Blog Archives | Elder Law Estate Planning Asset Protection
why estate planning and financial planning

Just Retired? Here’s What You Need to Do Next as a New Retiree

 As a new retiree, a part of your retirement plan should have been an estate plan which includes planning for the unexpected. If you have not had an estate plan created yet, here’s a sample of what you need based upon recommendations from Mindy Felinton, Estate Planning and Elder Law Attorney: Comprehensive Financial Power Read more about Just Retired? Here’s What You Need to Do Next as a New Retiree[…]

why estate planning and financial planning

Why a Customized Estate Plan is Important!

 There is no such thing as a “cookie-cutter” family. Every family unit is individual and has its own needs, whether you are raising children on your own as a single parent, bringing up someone else’s biological children from a previous relationship, or you are raising yours together with your partner. You could be an Read more about Why a Customized Estate Plan is Important![…]

why estate planning and financial planning

How to Avoid the Enormous Cost of Nursing Home Care

 It’s the last thing you want to worry about when your spouse goes into a nursing home, but it’s often top of mind… Paying for your loved one’s care. High costs of nursing care have made planning a critically important issue for seniors and their families. Sadly, many are unprepared for the significant financial Read more about How to Avoid the Enormous Cost of Nursing Home Care[…]

why estate planning and financial planning

It’s Never Too Early to Create an Estate Plan, Here’s Why!

 Preparing for the inevitable… It is something almost no one wants to do, but, with COVID-19, many people who would have avoided creating an estate plan, found themselves doing just that. NBC News reports, “More Americans turned their attention to life insurance, wills and trusts last year as the coronavirus pandemic made the reality Read more about It’s Never Too Early to Create an Estate Plan, Here’s Why![…]

why estate planning and financial planning

Having Difficult Conversations with Parents on End of Life

 If you have aging parents, you know there are some difficult and emotional discussions you must have with them. You do not want to upset them, but planning for the inevitable is essential! In this blog, Elder Law & Estate Planning Attorney, Mindy Felinton, will provide you with several tools to help ensure that Read more about Having Difficult Conversations with Parents on End of Life[…]

why estate planning and financial planning

You Need to Have an Estate Plan for Your Adult Children

 No matter how old they are, they will always be your little girl or little boy. But legally, once your child turns 18, he or she is considered an adult. Estate Planning and Elder Law Attorney Mindy Felinton says, “That’s why critical documents need to be created.” An Estate Plan is Not Just About Read more about You Need to Have an Estate Plan for Your Adult Children[…]

why estate planning and financial planning

What is the Impact of Divorce on an Estate Plan?

 A Divorce can be stressful and put mental strain on you and your family members. Unfortunately, Estate Planning or updating your Estate Plan is generally not top of mind when you are going through a divorce which can impact your future. Your children, custody issues and the division of your assets and liabilities often Read more about What is the Impact of Divorce on an Estate Plan?[…]

why estate planning and financial planning

Incapacity & the Relationship to Estate Planning

 If you are looking to create a comprehensive estate plan, you absolutely cannot overlook, incapacity planning. Incapacity planning is the process of establishing a financial or estate plan that addresses the issue of incapacity due to a disease or memory loss, or another debilitating condition. Planning Too Late is Risky Business The circumstances surrounding Read more about Incapacity & the Relationship to Estate Planning[…]

why estate planning and financial planning

What is Guardianship and How Can You Avoid It?

 Guardianship is serious business! Guardianship can be used to take away a person’s rights or liberties in order to protect them and is extreme. If someone is threatening to file for Guardianship whether it’s a family member, an attorney or even a neighbor and it’s not necessary, there are a number of options available Read more about What is Guardianship and How Can You Avoid It?[…]

why estate planning and financial planning

How to Use Medicaid to Pay for the Nursing Home

Getting older and needing help can be challenging. Unfortunately, with the rising costs of long-term care, the cost of getting that help adds to the challenge. If you or a loved one need rehabilitation or nursing home care, you might think you will need to drain your bank account before you can get government assistance Read more about How to Use Medicaid to Pay for the Nursing Home[…]

Testimonial & Review of Elder Law Attorney, Mindy Felinton

When you need an Estate Plan for yourself, or an elderly loved one, you want an attorney who is more than knowledgeable, you want someone you can trust. After all, these are critical decisions that should be along with your retirement plans. Why Mindy Felinton That’s why Attorney Mindy Felinton with offices in Rockville, Maryland Read more about Testimonial & Review of Elder Law Attorney, Mindy Felinton[…]

The Many Rewards Of Helping Others

The work I do as an elder care attorney is endlessly rewarding. I meet people all the time who come to my offices overwhelmed and confused – no, let me tell it like it is – they usually come to me feeling devastated. Many are dealing with severe illness of a spouse, the possible loss Read more about The Many Rewards Of Helping Others[…]

What Happens To Your Retirement Savings When The Unexpected Happens

Most adults who work and save for retirement have a vision, a dream, an idea of what their retirement years will look like. Everyone’s dreams are different. Some include travel to foreign lands, while others are filled with the idea of being able to play golf and tennis every day. Still others may simply be Read more about What Happens To Your Retirement Savings When The Unexpected Happens[…]

How Many Of The 41,155 People Who’ve Died In The U.S. Of COVID19 Were Prepared

While many of the 41,155 people who have died to date in the U.S. from COVID19 since early March were elderly, many of them were not. How many of those dearly departed souls were prepared to take leave of this life, I cannot say. But, I’m willing to guess that many of them did not Read more about How Many Of The 41,155 People Who’ve Died In The U.S. Of COVID19 Were Prepared[…]

The COVID19 Death Toll Rises Among The Young

54,239 Deaths And Counting In The U.S. The devastating loss of life around the world due to COVID19 is unfathomable. In the U.S., to date there have been close to 1 million confirmed cases of COVID19. While the majority of those people have recovered, more than 54,000 people have died so far. I can’t imagine Read more about The COVID19 Death Toll Rises Among The Young[…]

Make Sure Your Will Is Legally Binding And Meets Your Specific State Requirements

Unlike anything that we’ve seen in our lifetimes, the COVID19 pandemic is causing people of every age to suddenly realize their mortality. As a result, there has been a steep increase in the immediate demand for wills as well as estate plans. Initially it was thought that only people over 50 and in particular those Read more about Make Sure Your Will Is Legally Binding And Meets Your Specific State Requirements[…]

Your Retirement Plan Is Not Your Kid’s Education Plan

I don’t often do this, but in this one area I am going to make an unequivocal statement: Don’t even think about using your retirement plan to fund your kids’ college education. Why, you ask? Well, there are numerous reasons. The most important being that you want your kids to become financially responsible and independent. Read more about Your Retirement Plan Is Not Your Kid’s Education Plan[…]

The Difference Between Retirement Planning And Estate Planning

Most people understand the concept of retirement planning as it relates to the money you’ll have to live on after you reach a certain age and leave the work force. However, many more people are unaware of the importance of estate planning and fail to plan. Estate planning is about how you will be cared Read more about The Difference Between Retirement Planning And Estate Planning[…]

COVID-19 prompts seniors to get asset protection and estate management plans and documents in order

COVID-19 Fears Prompt Greater Need For Asset and Estate Protection Plans and Getting Legal Documents Created and Filed

