What is Elder Law in Illinois?

18 Apr What is Elder Law in Illinois?

What Is Elder Law in Illinois?

Elder law in Illinois is a legal practice area that focuses on the specific needs of older adults and their families. It covers a wide range of issues — including estate planning, wills, trusts, long-term care planning, guardianship, Medicaid eligibility, and protection from financial exploitation. Elder law attorneys help seniors preserve their assets, plan for healthcare needs, and navigate complex legal decisions with confidence.

Whether you’re planning for retirement, responding to a health crisis, or ensuring your wishes are clearly documented, elder law provides the legal tools and guidance to help you stay protected and in control.

Key Areas Elder Law Covers in Illinois

1. Estate Planning

Estate planning ensures that your assets are distributed according to your wishes — and that trusted people are legally authorized to act on your behalf if you become incapacitated. Elder law attorneys in Illinois help with:

• Wills and living trusts
• Powers of attorney (financial and healthcare)
• Advance directives
• Planning to avoid probate

2. Long-Term Care & Medicaid Planning

Nursing home and in-home care costs in Illinois can be devastating without a plan. Elder law attorneys can help you:

• Qualify for Medicaid without losing your home or savings
• Understand the five-year look-back period
• Set up a Medicaid Asset Protection Trust (MAPT)
• Explore additional programs like Veterans Aid & Attendance

3. Asset Protection

Protecting a lifetime of work from being spent down on care is a top concern. Illinois elder law attorneys help structure your finances in legally compliant ways to preserve:

• Your primary residence
• Savings and investments
• Family inheritances

4. Guardianship and Incapacity

If someone loses capacity and hasn’t designated a Power of Attorney, their family may need to petition the court for guardianship. This process can be costly and stressful, so proactive planning is always better. But when needed, elder law attorneys guide families through guardianship procedures in Illinois courts.

5. Healthcare Decision-Making

Understanding healthcare rights, Medicare and Medicaid coverage, and end-of-life options are all part of elder law. Attorneys help clients:

• Choose healthcare surrogates
• Create living wills
• Navigate insurance and provider issues

6. Elder Abuse and Financial Exploitation

Unfortunately, seniors can be targets of abuse — financial or otherwise. Illinois elder law attorneys can:

• Investigate suspicious transactions
• Remove abusive fiduciaries
• Work with local agencies to ensure the safety and rights of the elderly

Who Needs an Elder Law Attorney?

You may benefit from speaking with an elder law attorney in Illinois if:

• You’re approaching retirement and want to protect your assets
• A loved one is showing signs of cognitive decline
• You’re facing high nursing home bills or need to qualify for Medicaid
• You want to create a comprehensive estate plan
• You’re concerned about a vulnerable parent or grandparent

Why Work With ElderSmart in Illinois?

At ElderSmart, we combine legal experience with real-life insight. Our founder, Martin Fogarty, brings over 30 years of elder-focused legal work and personal experience navigating his own father’s Alzheimer’s journey. We’re here to:

• Clarify your options
• Build a plan that fits your family
• Help you age with dignity and peace of mind

From Glenview to the greater Chicago area, ElderSmart is committed to helping Illinois families feel prepared — not panicked — when life changes.

Schedule a Consultation in Glenview, IL

Want to understand how elder law applies to your situation? Let’s talk.

📍 Based in Glenview, IL — Serving clients across Cook County and throughout Illinois.