Dana Perry

Dana Perry

Chambliss, Bahner & Stophel, P.C.

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Housing Options for Adults with Special Needs

Fifty years ago, most people with even moderate special needs were institutionalized throughout their adult lives. Now, thanks in part to societal changes and decades of litigation, most people with special needs, including...more

2/9/2015 - Affordable Housing Assisted Living Facility Group Homes Skilled Nursing Facility Special Needs Adults

Should I Disinherit a Child with Special Needs?

Inexperienced or incompetent estate planning attorneys have a bad habit of telling parents of children with special needs to simply write their child out of their estate plan altogether in order to ensure that the child will...more

2/6/2015 - Beneficiaries Social Security Benefits Social Security Disability Special Needs Trust

House Passes Rule Change Making It Harder to Fund Social Security Disability Trust Fund

In one of its first acts of the new Congress, the Republican-controlled House of Representatives changed its rules to prevent lawmakers from shifting money from the Social Security retirement trust fund to the Social Security...more

2/5/2015 - Legislative Agendas Pending Legislation Social Security Social Security Disability Trust Fund Social Security Retirement Trust Fund

Level of Assets That Spouses of Medicaid Recipients May Keep Rises for 2015

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community while their husband or wife is receiving long-term...more

1/13/2015 - Long-Term Care Medicaid Personal Property Spouses

The Overuse of Antipsychotic Drugs in Nursing Homes

Many nursing homes are improperly prescribing antipsychotic drugs to patients even though federal law restricts their use. Almost 300,000 nursing home residents are currently receiving antipsychotic drugs normally used to...more

1/12/2015 - CMS Healthcare NPR Nursing Homes Prescription Drugs

What Happens to Your Online Content When You Die?

More and more of the music, movies, and books we own exist only online, in digital form. What happens to these collections after the owner dies? Surprisingly, while you may want your heirs to have access to the books, music...more

1/9/2015 - Beneficiaries Digital Assets Digital Downloads Digital Media IP License License Agreements

Redo Your Estate Plan When You Remarry

If you are getting remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters like redoing your estate plan. You may have created an estate plan during your first marriage, but this...more

1/8/2015 - Spouses Trust Amendments

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

8/11/2014 - Accounting Conservators Fiduciary Duty Guardians Special Needs Trust Trustees Trusts

Private Disability Insurance: Know the Coverage Details

Many employers provide short- and long-term disability insurance for their employees as an important part of their benefits packages. These policies often make an enormous difference in an employee's quality of life if she is...more

8/8/2014 - Disability Insurance Employee Benefits

Choosing a Trustee for a Special Needs Trust

Choosing a trustee is one of the most important and difficult issues in creating a special needs trust (SNT). Trustees must have the necessary expertise to manage the trust, including making proper investments, paying bills,...more

8/7/2014 - Beneficiaries Special Needs Trust Trustees

New Yorker Cartoonist Lauds Elder Law Profession in Interviews About Her Book

The popular New Yorker cartoonist Roz Chast has created a graphic memoir of coping with her parents’ final years, titled Can’t We Talk About Something More Pleasant? The book has received widespread attention and critical...more

7/14/2014 - Power of Attorney

5 Questions to Ask Before Making Gifts for Medicaid or Tax Planning

Many seniors consider transferring assets for estate and long-term care planning purposes, or just to help out children and grandchildren. Gifts and transfers to a trust often make a lot of sense. They can save money in taxes...more

7/11/2014 - Long-Term Care Medicaid Tax Planning Transfer of Assets

Scorecard Ranks States on Long-Term Care Services

A new report ranks states on the quality and accessibility of their long-term care services and concludes there is a lot of room for improvement. The 2014 State Long-Term Services and Supports Scorecard finds that quality of...more

7/9/2014 - AARP Healthcare Information Reports Long Term Care Facilities Long-Term Care The Commonwealth Fund

IRS Now Allows Caregiver Parents to Exclude Medicaid Waiver Payments From Income

The Internal Revenue Service has reversed a long-standing policy and agreed to allow parents of people with disabilities who receive Medicaid waiver funds in return for caregiving services provided to their children to...more

2/7/2014 - CMS Exclusions Healthcare Income Taxes IRS Medicaid Waivers

Making Decisions for a Child with Special Needs Who Becomes an Adult

Parents of children with special needs must be concerned with ensuring that medical and financial decisions will continue to be made in the child's best interest once the child reaches age 18 -- the age of legal capacity. In...more

2/6/2014 - Conservators Guardians Parental Consent

What Is a "First-Party" Special Needs Trust and When Is It Useful?

A Special Needs Trust (SNT) can play an important role in preserving the financial security and lifestyle of a person with special needs. A properly drafted SNT allows the individual to benefit from supplemental resources...more

2/5/2014 - Estate Planning Special Needs Trust Trusts

9 (Potential) Problems with Your Trust

All trusts should be reviewed every few years to make sure that they are up-to-date with the law and meet your goals today. Following is a checklist of trust features you can review yourself. But be aware that these only...more

1/14/2014 - Estate Planning Trusts

Key 2014 Dollar Limits for Medicaid Long-Term Care Coverage Released

The Centers for Medicare & Medicaid Services (CMS) has released the 2014 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep and the limit on how much a home can be worth for...more

1/13/2014 - CMS Healthcare Long-Term Care Medicaid Medicare Nursing Homes

Probate v. Non-Probate: What Is the Difference?

When planning your estate it is important to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute your property after you die. Some assets...more

1/10/2014 - Estate Planning Probate Wills

3 Year-End Estate Planning Action Items Most People Should Consider (But Usually Don't)

In your experience, what is the one thing people don't do but should, when it comes to year-end estate planning activities? That's the question we put to estate planning experts writing on JD Supra. Here's what we heard...more

12/16/2013 - Beneficiary Designations Estate Planning Legal Perspectives Qualified Charitable Distributions Year-End Planning

What Is a Pooled Trust and How Does It Protect My Family Member?

Because beneficiaries of programs like Supplemental Security Income (SSI) and Medicaid must be quite poor to qualify, they can lose their benefits when they come into an inheritance, receive money in their own names from an...more

12/11/2013 - Beneficiaries Estate Planning Pooled Investment Vehicles Special Needs Trust Trusts

Is Your Special Needs Plan Due for a Tune-Up?

Doctors recommend visiting once every year for a physical, and dentists stress the importance of six-month checkups, but did you know that you should also take the time to review your special needs plan with your attorney at...more

12/10/2013 - Estate Planning Special Needs Trust

Suit Alleges Kentucky Disability Lawyer Colluded With Judge to Win Cases -- And Millions in Fees

A recently unveiled whistleblower lawsuit alleges that a prominent Kentucky disability lawyer illegally colluded with a federal disability judge to approve his clients' cases and reap the millions in attorney's fees that came...more

12/9/2013 - Attorney Misconduct Corruption Disability Judicial Misconduct Legal Ethics

Federal Disability Benefits Set to Rise Only 1.5 Percent

People with disabilities and senior citizens can expect a small, 1.5 percent increase in their Social Security and Supplemental Security Income (SSI) benefits in the new year, an even smaller cost of living adjustment than...more

12/6/2013 - Disability Disability Insurance Social Security

Is an Electronic Will Valid?

Is a will created on a tablet computer valid? An Ohio judge recently answered that question in the affirmative, but most states have not addressed the issue. As electronic devices become more commonplace, this question will...more

11/19/2013 - Electronic Devices Estate Planning Probate

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