We are in the midst of a global pandemic. COVID-19 is spreading like wildfire around the globe and throughout the U.S., striking down people of every age. Consequently, there has never been a greater reminder of how important it is to consider your estate and asset protection plans. Now is a good time to get Read more about COVID-19 Fears Prompt Greater Need For Asset and Estate Protection Plans and Getting Legal Documents Created and Filed[…]

estate planning and asset protection news and tips

Felinton Elder Law & Estate Planning Centers Founder, Mindy Felinton Reminds Readers That Through The Gift Of Technology We Can Navigate Through COVID-19 If We Stay Put

Elder Care Attorney, Mindy Felinton acknowledges that there is no such thing as “business as usual” in the midst of the COVID-19 pandemic and that taking care of important business via technology is paving the way for a new normal and invites readers to dive in. Rockville, MD., April 17, 2020: Mindy Felinton, founder of Read more about Felinton Elder Law & Estate Planning Centers Founder, Mindy Felinton Reminds Readers That Through The Gift Of Technology We Can Navigate Through COVID-19 If We Stay Put[…]

COVID-19 and seniors - consider your estate and asset management plans

COVID-19 and Seniors: Definitely Not Business As Usual

When we talk about COVID-19 and seniors… it’s really a whole new world. When we think about the novel virus COVID-19 and seniors, many of whom are likely retired, we might not think about “business as usual.” However, for nearly everyone – including the seniors and older adults we typically serve at our elder law Read more about COVID-19 and Seniors: Definitely Not Business As Usual[…]

Spring Break

Talk About A Spring Break

Spring Break For All Well, who on earth could have told us that the whole world would be going on Spring break this year? College kids aren’t the only ones, though it looks like they’ll be getting a break that may last all the way until the fall season. Just about every person of every Read more about Talk About A Spring Break[…]

Coronavirus and Seniors - get your affairs in order

We Didn’t See This Coming

If anyone saw this global pandemic coming and didn’t alert the troops, well, shame on them! Things are changing on a daily basis. While the world is adjusting to previously unheard-of restrictions, everyone is trying to make sense of how to behave in the face of this invisible terrorist. Why Get Your Affairs In Order? Read more about We Didn’t See This Coming[…]

coronavirus motivating seniors to get an estate and asset protection plan in place

Coronavirus Could Be The Motivation You Need To Take Care Of Important Business

Do You Have An Estate and Asset Protection Plan in Place? COVID-19: Everyone is talking about it. The stock market is in a free fall from it. Countries are closing their borders because of it. People are hunkering down and hoarding toilet paper and hand sanitizer, conferences and music festivals around the world are being Read more about Coronavirus Could Be The Motivation You Need To Take Care Of Important Business[…]

importance of a living will and advanced health directive

The Living Will: Make Important Life And Decisions While In Your Right Mind

Do You Have a Living Will or Advanced Health Directive? One of the things we humans have no control over is when we depart from this earthly plane. We never know if we will live healthily to a ripe old age or if we will meet with an accident or illness that will take our Read more about The Living Will: Make Important Life And Decisions While In Your Right Mind[…]

enjoy retirement with a retirement plan

The More Retirement Mistakes You Make The Less You’ll Enjoy Retirement

Retirement is that time in life that so many of us look forward to… we all want to enjoy retirement. It is the time when we all would like to be able to do the things we don’t have time to do while we are still working. Thoughts of hobbies, sports activities, travel and more Read more about The More Retirement Mistakes You Make The Less You’ll Enjoy Retirement[…]

social security scam and elder law tips

Elder Law Tips: Protect Yourself And Loved Ones Against The Growing Social Security Scam

Elder Law Tips: Beware the latest Social Security scam! I provide elder law tips to help protect seniors – your health, welfare, assets, and estate. Recently, I’ve heard from some of my clients that they received an official email notice from the Social Security Administration (SSA) warning about imposter scams that are bilking seniors out Read more about Elder Law Tips: Protect Yourself And Loved Ones Against The Growing Social Security Scam[…]

will updates and sweetheart will

Importance of Will Updates: Mom And Dad Unintentionally Made The Nursing Home The Beneficiary Of Their Will

Why should will updates be done periodically for seniors? It’s important to keep your will up to date. Will updates are easy to overlook. However, I’ve been practicing elder law for many years, and, believe me when I tell you, the statement that is the title of this article is one I have heard more Read more about Importance of Will Updates: Mom And Dad Unintentionally Made The Nursing Home The Beneficiary Of Their Will[…]

retire more confidently elder care attorney

Retire Confidently: The Services Of An Elder Care Attorney Can Help

Would you like to retire confidently? Are you prepared for retirement? With 10,000 Baby Boomers reaching retirement age each and every day, the question is, how many of these retirees are well-prepared for retirement and can retire confidently? Every one of these individuals is a unique universe of needs, desires, hopes and dreams. Each is Read more about Retire Confidently: The Services Of An Elder Care Attorney Can Help[…]

secure law estate planning

Revisit Your Estate Plan In Light Of New SECURE Act

The SECURE Act is in Effect. At the end of 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act was passed into law. Everyone who has a retirement plan such as an IRA or 401k will be affected by this law as of January 1, 2020. It may be in your best interest Read more about Revisit Your Estate Plan In Light Of New SECURE Act[…]

estate to protect

If You Have An IRA Or 401k You Have An Estate To Legally Protect

A Well Thought Out Estate Plan is Not Just for the Wealthy. Most people typically think someone who has an estate plan is rich and famous with millions of dollars that will be divided among heirs upon death. Images of fighting siblings after the rich parent’s death is a common scene in many movies. However, Read more about If You Have An IRA Or 401k You Have An Estate To Legally Protect[…]

retirement planning secrets

Retirement Planning Secrets: One of the Biggest!

Want to know one of the biggest retirement planning secrets? First, you need to know that retirement will probably last longer than you expect! This is the one thing that comes as the biggest retirement planning surprise to most retirees. That’s right. And, once this is discovered, many people wonder why they didn’t know. Why Read more about Retirement Planning Secrets: One of the Biggest![…]

retirement plan

The Only Thing Missing From Your Retirement Plan Is A Lawyer

A retirement plan lawyer? You may wonder why you need a lawyer involved with your retirement plan. After all, if you have a 401k, your employer deducts a certain amount from your pay, and if you’re lucky they match it or at least a percentage. Or you make annual contributions to an IRA. Your funds Read more about The Only Thing Missing From Your Retirement Plan Is A Lawyer[…]

estate planning tips

Estate Planning Tips: ‘Tis The Season To Schedule A Review Of Your Trust And Estate Documents

Estate Planning Tips Might Be the Last Thing You Want to Think About… I know it’s the busiest time of year and listening to estate planning tips is probably not high on your to-do list. And, believe me, I’m not going to suggest adding one more thing on your to-do list before the end of Read more about Estate Planning Tips: ‘Tis The Season To Schedule A Review Of Your Trust And Estate Documents[…]

estate and asset protection plan

An Estate And Asset Protection Plan In Place: Tis The Season To Put One In Place

For many, this is the season to frolic and be merry. So why consider an estate and asset protection plan right now? It’s a time of gift giving and receiving, of celebrating and looking forward to the New Year. This is a very good time of year to do something you’ve been promising yourself to Read more about An Estate And Asset Protection Plan In Place: Tis The Season To Put One In Place[…]

tips for elder adults - avoiding tech support scams

Tips for Elder Adults: You May Not Be Very Tech Literate But You Can Be Very Scam Literate

