Category: Elder Law Attorney

February 13, 2017 admin

Should All States Permit the Use of Medicaid for Assisted Living? The question of using Medicaid funds for assisted living is a big one for many in the elder care field. As we have discussed before, Medicaid is a joint state and federal program. The federal law lists broad eligibility rules, The states will get roughly…

January 2, 2017 admin

Affordable Care Act:  Impact on Older Adults Repealing The Affordable Care Act Will Not Only Affect the Young One of President-elect’s Donald Trump’s campaign promises was to repeal the Affordable Care Act (ACA), aka Obamacare, and Republicans in Congress have vowed to make the repeal one of their first acts in the new term. While…

December 12, 2016 admin

Medicaid Block Grant Proposal Medicaid block grants  . . . again?  Regardless of your political persuasion it is quite evident that benefits for the older and disabled and likely to change when Donald Trump becomes president. Obviously things said during the campaign process do not always materialize. However, the appointments being made to high level…

October 19, 2016 admin

The phrase “asset protection planning” means a variety of things depending on who is asking for protection and the type of professional who hears the question. For example, a financial advisor whose client asks about asset protection will likely want to discuss investment strategy, diversification, “safe” investments, and rates of return, with the aim of…

April 5, 2016 admin

ESTATE OF: WILLIAM F. BINNIG Medicaid Planning: The Importance of a Well Drafted Power of Attorney This is a recent Pennsylvania Superior Court case that highlights how important a power of attorney can be in proper planning. In this case an executor who was also the agent under a power of attorney for the decedent…

March 11, 2016 admin

Preparing for long-term care costs is hard to predict and will be costly to mitigate. Few have prepared for this gathering storm. Private long-term care insurance is available, of course, to help pay for expensive services if you are mentally or physically incapacitated late in life, but it is a notoriously confusing and not always…

February 15, 2016 admin

Who Has Standing to Challenge the Actions of an Agent Under a Power of Attorney? This question is often asked to me when someone is concerned about abuse of an older adult who no longer has the ability to advocate for him or herself. The answer depends largely on whether or not the grantor of…

February 15, 2016 admin

Nursing Home Quality:  New Report from the Government Accounting Office The Government Accounting Office (GAO) did a recent study of nursing home quality that produced both interesting and mixed results.  Although complaints are up, potential improvements in nursing home quality have been reported. Quality standards for nursing homes that participate in Medicare and Medicaid programs…

January 11, 2016 admin

Medicare will Cover Conversations About End of Life Care With My Doctor? Medicare beneficiaries may now discuss options for end of life care with their health care providers. Beneficiaries were already free to talk about advance care planning with their doctors, but the practitioners could be reimbursed for such discussions only during a patient’s “Welcome…

January 8, 2016 admin

Six Myths About Living Wills As you contemplate end of life issues, misinformation can make the  topic of living wills and advance directives confusing.   Below are six common myths about living wills and advance directives, followed by the actual facts. Myth #1  You must have a living will to stop treatment near the end of…

December 15, 2015 admin

Q: Rob, should I use one of those online legal services to do my estate planning documents? A:  Today, you can learn almost anything online. There are TV channels, websites, apps, programs and old fashioned classes devoted to DIY (Do It Yourself). LegalZoom and Rocket Lawyer, among other online services, attempt to streamline the process…

October 30, 2015 admin

Understanding Your Social Security Benefits Two popular social security claiming strategies will be gone if the bi-partisan budget now being proposed is signed into law by the President. File and Suspend Under this strategy, a higher earner at full retirement age (currently 66) can claim his benefit, enabling his lower-earning spouse to claim a spousal…

October 27, 2015 admin

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 issue of how should courts value scores given by evaluators on mental status exams in guardianship cases. The opinion in Estate of Koenen, issued…

October 7, 2015 admin

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 anyone thinking of altering their estate plan on their own. Esther Sullivan executed a will in 2006, that gave half of her property…

August 26, 2015 admin

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 you have a joint and survivor annuity option that allows your spouse (wives usually outlive their…

August 25, 2015 admin

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 acting for the principal.  The first is a Springing Power of Attorney.  In this type of instrument there is…

July 2, 2015 admin

Elder Law Defined What is Elder Law? 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 Law attorney can help you decide what type of care options exist for your older loved one and how…