News

What Happens When a Nursing Home Closes?

A nursing home closure can be traumatic for residents who are forced to move. While there may not be much that can be done to prevent a closure, residents do have some rights.

The Struggle to Prevent Nursing Homes From Keeping Patients Out of Court

As a child, one of my favorite games was King of the Hill. Winning was temporary. The minute you got on top of that dirt pile, someone was there to take you down. Public policy is no different.

Components of an elder law estate plan

Clients are often surprised at the amount of documents included in an elder law estate plan. Following are the various components.

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

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.

Housing A ‘Crisis’ For People With Disabilities

Housing prices across the country are far outpacing the monthly benefits provided by Supplemental Security Income, according to a new report, forcing many people with disabilities into homelessness or costly institutional care.

Medicaid's Gift to Children Who Help Parents Postpone Nursing Home Care

In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you ineligible for Medicaid for a period of time. However, there are circumstances in which transferring a house will not result in a penalty period.

Reverberations Of War Complicate Vietnam Veterans' End-Of-Life Care

Ron Fleming is 74 now, but he's spent most of his life trying to recapture what life felt like when he was 21, fighting in Vietnam.

Non-Borrowing Spouse Protections In HECM Transactions

Many of us have seen the unfortunate news stories featuring a widow or widower homeowner whose recently deceased spouse took out a reverse mortgage and now he or she faces foreclosure and involuntary displacement. Fortunately, the U.S. Department of Housing and Urban Development (HUD) has responded through a series of recently enacted regulatory changes to its Home Equity Conversion Mortgage (HECM) program that offer additional protections for “non-borrowing spouses.”

How Do I Relinquish Guardianship of My Husband?

I am the caregiver and guardian for my husband, who suffered a severe stroke 18 months ago. I can no longer provide the care that he needs due to my own health declining. How do I go about relinquishing guardianship of him? Any and all advice is appreciated.

Tactfully Approach Key Issues with Elderly Loved Ones This Season

Holiday family gatherings are often one of the few times the whole family can be together throughout the year. This time to catch up and reconnect makes for a joyous season. For adult children of elderly parents or loved ones, it can also provide an opportunity to assess needs and talk about some of the important issues around aging.

You Can Give Away More Tax Free in 2018

After staying the same for five years, the amount you can give away to any one individual in a particular year without reporting the gift will increase in 2018.

Medicare Launches Hospice Compare Website

Patients looking for hospice care can now get help from Medicare’s website. The agency’s new Hospice Compare site allows patients to evaluate hospice providers according to several criteria. The site is a good start, but there is room for improvement, experts say.

How the Elder Law Attorney Can Help the Personal Injury Attorney

The case is about to settle, or the verdict is in, and now the client wants to know how will it affect his or her benefits. First, you will likely have to help the personal injury (PI) attorney assess the type or types of benefits the client is receiving and determine if the settlement puts the benefits in jeopardy. How did the client receive these benefits — through means-testing or due to work history? Perhaps the PI attorney has not considered benefits, but understands that the client is incapacitated and will need the assets managed; or perhaps public benefits may be necessary in the future.

Several States Roll Back 'Retroactive Medicaid,' A Buffer For The Poor

If you're poor, uninsured and have a bad car wreck or fall seriously ill, there's a chance in most states to enroll for Medicaid after the fact. If you qualify for Medicaid, the program will pay your medical bills going back three months.

Medicare announced its premiums for 2018. Here’s what you need to know.

The Centers for Medicare and Medicaid Services (CMS) has announced that the 2018 premium for Part B of Medicare will remain at $134 a month. But even with no change, millions of Social Security recipients will pay sharply higher Part B premiums that will eat up all or most of next year’s 2 percent cost of living adjustment (COLA) for Social Security.

How the Elder Law Attorney Can Help the Personal Injury Attorney

When the call comes from the plaintiff’s attorney asking what should be done about the client’s public benefits, be prepared to answer.

For Better or for Worse, States Are Turning to Managed Care for Medicaid Long-Term Care

More and more states are switching to a managed care model when dealing with Medicaid long-term care patients, a change that has resulted in a loss of services in some cases.

New Guides Help Those Appointed to Manage Someone Else's Money

Have you been officially asked to manage someone else's money? For example, have you been named as an agent under a power of attorney or appointed trustee of a trust? As our society ages, more and more people are being asked to take on these roles, but they come with both powers and responsibilities, and problems can arise.

New Blood Test Can Detect Alzheimer's Before Symptoms Occur

November is National Alzheimer’s Awareness Month. The neurodegenerative disease affects over five million people in the United States. That number is expected to grow to 16 million by 2050. With no cure and no long term treatments, new studies are focused on early detection. This year, researchers discovered a way to detect Alzheimer’s even before the onset of symptoms in people at genetic risk for developing the disease.

Gifts to Grandchildren

Gifting assets to your grandchildren can do more than help your descendants get a good start in life; it can also reduce the size of your estate and the tax that will be due upon your death.