One of the most important tips for elder adults is learning how to avoid all different types of scams we see today. Most older adults were not weaned on the computer the way younger generations are. That why tips for elder adults that help them avoid scams are so important. Many though, have ventured into Read more about Tips for Elder Adults: You May Not Be Very Tech Literate But You Can Be Very Scam Literate[…]

financial planning

Financial Planning And Asset Protection – Think Of Them As Inseparable

Financial Planning and Asset Protection Should Be Considered As A Pair First comes financial planning. When it comes to financial planning and asset protection, once you’ve created a financial plan, the very next step is to make sure all of your current and future assets are properly protected. Keep Your Assets Safe And Out Of Read more about Financial Planning And Asset Protection – Think Of Them As Inseparable[…]

Thanks

So Thankful

Happy Thanksgiving! Each year at Thanksgiving I think back over the years of my practice and remember all the people I’ve been able to help. This small ritual fills me with such deep gratitude. I feel so privileged to be in a position to help people live better lives and see the light at the Read more about So Thankful[…]

estate planning and pet trusts

Formal Estate Planning and Pet Trusts Redefine Chicken Scratch, Monkey Business And Going To The Dogs

Estate Planning and Pet Trusts Now Mainstream? Why should we focus on estate planning and pet trusts as we age? First, our animals are often better companions than other humans. It’s no surprise then, that many people are now requesting a pet trust be drawn up. I’m sharing some famous examples for entertainment value as Read more about Formal Estate Planning and Pet Trusts Redefine Chicken Scratch, Monkey Business And Going To The Dogs[…]

elder care law Alzheimer's Awareness

Elder Care Law: Alzheimer’s Disease Awareness Month Reminds Me Why I Do What I Do

Elder care law, estate planning, and asset protection all go hand in hand… My desire to work helping the elderly in a legal capacity began a long time ago. In effect, the seeds for my career in elder care law were planted years ago when the phone rang, and, upon answering I heard the panic-stricken Read more about Elder Care Law: Alzheimer’s Disease Awareness Month Reminds Me Why I Do What I Do[…]

pet trusts

Pet Trusts: Protecting Furry And Feathered Family Members Is Now Mainstream

Why are Pet Trusts Becoming More Popular? We are a nation of pet lovers. The increasing prevalence of pet trusts demonstrate that fact. More than two thirds of American households own pets. Annually, we spend more than $50 billion on the care of our pets. We give our pets birthday presents. We have professional photographs Read more about Pet Trusts: Protecting Furry And Feathered Family Members Is Now Mainstream[…]

long-term care

Statistics Prove The Need To Plan For Long-Term Care

Truth be told, no one knows for certain whether they will need long-term care. However, planning as if you will need it is far better than assuming that you won’t need it. I’ve been looking at some statistics that point to the importance of having a solid financial plan that includes provisions for long-term care. Read more about Statistics Prove The Need To Plan For Long-Term Care[…]

estate and asset protection plan for digital assets

When Creating An Estate and Asset Protection Plan Include Directions For Digital Assets

When Creating Your Estate and Asset Protection Plan, Don’t Overlook Your Digital Assets We are living in a digital world. And have been for a few decades now. In fact there are young people who have never seen or heard of a telephone that sat on a table that rang loudly and had to be Read more about When Creating An Estate and Asset Protection Plan Include Directions For Digital Assets[…]

elder abuse

Be Proactive To Avoid Becoming A Victim Of Elder Abuse

Few things make my heart hurt more than hearing about vulnerable older people being taken advantage of financially or being abused in any way. This is why I have dedicated my practice to the area of elder care law including trying to prevent elder abuse of any kind – physical or financial and more – Read more about Be Proactive To Avoid Becoming A Victim Of Elder Abuse[…]

prevent the elderly from becoming scam victims

Help Parents Avoid Becoming Scam Victims

As a caregiver for older parents, it’s important you know how to help prevent the elderly from becoming scam victims. Among the dozens of tasks adult caregivers face is a new worry – phone scammers. According to the Bureau of Labor Statistics, there are roughly 43.5 million unpaid caregivers of adults ages 65 and older Read more about Help Parents Avoid Becoming Scam Victims[…]

depression - update your will

Time to Update A Will? Depression And Mental Health Awareness Month Serves As a Reminder…

Remembering to – or Finding A Time to Update A Will – Can Be Hard. Certain Times, However, Remind Us More Than Others. How does Mental Health Awareness Month serve as a reminder that it might be time to update a will? Depression is one of the most common mental illnesses in the United States. Read more about Time to Update A Will? Depression And Mental Health Awareness Month Serves As a Reminder…[…]

appointing a guardian for school age kids in estate plan

Appointing A Guardian For Your Children: Back to School Is a Good Time

Why Do You Need to Think About Appointing a Guardian for Your Kids? Does your back to school plan include estate planning or appointing a guardian for your kids? It should. Each year, as the kids head back to school, I remind my clients about the importance of establishing an estate plan that includes the Read more about Appointing A Guardian For Your Children: Back to School Is a Good Time[…]

Last Will and Testament

Your Will Won’t Protect Your Loved Ones From Predators And Creditors

A last will and testament is, without question, a powerful document. Besides giving you the ability to distribute your estate, choose your heirs and appoint guardianship, a last will and testament also lets you give your most precious belongings to your favorite people. But a will is not an estate plan, though it may be Read more about Your Will Won’t Protect Your Loved Ones From Predators And Creditors[…]

Medical Crisis

Every Adult Has The Right To Prepare For An Unexpected Medical Crisis

No one likes to think about the prospect of having to face a sudden, debilitating medical crisis. The very term “medical crisis” almost implies the unexpected nature of such events. I suggest to my clients that they think about the prospect of a medical crisis in the same way you think of having an emergency Read more about Every Adult Has The Right To Prepare For An Unexpected Medical Crisis[…]

why estate planning and financial planning

Retirees Four Greatest Fears

What is your biggest fear? It has recently been said that the fear of death has been replaced by the fear of outliving one’s money. According to a Transamerica Corporation survey, 51% of respondents said their greatest retirement fear was outliving their savings. The second greatest fear is one that’s out of our control: Social Read more about Retirees Four Greatest Fears[…]

long-term care

Don’t Let The Government and Long-Term Care Costs Eat Up All Your Assets

Long-Term Care Costs Can Wipe Out Your Assets As a practicing, Elder Law and Estate Planning attorney, I meet hundreds of people each year. One of the most frequently asked questions I hear is, “How can I protect my assets from the government and long-term care costs?” In order to answer that question for you Read more about Don’t Let The Government and Long-Term Care Costs Eat Up All Your Assets[…]

Medicaid Planning

The Importance Of Medicaid Planning For Middle Class And Lower Income Clients

The middle class in this country is shrinking rapidly. For those remaining in this declining middle class, it requires every bit of intellect and wisdom to hold onto the hard-earned money you’ve worked for your entire life. If a tragic accident or illness were to unexpectedly occur, all of your assets could be wiped out Read more about The Importance Of Medicaid Planning For Middle Class And Lower Income Clients[…]

elder care law

Understanding The Purpose Of Elder Care Law

Understanding Elder Care Law: What is an Elder Law Attorney? Many people are not aware of this relatively new area of the law created to specifically serve the needs of the elderly and disabled as well as their families. Elder Care Law emerged due to our prolonged life expectancy. Because we humans are living longer, Read more about Understanding The Purpose Of Elder Care Law[…]

protect your assets - asset protection and long term care plan

Make A Plan To Protect Your Assets Sooner Rather Than Later

Why Consider a Plan to Protect Your Assets? I have always loved making plans. Ever since I was a kid, I would help my mother plan the weekly grocery list. I loved planning menus for dinner. I loved planning goals throughout high school and college and then my life’s goals. Anyone who knows me knows Read more about Make A Plan To Protect Your Assets Sooner Rather Than Later[…]

