Florida’s High Court Bars Non-Lawyers From Engaging in Medicaid Planning
Florida’s Supreme Court has ruled that non-lawyers who engage in various Medicaid planning activities are engaging in the unlicensed practice of law. The court’s ruling embraces a proposed advisory...
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Does a Purchase for Myself Count in Spending Down So My Husband Qualifies for Medicaid? Q: My husband is in the hospital for assessment with eventual placement in a nursing home. We have $5,180 in...
View ArticleThe Biggest Estate Planning Mistakes
If you’re like most people, you have the best of intentions with regard to how you want your estate distributed when you die or your affairs handled should you become incapacitated. Unfortunately,...
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Q: How does repayment of debt affect a Medicaid application? A: The answer to this depends upon the type of debt and when the repayment is made. Any payment toward a debt that is documented in writing...
View ArticleAppeals Court Keeps Observation Stay Case Alive, Questions Role of Doctors
Medicare beneficiaries can continue to press their case that hospitals’ observation stay practices are violating patient rights, a federal appeals court ruled. In the case of Barrows vs. Burwell the...
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Q: Can I Give My Kids $14,000 a Year? A: If you have it to give, you certainly can, but there may be consequences should you apply for Medicaid long-term care coverage within five years after each...
View ArticleMust Lawyer Consult With “Agent” Before Complying With Elderly Client’s...
In Runge v. Disciplinary Board, the Supreme Court of North Dakota reversed a disciplinary board “admonishment” of an attorney for “violating” the Rules of Professional Conduct, Rule 1.14. North...
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Q: The nursing home has initiated a Medicaid application for my mother but I have not yet been contacted. Her life insurance policy’s cash value exceeds Medicaid’s $1,500 resource limit. Can I still...
View Article10 Tips to Keep in Mind While Helping Aging Parents
1. Getting old is financially scary No matter how much money one may have, thinking about covering the expenses associated with aging or dealing with the unknown can be extremely scary. What if your...
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Q: My mother-in-law is on the deed to my wife’s and my home. If she moves into a nursing home, will Medicaid try to claim an interest in my home? How can I prevent them from doing this? Must I transfer...
View ArticlePay on Death Accounts
People often ask me about Pay on Death (POD) or Transfer on Death (Transfer on Death) accounts (or they tell me of them after the fact which is worse). These are accounts which pay to a designated...
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Can I Transfer Mom’s Life Insurance to Help Her Qualify for Medicaid? Q: The nursing home has initiated a Medicaid application for my mother but I have not yet been contacted. Her life insurance...
View ArticleSpousal Impoverishment Standards for 2015
2015 Spousal Impoverishment and Home Equity Figures Released The Centers for Medicare and Medicaid Services has released its Spousal Impoverishment Standards for 2015 : The official spousal...
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Will Medicaid Have a Claim on My Mother-in-Law’s Interest in Our House? Q: My mother-in-law is on the deed to my wife’s and my home. If she moves into a nursing home, will Medicaid try to claim an...
View ArticleWhat is Elder Law?
Elder Law Defined Elder Law is an extension and refinement of estate planning. In addition to addressing general planning needs like wills, trusts and medical and financial powers of attorney, an Elder...
View ArticleWhen Can Agent Under a Power of Attorney Start Doing Their Job?
This is a tricky question because every power of attorney is different and therein lies the confusion. There are two types of triggers for an agent under a power of attorney to be authorized to start...
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Q: When is it better to take a pension versus a lump sum payout? A: As always, it depends. If you are in good health and/or married, in most cases the pension is the better deal. With most pensions...
View ArticleWill Your Will Hold Up in Court?
Another recent example why certain tasks like surgery, bomb disposal and estate planning generally are not do it yourself tasks: A recent court decision in Minnesota serves as a cautionary reminder to...
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Q Do I still need life insurance after my kids are out of the house? A The need for life insurance is very different depending upon your circumstances and so are the types of life insurance to fill...
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Q: What is the Legal Significance of Scores in Mental Status Exams? A: In a recent decision in a complicated and long-running guardianship case, an appellate court in Illinois highlights the tricky...
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