Elder Advocacy Plan:
- More control over health, care, and financial decisions
- Less time managing services, more quality time with family
- Effective strategies to minimize family conflict
- Proactive planning to save money and reduce stress
- Support in maintaining independence and aging comfortably at home
- Ongoing peace of mind for you and your loved ones
How We Help You Plan & Protect
Elder law isn’t simply paperwork—it’s about safeguarding your family’s future and ensuring your peace of mind. At ElderSmart, our planning is practical, clear, and customized to your unique situation.
➤ Medicaid Planning & Asset Protection
We help you qualify for Medicaid benefits without sacrificing your home or life savings. Whether proactively planning or facing a health crisis, we guide you through proven strategies that protect your family’s assets.
➤ Estate Planning (Wills, Trusts, Powers of Attorney)
Everyone benefits from a clear plan. We’ll help you establish wills, trusts, and powers of attorney, ensuring your wishes are honored and your family is secure.
➤ Probate Avoidance & Trust Administration
Probate can be costly, lengthy, and intrusive. We’ll help structure your assets to avoid probate entirely or efficiently guide your family through the process if required.
➤ Long-Term Care & Nursing Home Planning
Long-term care costs can devastate your savings without proper planning. We’ll outline your options, safeguard your assets, and secure your quality of life.
➤ Special Needs Planning
For loved ones with disabilities, we create special needs trusts and other structures that protect their eligibility for critical benefits, ensuring ongoing care and quality of life.
➤ Guardianship & Incapacity
When individuals lose decision-making capacity, families often face confusion and conflict. We proactively establish legal protections or manage guardianship processes to ensure smooth transitions and clear guidance.
What to Expect When You Work With Us
Our process is designed to be clear, supportive, and reassuring:
- Book a no-pressure consultation: A comfortable conversation to understand your needs and answer your questions.
- Review and plan: We develop a customized, practical plan aligned with your personal goals.
- Clear documents and guidance: Receive carefully crafted legal documents and clear explanations every step of the way.
- Ongoing support: Life evolves—so does your plan. We’re here to help whenever circumstances change.
Elder Law FAQs
How can I protect my home from Medicaid?
You can protect your home from Medicaid recovery by using legal tools like irrevocable trusts or planning ahead with asset transfers. These strategies must be done in advance to avoid penalties or ineligibility during the Medicaid look-back period.
Do I need both a will and a trust?
Many people benefit from having both. A trust helps avoid probate, while a will acts as a backup plan for anything not included in the trust.
What’s the difference between a revocable and irrevocable trust?
A revocable trust can be changed or canceled at any time, while an irrevocable trust generally cannot. Irrevocable trusts offer stronger protection for Medicaid planning and asset preservation.
Can I help my parents with legal decisions if they lose capacity?
Only if they’ve named you as their agent in a valid Power of Attorney. Without it, your only option may be to go through a time-consuming and costly guardianship process in court.
When should I set up Power of Attorney?
As soon as possible. Once someone loses capacity, it’s too late to sign — and you may be locked out of making urgent medical or financial decisions.
How do elder law attorneys charge?
Some services are billed at a flat rate, while others are charged hourly. We’ll give you full transparency about pricing so there are no surprises.
Can elder law help me avoid probate?
Yes. With the right plan in place, you can pass assets directly to loved ones without the delays and expenses of probate court.
What happens if we don’t have any documents in place?
Without legal documents, your family may face court delays, extra costs, and tough decisions without clear guidance. It can create unnecessary stress during an already difficult time.
How Much Does Elder Law Cost in Chicago?
Transparency is critical. Costs vary based on your needs, but we’ll provide clear pricing upfront—no surprises. Common services have flat fees, while more complex planning involves hourly rates.
The real consideration isn’t the initial cost—it’s the potential cost of inadequate planning. Legal guidance helps your family avoid expensive mistakes, disputes, and losses.
Client Stories
Work With a Local Elder Law Attorney Who Cares
You don’t have to face aging and its challenges alone. Whether you’re planning for the future or facing urgent decisions today, we’re here to help. ElderSmart provides clear legal counsel and compassionate support tailored to your family’s unique needs.
We serve families across Glenview and the greater Chicago area with clear, compassionate legal guidance you can trust.
Schedule an Elder Law consultation today and get the clarity, security, and peace of mind you deserve.