How to Protect Your House After You Move Into a Nursing Home

If you have Medicaid coverage for nursing home care, there is a chance that the state may file a claim to take monies form the value of your house after you pass away. To protect your house after moving into a nursing home, you should take the necessary measures to secure your home and protect Read more about How to Protect Your House After You Move Into a Nursing Home[…]

How to Reduce Nursing Home Costs

If you have an elderly parent or family member who needs long-term care, you understand that it can be very expensive. According to Care.com (https://www.care.com/c/stories/10237/cost-of-senior-care/) , the average cost for nursing home care can range from $6,000 even up to $16,000 a month in Florida and Maryland. In most cases, neither the parent or adult Read more about How to Reduce Nursing Home Costs[…]

How to Avoid the Costs of Long-Term and Nursing Home Care

If your family member is getting older and seems to be at risk for injuries and falls, it’s imperative to look into alternative health care for them. Of course, there are programs that will assist your loved ones who need 24-hour nursing care. If you’re in a position that gives you the authority to make Read more about How to Avoid the Costs of Long-Term and Nursing Home Care[…]

Estate Planning for Children with Different Parents

Today, second marriages have created a diverse family lifestyle blending newly born and existing step-children under a single roof. As life gets busy, the lack of having an estate plan or not updating an existing one to include the new spouse and children is common. So are the problems connected to the distribution of assets Read more about Estate Planning for Children with Different Parents[…]

What Happens If I Become Incapacitated As a Senior?

While there’s no telling exactly what the future holds, we do know that each of us will experience some kind of decline, as we age. Whether that will include physical conditions, cognitive degeneration, or a combination of the two, there’s really no way to know. All we can really do is prepare for the worst Read more about What Happens If I Become Incapacitated As a Senior?[…]

What is Powers of Attorney and Why Do I Need One?

Powers of attorney is a legal document that allows another person (or agent) to make binding decisions on behalf of another person. There are different types of powers of attorney that grant different types of decision-making authority to the agent. Some powers of attorney allow the person the agent to make financial decisions and sign Read more about What is Powers of Attorney and Why Do I Need One?[…]

estate planning

Doing Your Own Estate Planning? Why You Should Consult an Attorney

Should you really consider doing your own estate planning? Everyone needs an estate plan but many people don’t believe they have enough assets to warrant estate planning or paying special attention to it. You may have written a will years ago and put it in a drawer or safety deposit box, where it might sit Read more about Doing Your Own Estate Planning? Why You Should Consult an Attorney[…]

Transferring Assets For Medicaid Eligibility

Transferring Assets for Medicaid Eligibility

Even middle-class Americans with serious health issues might find themselves financially overwhelmed and in need of government assistance with their medical bills. That’s why Medicaid was established in the first place — to help with the high cost of healthcare when patients can’t otherwise afford to pay. Unfortunately, Medicaid will only provide assistance if you Read more about Transferring Assets for Medicaid Eligibility[…]

4 Asset Protection Strategies to Protect Your Home or Business

Whether or not you own a business, the protection of your personal or business assets should be a priority — but not something that keeps you up at night. While unforeseen events can make you unexpectedly vulnerable, most risks to such major assets as your home, rental properties or businesses can be avoided through these 4 Read more about 4 Asset Protection Strategies to Protect Your Home or Business[…]

medicaid planning at felinton law

Why You Should Use a Lawyer for Medicaid Planning

Medicaid planning can be a stressful and confusing process under even the best of circumstances. But it can be even worse if you’re stressed with trying to place a loved one in a nursing home or through the healthcare system and figure out how to pay for it. Medcaid planning is important because regardless of Read more about Why You Should Use a Lawyer for Medicaid Planning[…]

The Cost of Nursing Homes is Rising in the Washington DC Metro Area

The price tag for anyone seeking long-term care – whether it’s you or for a loved one -isn’t getting any cheaper. Instead, it’s heading in the other direction. Specifically, in the Washington DC Metropolitan area, you can expect to pay $14,000 on average a month, climbing all the way to $168,000 a year. A survey by Genworth showed Read more about The Cost of Nursing Homes is Rising in the Washington DC Metro Area[…]

Retirement Topics to Discuss With Your Significant Other

In a perfect world, you and your spouse would be on the same page when it comes to retirement topics. Your goals would align, you would have the same objectives and have a similar vision for the future. However, what happens when you disagree about one or more retirement topics? In these situations, it is Read more about Retirement Topics to Discuss With Your Significant Other[…]

The Most Important Thing You Can Do For Your Aging Parents

How to Ensure Your Parents Don’t Lose Their Home, Bank Accounts, & Assets To Long Term Care Costs A friend relayed a story that is one I hear all too often when it comes for caring for aging parents. Her friend, I’ll call him Bob to protect his identity, has an aging father who is Read more about The Most Important Thing You Can Do For Your Aging Parents[…]

Estate Planning and Protecting Your Adult Beneficaries

Estate planning is of crucial importance to adults from all walks of life. This includes individuals with extensive assets as well as people of more moderate means, who nonetheless, have desires regarding the distribution of their property after death. One area of particular importance is not only bequeathing assets to adult beneficiaries but also protecting Read more about Estate Planning and Protecting Your Adult Beneficaries[…]

Is Receiving a Negative Inheritance Possible?

People who aren’t prepared for the cost of caring for aging parents may find themselves the victim of negative inheritance, which refers to the costs adult children must bear to care for loved ones that can outweigh any bequests they receive. This term is becoming more familiar to people as a growing number of Baby Read more about Is Receiving a Negative Inheritance Possible?[…]

New Rules Potentially Coming to Asset Transfer Penalties

The Department of Veterans Affairs (VA) recently presented a new proposal concerning the VA pension program, including the Aid and Attendance program, including: • Asset transfer penalties (for asset transfers within a three-year period of a benefits application) • Net worth limit adjustment to $117,240, to match Medicaid’s community spousal allowance for resources, to be Read more about New Rules Potentially Coming to Asset Transfer Penalties[…]

Before You Sign Up for Medicare – Know Your Options!

If you are approaching 65 years of age, you are probably considering Medicare. There are so many options when it comes to Medicare; therefore it is important that you research this thoroughly before you make a decision. The following are some of the basic medicare options you ought to know about regarding Medicare. One of Read more about Before You Sign Up for Medicare – Know Your Options![…]

Will Lawsuit Settlements Affect Medicaid Qualification?

