Even if you’ve created an estate plan, are you sure you included everything you need to? There are certain provisions that people often forget to put in in a will or estate plan that can have a big impact on your family. 1. Alternate Beneficiaries One of the most important things your estate plan should…
Can a person apply for Medicaid before assets are spent down to below $2,000? Once assets are down to $2,000, who is responsible for paying the nursing home costs while waiting for Medicaid approval — the wife, the children – and how much must be paid to the nursing home? In Florida, an individual can apply…
Most financially savvy individuals begin planning their estate when they’re in peak mental shape. The idea that this might change at some point in the distant future is an unpleasant one, and they would rather go about their estate planning as if they’ll be as sharp as a tack late into their golden years. Unfortunately,…
While most proactive individuals know the importance of having a well-rounded estate plan, it is typically considered as something that will take effect after they have passed away. But there are in fact many ways in which comprehensive estate planning can have a positive impact on your life while you are still around to reap…
A new Medicare rule will promote earlier diagnosis of Alzheimer’s disease. Medicare will now reimburse primary care doctors who conduct an Alzheimer’s evaluation and offer information about care planning to elderly patients with cognitive impairment. According to the Alzheimer’s Association, more than 5 million Americans have the disease. In addition, more than 85 percent of…
In my last post to this blog, I explained why it is so important to put in place a durable power of attorney. In this post, I want to emphasize why it is important to get that power of attorney in place before you need it. If you wait until you need it, you’ll be…
The benefits of a highly detailed, comprehensive durable power of attorney are numerous. Unfortunately, many powers of attorney are more general in nature and can actually cause more problems than they solve, especially for seniors. This post highlights the benefits of a comprehensive, detailed durable power of attorney, including some of the provisions that should be…
Nursing home discrimination against Medicaid residents is illegal. While it is illegal for a nursing home to discriminate against a Medicaid recipient, it still happens. To prevent such discrimination, nursing home residents and their families need to know their rights and how to fight nursing home discrimination against Medicaid beneficiaries. The potential for discrimination arises…
Joining the states of Florida, Ohio, and Tennessee, the Supreme Court of New Jersey has found that Medicaid planning attorneys should handle Medicaid planning. Non-lawyers who apply the law to a Medicaid applicant’s specific circumstances are engaging in the unauthorized practice of law. Florida’s Supreme Court decision last year, to the same effect, provides that…
Do you need an elder law attorney for even “simple” Medicaid planning? The answer, as so often is the case in legal matters, is that it depends on your particular situation and circumstances, but in most cases, the prudent answer would be “yes” you do need an elder law attorney to help you accomplish Medicaid planning…
