The Law Office of Kate Curler LLC

05/12/2026

Retirement used to be a one-way door. For a growing number of older Americans, it is becoming a revolving one.

The "unretirement" trend — retired adults returning to the workforce — is accelerating in 2026. And the numbers reveal an important reality about the financial situation many seniors face.

According to a February 2026 AARP survey of more than 2,000 adults age 50 and older, 7% of retirees have re-entered the labor force in the past six months — up from 6% in summer 2025. Of those unretiring, 48% cited financial necessity or a poor economic outlook as their primary reason for returning to work.

Among all adults age 50 and older who are currently working or actively job-hunting, 41% say their primary motivation is simply affording everyday living costs.

This is not the retirement most people planned for.

What is driving it:

The Bureau of Labor Statistics projected that the labor force participation rate for workers aged 65 to 74 would reach 30.2% by 2026 — compared with just 17.5% in 1996. For workers aged 75 and older, participation is projected to hit 10.8%, more than double the rate recorded a generation ago.

Longer lifespans, inflation, insufficient retirement savings, Social Security gaps, and long-term care costs are all contributing factors — and they are converging at once for the Baby Boomer generation.

The challenges unretiring seniors face:

Two-thirds of older workers — 67% — say it would be difficult to find a new job today, with age discrimination cited as the top barrier. Nearly one in four older workers worries they could lose their current job within the next year.

The legal and planning implications of unretirement:

Returning to work after retirement raises a set of legal and financial questions that catch many families off guard:

Estate plan updates — A new income stream may change your tax picture, asset accumulation, and estate plan priorities
Medicare coordination — Returning to employer-sponsored health coverage requires careful coordination with Medicare to avoid costly coverage gaps or penalties
Social Security impact — Earning income before reaching full retirement age while drawing Social Security can reduce benefits dollar-for-dollar above the earnings threshold
Long-term care planning — Additional income is an opportunity to fund the protections — Medicaid planning, long-term care insurance, asset protection trusts — that most people keep deferring

📖 AARP's full 2026 unretirement survey:
https://www.aarp.org/pri/topics/work-finances-retirement/employers-workforce/retirement-decisions-working-job-hunting/

This survey explores how older Americans are feeling about the labor market, including retirement decisions, rationales for work, and finding new jobs.

05/11/2026

Most Illinois families believe they automatically have the right to make decisions for an aging or incapacitated loved one.

Illinois law does not work that way.

No matter how close the relationship — spouse, adult child, sibling — without a court order, no one has automatic legal authority to make medical, financial, or personal decisions for another adult who has lost capacity. When that authority is needed, and no Power of Attorney exists, the only path forward is adult guardianship through the Illinois court system.

What Illinois adult guardianship actually involves:

Guardianship is needed when a person is unable to make and communicate responsible decisions regarding personal care or finances due to a mental, physical, or developmental disability. Illinois law establishes two types: guardianship of the person — covering medical treatment, residential placement, and daily care decisions — and guardianship of the estate, covering financial management and asset protection.

The Illinois court process:

Adult guardianship cases in Cook County are handled through the Probate Division at the Richard J. Daley Center. The process requires filing a petition with supporting documentation, including a physician's report no more than three months old. Illinois law directs the court to schedule a hearing within 30 days of filing — though actual timing varies. Current Cook County filing fees are $379, with an appearance fee of $250.

In most cases, the court will also appoint a Guardian ad Litem — an independent attorney charged with investigating and reporting the proposed ward's best interests to the judge before any decision is made.

Critical protections families must understand:

Family members are not automatically named guardians. The court appoints whoever will best serve the ward's interests — regardless of family relationship. The proposed ward has the right to their own attorney, to present evidence, and to object to the proceedings.

When guardianship can be avoided entirely:

A Power of Attorney works if the loved one still has the capacity to understand and sign legal documents. It is faster, far less expensive, and far less intrusive than going to court. Illinois also recognizes supported decision-making as a less restrictive alternative for adults with intellectual and developmental disabilities who need assistance but retain the ability to make their own decisions.