Qualifying for Medicaid is quite challenging. Persons seeking eligibility for the same can qualify through a number of methods. Unfortunately, there are various problems associated with qualifying for such programs. Medicaid has stringent resource and income limitations. Limited funding has caused a low availability of waiver ‘slots’ accessible. The answer to ‘Will lawsuit settlements affect Medicaid Read more about Will Lawsuit Settlements Affect Medicaid Qualification?[…]

New elder care pilot programs coming to South Florida

Both the Palm Beach County and Broward County circuit court systems are participating with six other Florida circuit courts in elder care pilot programs to examine elder care coordination. Four other states will begin the two-year program with Florida. The elder care pilot programs involve guardianships of seniors and squabbling family members who can’t agree Read more about New elder care pilot programs coming to South Florida[…]

Integrate Asset Protection Into Your Estate Plans

The key concept in all estate planning is the preservation of the inheritance for its beneficiaries. This is known by the colloquial description “asset protection.” It is far too easy in the 21st century economy for a large, valuable store to become a target for any number of liabilities, from market losses, to business failures, Read more about Integrate Asset Protection Into Your Estate Plans[…]

Estate Planning Misconceptions

There are a number of misconceptions about estate planning. This is especially so given that a majority of the population is not aware of the importance of estate planning. Additionally, the few who might be aware of the importance, might have the wrong information coupled with bias and misconceptions. Some examples include: That estate planning Read more about Estate Planning Misconceptions[…]

Estate Planning and Divorce In Florida

Understanding how estate planning and divorce in Florida are handled and managed from a legal perspective is an important part of estate planning in general, and asset protection. What a person did for purposes of estate planning during a marriage might be forgotten during a divorce. Florida law recognizes that unless otherwise provided for, the Read more about Estate Planning and Divorce In Florida[…]

How to avoid probate in Maryland

Probate court involves distribution of a decedent’s assets whether they died with or without a will. It can be protracted, increasingly expensive as the process moves along, and certainly perplexing. There are alternatives to probating an estate in Maryland. These are some of the options. Living trust A revocable living trust is recognized as a Read more about How to avoid probate in Maryland[…]

How to Avoid Probate Court in Washington D.C.

Generally speaking, probate assets consist of a decedent’s property at the time of death.  This includes anything of value that does not transfer automatically. The greater the probate assets, the longer and more expensive the probate proceedings become. In Washington DC Probate should be avoided to the extent reasonably possible. General rules for avoiding probate Read more about How to Avoid Probate Court in Washington D.C.[…]

Congress Schedules End to Insurance Coverage of Medicare Part B Deductible

Medicare beneficiaries often buy “Medigap” insurance that pays for many of regular Medicare’s deductibles and copayments. But as a result of legislation just passed by Congress, starting in 2020 Medigap plans will no longer be allowed to offer coverage of the Medicare Part B deductible, which is currently $147 (in 2015). However, current Medigap policyholders Read more about Congress Schedules End to Insurance Coverage of Medicare Part B Deductible[…]

Who Pays the Nursing Home While Waiting for Medicaid Approval?

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?  Yes, people can apply for benefits before they are eligible, with the approval taking effect on the date Read more about Who Pays the Nursing Home While Waiting for Medicaid Approval?[…]

Cost of Private Nursing Home Room Now Averaging $91,250

The median cost of a private nursing home room in the United States has increased 4.2 percent to $91,250 a year, according to the 2015 edition of a Cost of Care survey that the insurer Genworth has conducted for the past 12 years.  Genworth reports that the median cost of a semi-private room in a nursing Read more about Cost of Private Nursing Home Room Now Averaging $91,250[…]

How Can My Mother Revoke Power of Attorney From My Sister?

My sister holds the power of attorney (POA) for our mother, but I think she is stealing from my mother. How do I go about getting the POA transferred to me? What documents do I need?  If your mother is still legally competent, she can revoke her existing durable power of attorney and execute a Read more about How Can My Mother Revoke Power of Attorney From My Sister?[…]

To Ensure Your End-of-Life Wishes Are Honored, an Advance Directive May Not Be Enough

Do you want to live out your last days hooked up to a ventilator or a feeding tube?  Whether you want your life to be extended as long as possible or whether you want no life-sustaining measures at all, you need to make your wishes clear beforehand.  Chances are you won’t be able to express Read more about To Ensure Your End-of-Life Wishes Are Honored, an Advance Directive May Not Be Enough[…]

Am I Financially Liable If I Sign a Nursing Home Agreement for Someone Else?

When a person enters a nursing home, who signs the legal documents? Themselves, the wife, the children, the stepchildren? Does signing make the person financially responsible for the nursing home costs?  If possible, the resident should sign the agreement him- or herself. If the resident is incapacitated, someone else may sign the agreement.  Whether this Read more about Am I Financially Liable If I Sign a Nursing Home Agreement for Someone Else?[…]

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Questions to Ask Your Estate Planning Attorney

Planning one’s estate may seem like a daunting endeavor, but it definitely is an endeavor that invaluably saves time and money for your loved ones when settling your Estate. A qualified estate planning attorney is one of the important persons to turn to at moments like these. The attorney you hire must understand your needs. Read more about Questions to Ask Your Estate Planning Attorney[…]

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Choosing Your Estate Planning Beneficiary

Choosing Your Estate Planning Beneficiary Planning for what will happen to your estate after you pass is one of the most important decisions you will make to protect those you love. While no one enjoys thinking about these things, choosing your estate planning beneficiary brings the peace of knowing there is a plan in place. Read more about Choosing Your Estate Planning Beneficiary[…]

Retirement Planning: What Is the Difference Between a 401(k) and an IRA?

The terms 401(k) and individual retirement account (IRA) are bandied about quite a bit when discussing retirement planning, but what are the actual differences between the two? The main distinction is that a 401(k) — named for the section of the tax code that discusses it — is an employer-based plan, while an IRA is Read more about Retirement Planning: What Is the Difference Between a 401(k) and an IRA?[…]

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Personal Property and Your Living Trust

Creating a living trust provides an effective means through which the probate process is avoided and assets may be protected from a variety of creditors. In creating a living trust, people commonly think about assets like real estate and investment accounts of different types. Personal property must not be overlooked when it comes to the Read more about Personal Property and Your Living Trust[…]

Parents’ Medical History May Make Long-Term Care Insurance More Expensive

Your parents’ health could be one of the many factors that long-term care insurance providers take into account when deciding how much to charge you. One large insurer has started rating applicants based, in part, on the applicant’s parents’ medical histories. Genworth, a major provider of long-term care insurance, announced that it would rate applicants Read more about Parents’ Medical History May Make Long-Term Care Insurance More Expensive[…]

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Issues in Elder Law: Making Health Care Decisions for Someone Else

Issues in Elder Law: Health Care Decisions for Others One thing to consider in elder law is who can or will make health care decisions for someone else Whether you’ve been thoroughly prepared for a long time, or you’ve been thrust into the situation by a suddenly ill loved one, making health care decisions for Read more about Issues in Elder Law: Making Health Care Decisions for Someone Else[…]

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Refinancing Your Home Can Affect Your Estate Planning

Estate Planning and Refinancing Your Home When you are considering the combination of estate planning and refinancing a home, you must remember that refinancing your home could have an impact on your future estate planning. We do not want to be morbid, but you must consider what would happen if you refinance your home and Read more about Refinancing Your Home Can Affect Your Estate Planning[…]

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Elder Abuse in Financial Scams

Elder Abuse in Financial Scams Physical health and mental acuity in elderly individuals may have declined significantly, leaving them easy targets for those who see an opportunity for easy gains. Older people are frequently the targets of well-organized financial scams that steal large sums of money from them before the perpetrators can be apprehended. These Read more about Elder Abuse in Financial Scams[…]

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Misconceptions with Revocable Trusts

When it comes to legal issues related to wills, trusts, and probate for the elderly, it is critical for people to fully understand the legal ramifications and tax effects involved with implementing these types of legal instruments. Misinformation often leads people to make assumptions that can cause significant problems at inopportune times. Revocable trusts are Read more about Misconceptions with Revocable Trusts[…]

What’s a Health Care Proxy and Why Do I Need One?

