The Law Office of Jeffrey P. Story, LLC
Elder Law

Elder Law

The legal practice area of Elder Law near Glenview covers a number of fields of law, including:

Medicaid Applications, Medicaid Planning (Asset Protection), Medicaid Appeals, Guardianship, Estate Planning, Special Needs Planning, Special Needs Trusts, Disability Planning, Probate, Trust Administration, Nursing Home Contract legal reviews

The practice area touches on Real Estate law, as it pertains to Deed transfers and the sale of property during Probate, Trust Administration, Guardianship and Medicaid Planning. It also touches on Family Law, due to possible adoption, divorce and Special Needs Planning and Estate Planning related to divorce.

My practice concentrates in Medicaid Planning, using proactive planning with Trust and Estate documents and proper funding and the more common crisis variety that often relies on the elder having enough capacity to sign a new POA for Property, or having a POA for Property with a strong Gifting Power added previously. Advocating for the rights of the Medicaid applicant, Community Spouse and occasionally for select family members is also essential to this area of practice.

The Estate Planning field of law is also integral to helping assert the elder’s rights under law. My wills and trusts all have Special Needs Trusts built into them to help avoid complications for family members that either become disabled or are already disabled at the time the documents are drafted. Unless the elder is very wealthy, the ability to do asset protection is essential for the elder’s agents.

Special Needs Planning is essential for helping a person with a disability maximize their public benefits while supplementing their benefits with their Special Needs Trusts to obtain a better quality of life.

The area of Financial Abuse of an Elder is epidemic in our aging society and there is little enforcement or protection available from the government agencies. While I do not litigate cases, I do my best to screen for fraud, undue influence and elder abuse. My ultimate loyalty lies with the elder, regardless of who is paying my fee, though I remain loyal to the agent to the extent it is in the elder’s interest to do so. Once a POA Agent has violated the trust of the elder and it is clear that their actions are not in the interest of the elder, I am forced to withdraw from the case and pay myself for work completed to date.

Using the legal provisions that help elders and their spouses protect their assets ideally allows them to strike a balance between paying the private pay rate for a period of time to a facility, while saving half of their assets through Medicaid Planning. The money gifted away from the elder to impoverish them enough to file a Medicaid application can then be re-gifted until the elder dies, whereupon the remaining gifted assets can then pass to their estate under the provisions of their will.

Please reach out to my law office if you would like to know more about the field of Elder Law near Glenview.

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Excellent attorney who cares about people

I found Mr. Story on a website - I live in Texas but had a matter taking place in Evanston, IL and I needed legal assistance. I'm certain that Mr. Story is a busy man but he listened to my long, detailed issue. He asked questions - he was genuinely concerned and gave me excellent information so that I could move forward. It's so hard not being in the same state when you are trying to take care of an important matter. He took the time to walk this through with me and I was so grateful that I found him.

~ Monica July 16, 2019
Lifesaver

I hired Jeffrey to help me navigate the paperwork for my mother’s Medicaid application. I was being 100% honest on the application, but I knew there were going to be things in our case that looked odd to the caseworker. How true this turned out to be. The application was ultimately approved, but it took nearly a year. In that terribly stressful time, through every additional set of document requests, I relied on Jeffrey’s advice and counsel. He kept me calm, focused, and on track. He knew when to push back when the requests were ridiculous, and when to seek additional advice when they were baffling. And through it all he never billed me for a single dollar more than the flat fee I paid up front. I highly recommend Jeffrey.

~ Frank September 8, 2015
Will & Trust

Jeff executed a Will and Trust for my elderly mother. He gave us expert advice and helped my mother enormously with a contentious situation. We initially contacted Jeff because he specializes in legal affairs for the elderly and found his knowledge and sensitivity to issues most reassuring and helpful.

~ anonymous September 7, 2015
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