Guardianship is the right tool in the right circumstances — but it should never be the first resort when proactive planning could have prevented the need entirely.

Illinois Legal Aid's full adult guardianship resource:
https://www.illinoislegalaid.org/legal-information/adult-guardianship

Guardianship of an adult is when a judge chooses a person to take care of another person who is 18 years old or older who can't make basic life decisions or manage their own property or money. Learn more here.

05/08/2026

Hundreds of thousands of wartime veterans and their surviving spouses are leaving a significant tax-free benefit unclaimed every year — simply because they don't know it exists.

It's called VA Aid & Attendance — and in 2026, it can provide up to $2,874 per month, tax-free, to help pay for in-home care, assisted living, or nursing home care.

The 2026 benefit rates:

From December 1, 2025, through November 30, 2026, the maximum monthly Aid & Attendance benefit amounts are: $1,453/month for a single veteran, $1,903/month for a veteran with a spouse or dependent, and $974/month for a surviving spouse — all tax-free, on top of other income.

Who qualifies?

Aid & Attendance is available to military veterans who served at least 90 days, with at least one day during wartime. The veteran does not need a service-connected disability to qualify. Veterans or their surviving spouse are eligible if they need help performing activities of daily living — including individuals who are bedridden, blind, or residing in a nursing home.

The financial eligibility rules for 2026:

To qualify, a veteran or surviving spouse must not have a net worth exceeding $163,699 in 2026. Net worth equals total assets plus annual income. Importantly, a primary residence and one vehicle are exempt from the net worth calculation — even if the applicant is currently living in a nursing home.

The look-back rule families must know:

The VA enforces a 3-year look-back period to review asset transfers made at below-market value. Applicants who transferred assets within that window to meet the net worth limit will face a penalty period of up to five years, during which no benefits are payable.

The Medicaid intersection:

Persons can simultaneously receive Medicaid benefits and a VA pension, though benefits may be limited. As a general rule, Medicaid is a better financial option for nursing home care, while VA Aid & Attendance is often more advantageous for home care or assisted living. Determining which benefit — or combination — is optimal requires careful, individualized analysis.

As an Elder Law Attorney in Chicago, I help veteran families navigate Aid & Attendance eligibility, coordinate it with Medicaid planning, and avoid the look-back pitfalls that can delay benefits by years.

Full 2026 Aid & Attendance eligibility and rate guide:
https://www.medicaidplanningassistance.org/va-pension-aid-and-attendance/

05/07/2026

Two-thirds of American workers over 50 have experienced age discrimination in the workplace. Yet only 3% ever file a formal complaint.

That gap — between what workers experience and what they report — reflects how normalized ageism has become in American professional life. And the data from 2026 shows it is not improving.

A new AARP survey published in January 2026 found that 64% of workers age 50-plus report experiencing or seeing age discrimination at work — a proportion that has remained virtually unchanged since 2024. And 22% say they feel they are being actively pushed out of their jobs because of their age.

How workplace ageism actually shows up:

Among the most common forms reported: 33% say employers assume older workers are less tech-savvy, 24% say they are assumed to be resistant to change, 21% report generational jokes in the workplace, and 20% say younger employees are given preference for training opportunities.

These may seem subtle. But cumulatively, they translate into lost promotions, reduced income, forced early retirement — and long-term damage to financial security that directly affects retirement planning.

What the law says:

The Age Discrimination in Employment Act of 1967 protects workers age 40 and older from discrimination in hiring, promotion, discharge, compensation, and all terms of employment. The Older Workers Benefit Protection Act additionally prohibits age discrimination in employee benefits, including health insurance, disability benefits, and pensions.

Age discrimination is illegal at every stage of employment — including hiring, promotions, raises, and layoffs.