If you become incapacitated who will make your medical decisions? A health care proxy allows you to appoint someone else to act as your agent for medical decisions. It will ensure that your medical treatment instructions are carried out, and it is especially important to have a health care proxy if you and your family may Read more about What’s a Health Care Proxy and Why Do I Need One?[…]

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What To Do With Online Accounts After Death

In today’s ever increasing digital world, most people have online accounts for a variety of services. Some of these services are financial ones, such as investment and savings accounts. In addition, items such as websites, social networking accounts, email accounts, airline miles and credit card rewards are also common. One aspect of estate planning that Read more about What To Do With Online Accounts After Death[…]

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Estate Planning 101: The Basics of Estate Planning

It may seem far-fetched, greedy, or even pessimistic, but now is the best time to start planning over what to do with your assets when you die. However, estate planning can seem expensive, time-consuming, and tortuously difficult to plan and execute. With his simple guide, we will help you cover an overview of the estate Read more about Estate Planning 101: The Basics of Estate Planning[…]

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Leaving the Nursing Home to Visit Family Could Jeopardize Medicaid Coverage

There is a lot of confusion about Medicare, Medicaid and nursing home coverage. Much of that confusion comes down to the differences between the Medicare and Medicaid programs. Nonetheless, any questions about Medicaid patients leaving a skilled nursing facility in order to visit family should be answered before any arrangements are made. Under some circumstances, Read more about Leaving the Nursing Home to Visit Family Could Jeopardize Medicaid Coverage[…]

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Retirement Mistakes You Need to Avoid

From the moment they begin their careers, many look forward to retirement. They see retirement as a time when they can kick back, relax and enjoy their life without thinking about work. There are some retirement mistakes that individuals can make when planning for their retirement that can turn this would-be enjoyable time into one Read more about Retirement Mistakes You Need to Avoid[…]

Just Published! “Blooper Episodes in Estate Planning and Elder Law”

If you like vintage television, then you’ll love Mindy’s newest book, Blooper Episodes in Estate Planning and Elder Law. Travel back in time as Mindy and coauthor Debbie J. Papay reveal the plots of never-before-seen episodes of popular TV shows from the 1950s to the 1970s. Culling the experience of attorneys and financial advisors, Mindy Read more about Just Published! “Blooper Episodes in Estate Planning and Elder Law”[…]

Cost of Private Nursing Home Room Now Averaging $87,600

The median cost of a private nursing home room in the United States has increased 4.4 percent to $87,600 a year, according to the 2014 edition of a Cost of Care survey that the insurer Genworth conducts each year.  Genworth reports that the median cost of a semi-private room in a nursing home is $77,380, Read more about Cost of Private Nursing Home Room Now Averaging $87,600[…]

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Should You Prepare a Medicaid Application By Yourself?

Medicaid is a joint program of the states and federal government that provides health care coverage and long term care for people who don’t have other health insurance, or who have insurance that doesn’t cover everything they need. Unlike Medicare, which is for people over 65 or some people with disabilities, Medicaid has no age-requirement, Read more about Should You Prepare a Medicaid Application By Yourself?[…]

Adult Day Care: Providing a Break for Caregivers

Caregiving is hard work and it is easy for caregivers to get burned out. Adult day care centers provide care and companionship in a group setting to seniors who need supervision during the day, allowing their caregivers to go to work or take a much-needed break. Often affiliated with another facility, such as a nursing Read more about Adult Day Care: Providing a Break for Caregivers[…]

What Are the House Ownership Options When Parents and Adult Children Live Together?

Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, more than 50 million Americans, or almost 17 percent of the population, live in households containing two adult generations. These multi-generational living arrangements present legal and financial challenges around home ownership. Multi-generational households may include Read more about What Are the House Ownership Options When Parents and Adult Children Live Together?[…]

Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust

If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a “no-contest clause” in your estate planning documents. A no-contest clause provides that if an heir challenges the will or trust and loses, then he or she will get nothing. A no-contest clause may Read more about Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust[…]

Federal Government Creates New Retirement Savings Option: MyRA

In his 2014 State of the Union message, President Obama announced a new retirement savings program for people who do not currently have an employer-sponsored plan. The new investment product, called myRA, is a starter savings account aimed at low- and middle- income workers. Similar to a Roth IRA, the myRA accounts will allow workers Read more about Federal Government Creates New Retirement Savings Option: MyRA[…]

Assisted Living Facilities

Assisted living facilities offer basically the same services as board and care homes, but in a more “upscale” and homelike environment. Housing is often in small apartments and there is generally more space, privacy and recreational options. A premium is placed on retaining as much independence in living as possible, and care is more individualized. Read more about Assisted Living Facilities[…]

Can You Appeal If Medicare Refuses to Cover Care You Received?

Absolutely.  Sometimes Medicare will decide that a particular treatment or service is not covered and will deny a beneficiary’s claim. Many of these decisions are highly subjective and involve determining, for example, what is “medically and reasonably necessary” or what constitutes “custodial care.” If a beneficiary disagrees with a decision, there are reconsideration and appeals Read more about Can You Appeal If Medicare Refuses to Cover Care You Received?[…]

Price of Long-Term Care Insurance Policy Drops, At Least for 55-Year-Old Males

A healthy 55-year-old man can expect to pay $925 annually for $164,000 in current long-term care insurance benefits, according to the 2014 Long-Term Care Insurance Price Index, an annual report from the American Association for Long-Term Care Insurance, an industry group. The Association noted that identical coverage cost 15 percent more in 2013, meaning that the Read more about Price of Long-Term Care Insurance Policy Drops, At Least for 55-Year-Old Males[…]

New Rules Make It More Difficult to Get a Reverse Mortgage

The federal government has tightened the rules regarding reverse mortgages, making it harder for some seniors to get these types of mortgages and reducing the amount of their home’s value that they can tap. The new rules are an effort to strengthen the federal Home Equity Conversion Mortgage (HECM) program, which insures almost all reverse Read more about New Rules Make It More Difficult to Get a Reverse Mortgage[…]

Mindy’s New Book – “Don’t Go Broke in a Nursing Home” Launched!

We are excited to announce Mindy’s new book – “Don’t Broke in a Nursing Home”. See our press release below! FOR IMMEDIATE RELEASE CONTACT:  Joanne Causey, 301-610-0055 Email: [email protected] 932 Hungerford Dr. Suite 29A Rockville, Maryland 20850 https://www.felintonlaw.com/ LOCAL ELDER LAW ATTORNEY DEBUTS CO-AUTHORED BOOK ON PLANNING FINANCIALLY FOR LONG TERM ELDER CARE  Rockville, Maryland, Read more about Mindy’s New Book – “Don’t Go Broke in a Nursing Home” Launched![…]

Medicaid Expansion Signups Hindered By Fear of Estate Recovery

A fear that the government will seize their house after they die is causing some people to not sign up for expanded Medicaid under the Affordable Care Act (ACA). A long-standing provision in Medicaid law allows states to recoup Medicaid costs by putting a claim on the home or other assets of older deceased Medicaid Read more about Medicaid Expansion Signups Hindered By Fear of Estate Recovery[…]

Dollar Limits for Medicaid Long-Term Care Coverage

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 its owner to still qualify for Medicaid. In 2014, the spouse of a Medicaid recipient living in Read more about Dollar Limits for Medicaid Long-Term Care Coverage[…]

Report Reveals Thefts from Nursing Home Trust Funds

An investigative report has found that many nursing homes are mishandling resident’s funds. USA Today found 1,500 cases where nursing homes were cited by state and federal regulators for mishandling funds held in resident trust accounts or failing to protect the funds from theft. Nursing homes set up trust funds for residents who want the Read more about Report Reveals Thefts from Nursing Home Trust Funds[…]

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 are distributed to heirs by the court (probate assets) and some assets bypass the court process and go directly to Read more about Probate v. Non-Probate: What Is the Difference?[…]

IRS Issues Long-Term Care Premium Deductibility Limits for 2014

The Internal Revenue Service (IRS) is increasing the amount taxpayers can deduct from their 2014 taxes as a result of buying long-term care insurance. Premiums for “qualified” long-term care insurance policies (see explanation below) are tax deductible to the extent that they, along with other unreimbursed medical expenses (including Medicare premiums), exceed 10 percent of Read more about IRS Issues Long-Term Care Premium Deductibility Limits for 2014[…]

How Do Divorce and Remarriage Affect Social Security Benefits?

