Wills, Trusts, & Estate Planning, Health Law

Planning And Paying For Long-Term Care (Part 6 In A Series: Medicaid/Medical Assistance)

by Scott Alan Mitchell | McNees Wallace & Nurick LLC on 5/10/2013

In Part 5, I discussed the issue of “excess” assets and the “spend-down” process in Medical Assistance. Apart from a couple’s exempt assets (house, one car, household furnishings, etc.), the remaining assets are “countable”...more

Mcnees Insights - Asset Planning and Federal Taxation - Spring 2013

by Vance E. Antonacci, Scott Alan Mitchell | McNees Wallace & Nurick LLC on 5/8/2013

In This Issue: ATRA 2012 – How Does it Affect You?; Planning and Paying for Long-Term Care; and Obama Revenue Raising Proposals. Excerpt from ATRA 2012 – How Does it Affect You?: The American Taxpayer...more

Trusts & Estates - Preventative Medicine for the Health of Your Estate

by Leora Ardizzone, David Schoenhaar | Ruskin Moscou Faltischek on 5/1/2013

Physicians and other licensed health care providers labor many years to build their practices. However, unlike many other businesses, a health care practice cannot be passed by will or otherwise to the provider's spouse or...more

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

by William Dillon | Messer & Caparello, P.A. on 4/15/2013

On April 9, 2013 the United States Court of Appeals for the Eleventh Circuit issued an opinion regarding HIPAA preemption in the case of Opis Management Resources, LLC v. Florida Agency for Care Administration. Opis...more

Tax Law Blog: Unfortunate Reminder of the Need for Powers of Attorney

by Jana M. Luttenegger | Davis Brown Law Firm on 2/27/2013

When most people think of estate planning, they think of drafting a will or trust to say what happens to property after death. Arguably more important is what happens when you are alive but unable to make decisions following...more

What Does The Spouse Live Off Of When The Other Is In A Nursing Home?

by Deirdre R. Wheatley-Liss | Fein, Such, Kahn & Shepard, P.C. on 2/12/2013

So Dad is in nursing home, and has qualified for Medicaid to supplement the cost of care. What does Mom live off of? First, while assets are pooled together for Dad to have qualified for Medicaid in the first place,...more

Do YOU need an Estate Plan?

by Sabrina Winters, Attorney at Law, PLLC on 1/29/2013

There is a misconception that you need to be wealthy or old or sick to even think about having an Estate Plan. The misconception there is that wealth, age, marriage, divorce and health do not dictate whether an Estate Plan...more

Health Law: Family Feud Redux - The Release of Information to Family Members - HIPAA 164.510(B) & the New Standard

by Jo Ellen Whitney | Davis Brown Law Firm on 1/25/2013

It has always been difficult to make determinations regarding what information can be provided to a family member once a patient or long-term care resident has passed away....more

McNees Insights - Asset Planning and Federal Taxation - Winter 2013

by McNees Wallace & Nurick LLC on 1/14/2013

2012 Tax Act - The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on January 1, 2013 to avert the tax law changes that were one part of the “fiscal cliff” facing our country’s economy (the other...more

CMS Signals Renewed Focus on Advance Directives and Residents’ Rights to Determine End-of-Life Care

by Kenneth L. Burgess | Poyner Spruill LLP on 12/17/2012

By the time you read this article, if you are a skilled nursing facility (SNF), you will already be subject to new surveyor guidance from the Centers for Medicare and Medicaid Services (CMS) on advance directives and...more

Protecting Your Beneficiaries From Themselves: Drug Testing Provisions in Trusts

by The Valkovich Law Firm, PLLC on 12/6/2012

Can you leave an inheritance to a loved one with a drug or alcohol problem without funding the addiction? You have options....more

Estate Planning: Lessons Learned From Hector "Macho" Camacho

by Evan Guthrie Law Firm on 11/23/2012

Estate Planning: Lessons Learned From Hector "Macho" Camacho Hector "Macho" Camacho was shot outside of a bar in Puerto Rico in November of 2012 and was pronounced brain dead by doctors. "Macho" Camacho is best known as a...more