Why this connects to elder law:

Forced early retirement or job loss in one's 50s or early 60s has profound financial consequences — including reduced Social Security benefits from fewer earning years, depleted retirement savings, and premature spend-down of assets that may have otherwise funded long-term care.

Workers age 50+ who are pushed out of the workforce before they are ready often arrive at retirement without the financial cushion they planned for — which is precisely when Medicaid planning, asset protection, and elder law guidance become critical.

As an Elder Law Attorney and senior advocate in Chicago, I see the downstream effects of these financial disruptions every day. Planning early — before a job loss or health event forces a crisis — is always the better path.

AARP's full 2026 age discrimination survey:
https://www.aarp.org/work/age-discrimination/age-bias-survey-2026/

A new AARP survey finds persistent age discrimination

05/06/2026

There is a phenomenon well-documented in medical research that most families have never heard of — and it could cost them a loved one.

It is called the widowhood effect.

With the widowhood effect, older adults grieving a spouse's death face a measurably increased risk of dying compared to those whose spouses are still living, and a 2023 analysis of data from nearly one million Danish citizens age 65 and older found that the younger people were when their spouse died, the more likely they were to die within a year.

Within the first 90 days after spousal loss, men face approximately a 70% higher mortality risk, while women face roughly a 27% higher risk. Contributing factors include the physiological impacts of grief — increased inflammation and blood pressure — as well as psychological factors like depression and social withdrawal.

This is not a metaphor. Grief, in the most literal sense, can be life-threatening for older adults.

What families need to watch for in a recently widowed parent:

🔴 Withdrawal from daily routines, eating, and social activity
🔴 Neglecting medications or skipping medical appointments
🔴 New confusion or cognitive changes — sometimes grief, sometimes early dementia triggered by loss
🔴 Unusual financial decisions or vulnerability to scams — widowed seniors are disproportionately targeted by financial predators
🔴 Isolation, particularly for those whose entire social world was built around their spouse

The legal and financial steps that must happen — even in grief:

This is an area where compassionate guidance matters enormously. The weeks following a spouse's death involve urgent legal and financial tasks that cannot wait, even while a surviving spouse is in the depths of grief:

📋 Probate — if the deceased did not have a trust or proper beneficiary designations, the estate must be opened with the court
📋 Updating the surviving spouse's own estate plan — including Powers of Attorney, Healthcare Directives, and beneficiary designations
📋 Medicaid and benefits review — surviving spouses often face new financial circumstances that require immediate planning
📋 Protecting against exploitation — a grieving widow or widower is among the most targeted demographics for financial fraud and scams

For older adults who are socially isolated or have limited family nearby, resources are available through local hospitals, senior centers, nursing homes, religious groups, and hospice bereavement programs — even if hospice was not used before the death.

NIH's guide to coping with grief and loss:
https://www.nia.nih.gov/health/grief-and-mourning/coping-grief-and-loss

05/05/2026

Social Security is the financial foundation for most older Americans — yet millions of seniors leave significant money on the table simply by not understanding the rules.

In 2026, there are important updates every family should know — and strategies that can make a substantial lifetime difference.

The 2026 numbers:

A 2.8% cost-of-living adjustment took effect in January 2026, benefiting nearly 71 million Social Security beneficiaries. While welcome, the net gain for many is significantly reduced by a Medicare Part B premium increase to $202.90 per month — effectively cutting the COLA benefit nearly in half for the average recipient.

The maximum monthly benefit in 2026 is $5,181 for those who delay until age 70, compared to $2,969 for those who claim at 62 — a difference that underscores why claiming strategy matters enormously.

Strategies that make the biggest difference:

Delay claiming — Delaying beyond full retirement age earns delayed retirement credits of up to 8% per year until age 70 — and for individuals in good health or with longer life expectancy, waiting can lead to substantially higher lifetime benefits.