It is common knowledge that husbands and wives are entitled to collect Social Security benefits on their spouses’ work records. Less well known is that this benefit applies to divorced spouses as long as the spouse has not remarried. Divorced spouses are even entitled to survivor benefits in certain circumstances. As a spouse, you have Read more about How Do Divorce and Remarriage Affect Social Security Benefits?[…]

Should You Sign a Nursing Home Admission Agreement?

Admitting a loved one to a nursing home can be very stressful. In addition to dealing with a sick family member and managing all the details involved with the move, you must decide whether to sign all the papers the nursing home is giving you. Nursing home admission agreements can be complicated and confusing, so Read more about Should You Sign a Nursing Home Admission Agreement?[…]

VA Benefits Seminar Coming in January

If you’re an accredited lawyer with the Veteran’s Administration (VA) and need your 3 hours of continuing legal education this all new VA benefits seminar is for you. Join the Maryland State Bar Association’s Elder Law Section in Columbia on January 16, 2014, for “Advocacy for Veterans: Aid & Attendance Benefits” from 9:00 a.m. to Read more about VA Benefits Seminar Coming in January[…]

Medicare Part B Premium to Remain the Same for 2014

The Centers for Medicare and Medicaid has announced the Medicare premiums, deductibles, and coinsurances for 2014. The big news is that thanks to what the administration says are the effects of its health reform efforts, the standard Medicare Part B premium will remain the same, $104.90 a month.  The Part B deductible will also hold Read more about Medicare Part B Premium to Remain the Same for 2014[…]

How to Help Seniors This Holiday Season

Looking to help seniors in your community this holiday season? If you live in the Washington, D.C., area, The Washington Post has published a handy guide to local online volunteer databases that will help you find the perfect match. In Montgomery County, The Senior Connection needs volunteers to provide transportation, grocery shopping assistance, and other Read more about How to Help Seniors This Holiday Season[…]

Be Aware of the Dangers of Joint Accounts

Many people believe that joint accounts are a good way to avoid probate and transfer money to loved ones.  But while joint accounts can be useful in certain circumstances, they can have dire consequences if not used properly.  Adding a loved one to a bank account can expose your account to the loved one’s creditors Read more about Be Aware of the Dangers of Joint Accounts[…]

This Week on “Senior Solutions”: Seniorita Sunshine

This week on “Senior Solutions,” Mindy talks with entertainer Andrea Hancock, aka Seniorita Sunshine, who uses music and dance to connect with seniors in Montgomery County. To watch their conversation — and see Mindy dance to “Mambo Italiano” — tune in to Montgomery Municipal Cable Channel 16 on Tuesday, December 3, at 7:30 p.m. or Read more about This Week on “Senior Solutions”: Seniorita Sunshine[…]

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Staying Eligible for Medicaid after the Death of a Spouse

When one member of a couple moves to a nursing home, we expect that spouse will be the first to die, but this isn’t always the case. What happens if a Medicaid recipient’s spouse dies first? If planning steps aren’t taken, the death of a spouse can affect the nursing home resident’s assets and eligibility Read more about Staying Eligible for Medicaid after the Death of a Spouse[…]

Should You Sign a Nursing Home Admission Agreement?

Admitting a loved one to a nursing home can be very stressful. In addition to dealing with a sick family member and managing all the details involved with the move, you must decide whether to sign all the papers the nursing home is giving you. Nursing home admission agreements can be complicated and confusing, so Read more about Should You Sign a Nursing Home Admission Agreement?[…]

Surviving Spouses of Reverse Mortgage Holders

A federal court has ruled that banks can’t foreclose on surviving spouses of reverse mortgage holders when the spouses can’t pay off the mortgage.  The ruling should lead to regulatory changes that will help surviving spouses stay in their homes even if their names aren’t on the reverse mortgage. As ElderLawAnswers reported in 2012, if Read more about Surviving Spouses of Reverse Mortgage Holders[…]

Pennsylvania Nurse Charged With Assisted Suicide

In a case being closely watched by baby boomers throughout the country caring for aging parents, a Pennsylvania nurse has been charged with helping her 93-year-old father commit suicide. Barbara Mancini allegedly handed her father a vial of morphine, which he drank in its entirety, causing him to fall into a coma. Mancini’s father, Joe Yourshaw, Read more about Pennsylvania Nurse Charged With Assisted Suicide[…]

Using an Annuity to Keep the Spouse of a Medicaid Applicant from Becoming Impoverished

When one spouse qualifies for Medicaid to pay for a nursing home stay, the spouse who is at home is often left without many resources. While Medicaid has rules to prevent community spouses from impoverishment, the protections aren’t always enough. There are steps that you can take to increase the community spouse’s income, and as Read more about Using an Annuity to Keep the Spouse of a Medicaid Applicant from Becoming Impoverished[…]

Digital Assets Raise Estate Planning Questions

More and more, we are conducting our business on the Internet, whether that’s online banking, shopping at Amazon and other sites, uploading documents and files to the “cloud,” posting videos on YouTube, or communicating with high school classmates via Facebook. So, what happens to all of our accounts and files when we become incapacitated or Read more about Digital Assets Raise Estate Planning Questions[…]

This Week on “Senior Solutions”: Financial Scams

This week in an encore presentation of “Senior Solutions,” Mindy and her guests, Alana Davidson and Denise Gambrell, uncover financial scams aimed at seniors and discuss ways to avoid them. Don’t be caught unaware! Tune into Montgomery Municipal Cable Channel 16 tonight at 7:30 p.m. or Wednesday at 10 p.m. to find out what you Read more about This Week on “Senior Solutions”: Financial Scams[…]

“Obamacare” Should Be of No Concern to Medicare Beneficiaries, Although Scammers May Tell You Otherwise

Starting October 1, 2013, people who lack health insurance could start signing up for coverage through the new Internet-based health insurance marketplaces set up under the Affordable Care Act (aka Obamacare).  Most of those who don’t already have insurance will have to buy coverage by March 31, 2014, or pay a penalty. But if you Read more about “Obamacare” Should Be of No Concern to Medicare Beneficiaries, Although Scammers May Tell You Otherwise[…]

Do You Pay Capital Gains Taxes on Property You Inherit?

