Category: Elder Law

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 3, 2017 admin

  New Year Wishes And Thoughts of Gratitude I want to take this opportunity to thank all of my clients, colleagues and friends for all that you have given to me in 2016. At this time of year I look back and reflect on how lucky I have been. I am blessed to have a wonderful,…

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…

December 12, 2016 admin

New Law Allows People with Disabilities to Create Special Trust Finally. The Special Needs Trust Fairness Act, federal legislation that will allow people with disabilities to create their own special needs trusts instead of having to rely on others, has passed the Congress. The measure was included in the 21st Century Cures Act, a $6.3…

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

Q  Will Medicare Cover Conversations About End-of-Life Care With My Doctor? A  Medicare beneficiaries may now discuss options for care at the end of life 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…

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…

November 24, 2015 admin

The Perils and Pitfalls of Doing Asset Protection Planning on Your Own Dealing with long-term care planning is a daunting process. Very complicated state and federal Medicaid laws and regulations present many pitfalls for those who try to engage in that process on their own without working with a competent elder law attorney. A recent…

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…

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 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 to pay for that…

May 6, 2015 admin

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 the interest in the property prior to her moving? She no longer earns an…

May 6, 2015 admin

10 Tips 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 elderly parent doesn’t have enough insurance or savings to pay for long term care or…

February 11, 2015 admin

The percentage of married households in the United States fell from 55 percent in 1990 to 48 percent in 2010. About 40 percent of all marriages end in divorce. Three quarters of people who divorce remarry — accounting for a pretty large proportion of the 48 percent of American households that are married. Nearly 1.5…

October 31, 2013 admin

Americans Worry About Long-term Care Costs: Americans have little idea how long-term supports and services are paid for, according to a new poll by Harris Interactive HPOL +0.26% and the medical publishers HealthDay. Yet, they are worried about the cost, believe most people should buy long-term care insurance, and also favor a new government program…