Work at least 35 years — Social Security calculates benefits using your highest 35 years of earnings. Fewer than 35 years means zeros are factored in, permanently lowering the benefit.

Coordinate spousal benefits — Married couples, divorced individuals, and widows/widowers have claiming options that can significantly increase lifetime household income when strategically coordinated.

Understand the tax impact — Up to 85% of Social Security benefits may be taxable depending on total income — a critical factor in retirement income planning that many seniors discover too late.

The elder law connection:

Social Security intersects with elder law in ways most families don't anticipate. How and when Social Security is claimed affects Medicaid eligibility calculations. Benefit amounts directly impact spend-down planning. And for seniors who become incapacitated, a valid Power of Attorney is essential for a representative payee to manage these benefits without a burdensome court process.

Social Security Administration's 2026 COLA update:
https://www.ssa.gov/cola/

05/04/2026

Most people don't know what an Elder Law Attorney does — until they desperately need one.

By then, the window to plan proactively has often already closed.

Elder law is a specialized field focused on the legal, financial, and care-related challenges of aging. It spans estate planning, long-term care planning, asset protection, housing, guardianship, Medicaid planning, and major healthcare decisions.

What an Elder Law Attorney in Chicago actually helps families do:

Medicaid Planning — Structuring assets legally so families qualify for long-term care coverage without impoverishing a surviving spouse or losing the family home

Powers of Attorney & Advance Directives — Ensuring the right people have legal authority to make financial and medical decisions before a crisis makes it impossible to create these documents

Nursing Home Placement & Contracts — Reviewing admission agreements for illegal financial liability clauses and protecting resident rights from day one

Adult Guardianship — Guiding families through court when a loved one loses capacity without legal documents in place

Estate Planning & Probate — Protecting assets, honoring wishes, and helping families avoid a lengthy public court process after death

Senior Advocacy & Caregiver Coaching— Helping families navigate the emotional, logistical, and legal demands of caregiving

When is the right time to call?

The earlier the better. Families should have all legal documents and planning in place before they're needed — not after a diagnosis, a fall, or a nursing home admission forces a rushed decision.

Planning ahead protects dignity and financial security. Acting early reduces risk and prevents costly mistakes. Crisis planning — after problems appear — limits options and raises costs.

As an Elder Law Attorney in Chicago, I work with individuals, couples, and families at every stage — from early planning to urgent crisis response. No situation is too early or too late to benefit from the right guidance.

A Place for Mom's guide to elder law attorneys:
https://www.aplaceformom.com/caregiver-resources/articles/elder-law-attorneys-help-family-caregivers

Not sure if you need an elder law attorney? That question alone is reason enough to call.

Elder law attorneys help with long-term health care and estate planning. They also help seniors access their eligible Social Security programs.

05/01/2026

The retirement savings crisis in America is not coming. It is already here — and it is getting worse.

A 2026 survey found that only 47% of retirees rated their financial well-being as excellent or very good, down from 52% the year before. Debt is playing an increasing role — 29% of retirees say debt has negatively affected their ability to save or live in retirement, a 5% increase over 2025.

And the problem facing today's retirees is not simply that they saved too little. It's that they are living far longer than their financial plans anticipated — and the systems designed to support them are not keeping pace.

The longevity math that most retirement plans get wrong:

Only 32% of Americans answered a basic question about the life expectancy of a 65-year-old correctly. Another 35% underestimated the timeline significantly — a blind spot that can seriously undermine financial security in retirement.

Here's what the numbers actually look like: a 65-year-old woman today can expect to live to approximately 85. A couple, both aged 65, has a more than 50% chance that at least one of them will live past 90. Extending retirement by just five years — from 30 to 35 years — raises the risk of depleting savings by 41% based on historical market returns.

The retirement confidence gap in 2026:

Forced early retirements are on the rise, with 46% of retirees reporting they left the workforce earlier than planned — up from 40% in 2025. Among those retiring early, 41% cited a health problem or disability as the primary reason.