McNees Insights - Fall 2012

by Vance E. Antonacci, Scott Alan Mitchell, David M. Watts, Jr. | McNees Wallace & Nurick LLC on 11/15/2012

In This Issue: Year-End Tax Planning - Year-end planning is a bigger challenge this year than in past years because, unless Congress acts, tax rates will go up next year, many more individuals will be snared by...more

New 3.8% Medicare Tax on Investment and Unearned Income Beginning in 2013

by Thompson Coburn LLP on 11/14/2012

Starting January 1, 2013, a new 3.8% Medicare tax will apply to the investment and “unearned income” of individuals, trusts and estates. The tax is intended to apply to income exempt from the regular FICA or self-employment...more

Geriatric Care Managers: A Helping Hand When You (Or Your Loved One) Needs One

by Bean, Kinney & Korman, PC on 9/28/2012

As an adult child with parents aging far away from where you live, you probably often worry about your parent’s safety, wonder if they are getting the care they need and are okay to live alone. Perhaps, if you have siblings,...more

Are You Prepared for Major Income Tax Changes on January 1, 2013?

by Loeb & Loeb LLP on 9/27/2012

Much has been written about changes to the estate and gift tax law scheduled to occur on January 1, 2013, particularly the reduction of the lifetime estate and gift tax exemption amount from its 2012 level of $5,120,000 to $1...more

Who will make medical decisions for you when you can't?

by Sabrina Winters, Attorney at Law, PLLC on 9/25/2012

An illness or medical emergency can happen to any of us at anytime. Age, wealth, gender…virtually have no bearing. Have you given any thought to whom you would want to make a medical decision for you if you could not do it...more

Estate Planning Update - September 2012: New Taxes Make Year-End Income Tax Planning More Important

by Pepper Hamilton LLP on 9/21/2012

It is not too early to start planning income tax steps to take before year-end. The Patient Protection and Affordable Care Act introduced two new taxes that will go into effect January 1, 2013. These are a 3.8 percent...more

HIPAA Authorization As Part of an Estate Plan

by Evan Guthrie Law Firm on 8/23/2012

You may think that an adequate estate plan consists of a will or living trust coupled with a durable power of attorney and a healthcare power of attorney and living will. There is now an additional estate planning document...more

Becoming Incapacitated Without A Healthcare Power Of Attorney

by Evan Guthrie Law Firm on 8/13/2012

A Healthcare Power of Attorney is meant to be in place to allow you to make healthcare decisions for yourself when you are no longer able to speak for yourself. You are considered to be legally incapacitated when you can no...more

The Best Time To Make A Living Will and Healthcare Power of Attorney

by Evan Guthrie Law Firm on 8/12/2012

A Living Will and Healthcare Power are the most important estate planning documents that you can make. This is for the simple fact that they affect you and have huge ramifications for you while you are still alive. The...more

McNees Insights -- Summer 2012

by McNees Wallace & Nurick LLC on 8/7/2012

In This Issue: Planning For College – 529 Accounts; Estate Planning - IRS Issues Temporary Portability Regulations; and Filial Support and Mr. Pittas. Excerpt from Planning For College – 529 Accounts If you...more

Tax and Business Planning - August 2012

by Polsinelli on 8/7/2012

In This Issue: - Investment Income Surtax ...2 - Trusts and Estates ...3 - Increased Threshold for Deducting Medical Expenses ...3 - Planning Opportunities ... 4 Excerpt from Headline Article: Tax Increases...more

Medline and Long-term Care Leaders Team Up for Health Care Initiatives

by Darol Tuttle on 7/28/2012

Medline, the largest medical supplier in the United States has joined the nation’s long-term care leaders to meet with congressional leaders on health care initiatives affecting seniors and the nursing home industry. ...more

Demystifying Advance Directives

by Lane Powell PC on 7/17/2012

In This Issue: Introduction; Advanced Directives; Learning Which of Your Residents Has an Advance Directive; Living Wills; Requirements of a Valid Living Will; Do Not Resuscitate/DNR Orders; Some Other Common Subjects of...more

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Wills, Trusts, & Estate Planning › Health Law