Month: March 2015

March 24, 2015 admin

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 gift. The $14,000 figure is the amount of the current gift tax exclusion (for 2014 and 2015), meaning…

March 24, 2015 admin

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 2nd Circuit Court of Appeals addressed the issue of whether Medicare Beneficiaries have a property interest in their hospital admission status under the Due Process…

March 18, 2015 admin

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 should be OK. Paying down a debt that is not contractual (like a loan from a friend or…

March 13, 2015 admin

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, without proper planning, your best intentions may not be enough. Here are the most common estate planning mistakes I see people make: Failing…

March 3, 2015 admin

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 checking and no other assets.  I see he can have only $2,000 in assets to qualify for Medicaid.  To get…

March 2, 2015 admin

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 opinion of the Florida Bar that resulted from a petition by the Bar’s Elder Law Section. The Elder Law Section had asked the Bar to consider whether…