Of seniors who receive Social Security, 59% rely on it for at least half of their monthly expenses — yet 88% don't believe benefits are keeping pace with the rising cost of living.

Why this is an elder law issue — not just a financial planning issue:

When retirement savings run out, families face decisions they were never prepared for:

Medicaid planning — converting assets and income to qualify for long-term care coverage without impoverishing a surviving spouse
Nursing home placement — navigating contracts, costs, and resident rights with no financial buffer
Guardianship — when cognitive decline accompanies financial decline, families need legal authority in place to act
Probate and estate planning — ensuring that whatever assets remain are protected, distributed efficiently, and reach the people they were intended for

According to NCOA, millions of older Americans who worked hard their entire lives are dying earlier simply because they lack sufficient financial resources, with those in the bottom 20% of wealth dying on average nine years earlier than those in the top 20%.

Financial planning and legal planning are not separate conversations. They are two sides of the same protection strategy.

NCOA's full guide on financial security for older adults:
https://www.ncoa.org/older-adults/money/

As we live longer, our savings need to last longer, too. Get tips for money management, avoiding scams, reducing debt, and continuing work to help make the most of your money as you age.

04/30/2026

One of the most consistent things families tell me after a loved one enters hospice is this:

"I wish someone had told us about this sooner."

Hospice and palliative care are among the most misunderstood — and underutilized — resources available to aging Americans and their families. And the gap between what people assume these services mean and what they actually provide costs families enormously — in unnecessary suffering, in rushed decisions, and in legal and financial disarray at the worst possible moment.

Palliative care vs. hospice — the distinction that matters:

Palliative care focuses on quality of life — addressing pain, shortness of breath, fatigue, anxiety, depression, and caregiver stress — while still leaving room for curative or life-prolonging treatments. It can begin at any stage of a serious illness.

Hospice care is specialized care for people expected to live for no more than 6 months. It focuses on quality of life so that a person can live as alert and pain-free as possible — and can be provided in the home, an assisted living center, a nursing home, or an inpatient hospice program.

The most damaging myth: that hospice means giving up. The goal of hospice is not to speed up the dying process — it is to make people more comfortable, treating the symptoms of an illness instead of trying to cure it. Families who understand this distinction access these services earlier — and consistently report better experiences as a result.

What Medicare covers — and what families often don't know:

Hospice care can be covered under Medicare and Medicaid, and requires verification from two physicians that a patient has a life expectancy of six months or less, along with a patient's willingness to pursue treatments focused on comfort rather than life extension. Yet millions of eligible patients never access these benefits — often because the conversation happens too late.

The legal dimension families cannot afford to overlook:

The transition to hospice or palliative care is precisely the moment when legal documents are most urgently needed — and most frequently missing. Before or during this transition, every family should confirm:

✅ A valid Healthcare Power of Attorney is in place — designating who speaks for the patient if they cannot
✅ A Living Will / Advance Directive reflects the patient's current wishes around life-sustaining treatment
✅ A POLST (Physician Orders for Life-Sustaining Treatment) has been completed with the medical team
✅ Estate planning documents — will, trust, and beneficiary designations — are current and accessible
✅ Probate is considered, so that after death, the family is not navigating a court process while grieving

Thinking and talking about dying is hard. But putting personal, financial, and legal affairs in order helps families spend more quality time with their loved ones and brings peace of mind to everyone involved.

CaringInfo is a National Alliance for Care at Home resource to help patients and caregivers understand topics like advance directives, end-of-life care, and related issues.

04/29/2026

If your family has not done Medicaid planning, you may be one nursing home admission away from losing everything you've spent a lifetime building.

The families who understand Illinois Medicaid rules before a crisis strikes are the ones who protect their homes, savings, and spouses' financial security. The families who don't find out after it's too late.

