News & Analysis as of September 23, 2024

Estate Planning › Medicaid › Elder Issues

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Elder Law and Special Needs Newsletter: April 2024 Issue

Mandelbaum Barrett PC on 5/2/2024

Check out our April Elder Law and Special Needs newsletter! Our legal team explores important topics including beneficiary designations and the recent updates to the Medicaid divisor, which came into effect this month....more

ELDER LAW LEGAL UPDATE: Important Changes to Social Security Income, Medicaid Resource and Income Allowances, and Regional Rates...

Falcon Rappaport & Berkman LLP on 3/12/2024

The Elder Law Practice Group at Falcon Rappaport & Berkman would like to share some important Elder Law legal updates with our clients and professional partners that will impact Medicaid eligibility for applicants/recipients...more

Do I Have To Pay For My Parent’s Care?

Flaster Greenberg PC on 10/7/2021

Adult children often ask, do I have to pay for my parent’s care? That depends. If you have taken control of your parent’s assets and income, absent a provision in a durable power of attorney allowing you to gift your...more

How Should We Celebrate Elder Law Month?

Foster Swift Collins & Smith on 5/4/2021

With 2020 in the rear view mirror and 2021 well underway, the COVID-19 pandemic continues to generate urgency for elder law planning for those most at risk. May is National Elder Law Month which allows the opportunity to...more

No Free Lunch For the Sandwich Generation

Adler Pollock & Sheehan P.C. on 11/24/2020

Are you part of the sandwich generation? This is the name given to people caught in the middle between caring for elderly parents or in-laws and raising young, and sometimes not-so-young, children. And, of course, you still...more

Don’t Let the Fear of Losing Your Home to Medicaid Contribute to Elder Abuse

Ruder Ware on 7/2/2020

As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or...more

Medicaid Protections for the Healthy Spouse

Chambliss, Bahner & Stophel, P.C. on 2/14/2020

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

My spouse is on Medicaid, now what?

Ruder Ware on 11/14/2019

It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to...more

Is My IRA Safe From the Nursing Home?

Ruder Ware on 6/13/2019

After working and saving, clients are concerned that unexpected costs will become unplanned for drains on their Retirement Accounts (e.g, 401(k), IRA, Roth IRA, 403(b), etc.). As the need to pay for nursing home care nears,...more

How Parents Can Provide for a Caregiver Child

Chambliss, Bahner & Stophel, P.C. on 4/17/2019

Taking care of a parent can be a full-time job. Children may have to give up paying jobs in order to provide care to aging parents. Unfortunately, caregiving is usually unpaid work. Parents who want to compensate a child who...more

Myth Busters: Dispelling 5 Myths About Medicaids Long-Term Care Coverage

Ruder Ware on 3/13/2019

Did you know that Medicaid is the largest source of funding for nursing home care? Medicaid, often called Medical Assistance or Title 19, has many rules that are confusing, and thus a mystery to many people. Even more of a...more

Will the Nursing Home Take My House?

Ruder Ware on 2/11/2019

When faced with the possibility of paying for nursing home care, many people I meet with are concerned about what will happen to their house. Inevitably, I am asked, “Will the nursing home take my house?” To protect the...more

Can I Give My Kids $15,000 a Year?

Chambliss, Bahner & Stophel, P.C. on 11/5/2018

If you have it to give, you certainly can, but there may be consequences should you apply for Medicaid long-term care coverage within five years after each gift. The $15,000 figure is the amount of the current gift tax...more

Promissory Notes and Medicaid

Chambliss, Bahner & Stophel, P.C. on 8/21/2018

A promissory note is normally given in return for a loan and it is simply a promise to repay the amount. Classifying asset transfers as loans rather than gifts can be useful because it sometimes allows parents to "lend"...more

Three Reasons Why Giving Your House to Your Children Isn't the Best Way to Protect It From Medicaid

Chambliss, Bahner & Stophel, P.C. on 12/15/2017

You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it....more

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