The Illinois Medicaid numbers for 2026:

A single nursing home Medicaid applicant in Illinois must have assets of $17,500 or less. For married couples, the non-applicant (community) spouse can retain up to $143,172 of the couple's combined assets — known as the Community Spouse Resource Allowance. And Illinois sets its nursing home income limit at approximately $1,304 per month for a single applicant — a limit more restrictive than many states'.

The rule that catches families most off guard:

Illinois enforces a 60-month look-back period reviewing asset transfers made for less than fair market value. Violating this rule results in a penalty period of Medicaid ineligibility, during which the family pays 100% of nursing home costs out of pocket.

The home is also at risk after death:

While the home is generally exempt from Medicaid's asset limit during a recipient's lifetime, Illinois Medicaid's Estate Recovery Program can seek reimbursement from the estate remaining after death — often the family home. Without proper planning, the home is reimbursed by Medicaid rather than passing to the family.

Legal strategies that protect families:

✅ Irrevocable Medicaid Asset Protection Trusts
✅ Spousal asset reallocation to maximize the CSRA
✅ Medicaid-compliant annuities
✅ Caregiver child home exemptions
✅ Pooled trusts for excess income

Planning early protects far more than planning late. And waiting even one year can cost families tens of thousands of dollars.

Full 2026 Illinois Medicaid eligibility guide:
https://www.medicaidlongtermcare.org/eligibility/illinois/

An overview of Illinois Medicaid’s long term care programs, their benefits and eligibility requirements including nursing home care, assisted living and in-home care.

04/28/2026

For most families, the decision to move an aging parent into assisted living or a nursing home happens in one of two ways: carefully, with a plan, or in crisis, with no time to think.

The families who plan have better outcomes. The families who don't often make one of the most consequential decisions of their lives under enormous emotional and financial pressure, in a hospital hallway, with a discharge planner waiting.

Here's what the landscape looks like in 2026:

National senior housing occupancy reached 88.7 percent in the third quarter of 2025 — the 17th consecutive quarterly increase — while inventory growth hit a record low. The combination of rising demand and limited new supply points to a tight market, meaning families who wait until a crisis to search for placement are facing longer wait times and fewer choices.

The estimated median cost of assisted living in 2025 is $6,077 per month — and skilled nursing care costs even more. These numbers make Medicaid planning an urgent priority, not an afterthought.

The warning signs families often miss:

🔴 Worsening medical conditions, an increased number of falls, and overall increased frailty, difficulty managing finances, and difficulty keeping the home clean or maintaining personal hygiene are among the clearest signals that assisted living may be needed — yet families often attribute these to normal aging and delay the conversation for months or years.

🔴 Nearly 68 percent of seniors find the emotional weight of downsizing harder than the physical work itself. Without guidance, the process stalls — and so does the planning that protects both the senior and the family.

What families must do before signing any senior housing contract:

Review the admission contract carefully. Admission contracts should be checked for any waiver of rights, third-party payment guarantees, or arbitration clauses. Federal regulations bar facilities from requiring residents to waive rights or obtain third-party guarantees as a condition of admission, and from requiring arbitration to be voluntary.

Understand what is and isn't included in the base rate. Many families are shocked to discover that the base rate covers far less than they assumed — with add-ons for medication management, personal care, and specialized services.

Have legal documents in order before the move. A valid Power of Attorney, Healthcare Directive, and updated estate plan must be in place before a parent enters any facility — not after. Once a resident lacks capacity, these documents cannot be created.

Know your Medicaid rights. The nursing home must inform you and your spouse of your spousal impoverishment rights when you are admitted. Understanding Medicaid eligibility and spend-down rules before the bills arrive is critical.

Read the NIC's full senior housing occupancy report:

Consumer demand for all community types outpaces new construction; Independent Living occupancy surpasses 90% Annapolis, Md (October 2, 2025) – America’s aging population is rapidly transforming senior housing, with occupancy […]