When you inherit property, such as a house or stocks, the property is usually worth more than it was when the original owner purchased it. If you were to sell the property, there could be huge capital gains taxes. Fortunately, when you inherit property, the property’s tax basis is “stepped up,” which means the basis Read more about Do You Pay Capital Gains Taxes on Property You Inherit?[…]

Dealing with a Deceased Loved One’s Debt Collectors

The last thing anyone wants after the death of a family member is calls from debt collectors dunning the loved one’s estate. While some family members can be contacted by debt collectors, the family is protected from abusive, unfair, or deceptive practices. Usually the estate is responsible for paying any debts the deceased may have Read more about Dealing with a Deceased Loved One’s Debt Collectors[…]

Tonight on “Senior Solutions”: Dementia and Patient Care

Seniors with dementia require a different kind of care. This week on “Senior Solutions,” Mindy speaks with Terry Ullman, a Clinical Social Worker with more than 30 years of experience. Tune into Montgomery Municipal Cable Channel 16 tonight at 7:30 p.m. or Wednesday at 10 p.m. to learn how dementia caregiving differs from other kinds Read more about Tonight on “Senior Solutions”: Dementia and Patient Care[…]

Can Life Insurance Affect Your Medicaid Eligibility?

In order to qualify for Medicaid, you can’t have more than $2,000 in assets (in most states). Many people forget about life insurance when calculating their assets, but depending on the type of life insurance and the value of the policy, it can count as an asset. Life insurance policies are usually either “term” life Read more about Can Life Insurance Affect Your Medicaid Eligibility?[…]

Should You Buy Long-Term Care Insurance With a Long Elimination Period?

Most people are deterred from buying long-term care insurance due to the high cost of the premiums (and the hope that they’ll never need it). Choosing a longer “elimination period” is one way to reduce premiums. The premium level is based on a number of factors, including: Your age Your health The daily benefit you Read more about Should You Buy Long-Term Care Insurance With a Long Elimination Period?[…]

Free Lunch & Learn Estate Planning Seminar Series Begins Next Week

We’ve got good news! Next week we begin our new series of free Lunch & Learn estate planning seminars. Join us on select Wednesdays in September for an hour-long, informative and intimate workshop about issues related to estate planning. All seminars will be held at our Rockville office (932 Hungerford Drive, Suite 29A) and will Read more about Free Lunch & Learn Estate Planning Seminar Series Begins Next Week[…]

This Week on “Senior Solutions”: Alzheimer’s Disease and Memory Care Communities

Tune in to “Senior Solutions” this week to see Mindy’s discussion with Linda Ryan, Director of Marketing at Arden Courts of Kensington, Maryland. Managed and run by specially trained staff, this memory care community caters to the needs of individuals diagnosed with Alzheimer’s disease and other types of memory impairments. When memory issues are the Read more about This Week on “Senior Solutions”: Alzheimer’s Disease and Memory Care Communities[…]

Protect Your Fortune: Free Monthly Estate Planning Seminar Series Begins This Week

Our new monthly series of free estate planning seminars kicks off this Saturday, September 7. Come join us in our Rockville office (932 Hungerford Dr., Suite 29A, Rockville, Maryland 20850) at 9:30 a.m. to learn why estate planning is important and what you can do to protect your loved ones in the future. The seminar Read more about Protect Your Fortune: Free Monthly Estate Planning Seminar Series Begins This Week[…]

Estate Planning in the Age of Stepfamilies

More than 4 in 10 Americans have at least one step-relative in their family – either a stepparent, a step or half sibling or a stepchild – according to the Pew Research Center. The National Center for Family and Marriage Research estimates that about one-third of all weddings in America create stepfamilies. A recent trust case Read more about Estate Planning in the Age of Stepfamilies[…]

This Week on “Senior Solutions”: Make Aging in Place Easier

Most people know what a CPA is, but far fewer people are familiar with a CAPS. A CAPS is a Certified Aging in Place Specialist, who can design and build solutions for seniors and people living with disabilities. This week on “Senior Solutions” Mindy talks to one local CAPS, Steve Hage of Strategies for Independent Read more about This Week on “Senior Solutions”: Make Aging in Place Easier[…]

James Gandolfini: Was His Will a Mistake?

Recently deceased actor James Gandolfini is reported in the New York Daily News of having a $70 million estate for which a federal estate tax of approximately $30 million will be due in large part to his generosity to family and friends. In the article, at least one commentator characterizes this as a tax “disaster.” You can Read more about James Gandolfini: Was His Will a Mistake?[…]

Free Estate-Planning Seminars Coming This Fall

We are very pleased to announce that Mindy will be giving a series of free, informative estate-planning seminars this fall that you won’t want to miss: Are you concerned about your ability to afford nursing home care? Join Mindy on Saturday, September 28, for an information-packed seminar that will help you plan for the future Read more about Free Estate-Planning Seminars Coming This Fall[…]

Mark Your Calendar: Estate-Planning Seminar Coming in September

Are you searching for direction concerning your estate? Please join us for our estate-planning seminar, featuring our “Protect Your Fortune” series, on Saturday, September 7, 2013, from 9:30-11:00 a.m. at our Rockville location (932 Hungerford Drive, Suite 29A). This is open to the public, so we expect this to fill up fast! You may reserve Read more about Mark Your Calendar: Estate-Planning Seminar Coming in September[…]

Our Home Is Your Home! September Open House

We are now happily settled in our new office space in Rockville, Maryland, and we would love for you to stop by and visit our lovely home. Please come join us at our open house on Tuesday, September 17, from 3:00-7:00 p.m. We’ll have great conversation and fine cuisine from Olazzo’s Italian Restaurant. Our new Read more about Our Home Is Your Home! September Open House[…]

This Week on “Senior Solutions”: Exercises for Seniors

Are you a senior wondering what exercises are right for you? Tune in to this week’s episode of “Senior Solutions” for Mindy’s discussion with Mark Goldfarb, a personal trainer focused on seniors. Mindy will even help demonstrate some good exercises for seniors. “Senior Solutions” airs every Tuesday at 7:30 p.m. and Wednesday at 10 p.m. Read more about This Week on “Senior Solutions”: Exercises for Seniors[…]

Have You Planned for State Estate and Inheritance Taxes?

Although most people’s estates aren’t large enough to be affected by the federal estate tax, residents in many states have to consider how state taxes may reduce their estates. Several states have their own estate tax, which can affect much smaller estates than the federal estate tax does. In addition, some states impose an inheritance Read more about Have You Planned for State Estate and Inheritance Taxes?[…]

The Mysteries of Medicare

Confused by Medicare? This week on “Senior Solutions” insurance consultant Jack Davidson pulls back the curtain to explain the different plans available and their implications for you. Don’t make a potentially costly decision without watching this important discussion. “Senior Solutions” airs Tuesdays at 7:30 p.m. and Wednesdays at 10 p.m. on Montgomery Municipal Cable Channel Read more about The Mysteries of Medicare[…]

Can You Protect Yourself From Hospital Observation Status?

A number of Medicare beneficiaries are spending days in the hospital before being transferred to a nursing home, only to find that Medicare won’t pay for their nursing home stay because they were considered to be under “observation” while in the hospital and not actually “admitted.” Unfortunately, there isn’t much you can do to prevent Read more about Can You Protect Yourself From Hospital Observation Status?[…]

Apps and Online Programs for Seniors and Caregivers

Smart phones and tablets are everywhere and their use among seniors and their caregivers is growing. A recent Pew Internet survey found that caregivers are far more likely than non-caregivers to consult online resources for assistance. As the wired population ages, a growing number of apps and online programs are catering to them.  Here are Read more about Apps and Online Programs for Seniors and Caregivers[…]

Social Security and Medicare: Separating Fact from Fiction

The National Committee to Preserve Social Security and Medicare (NCPSSM) is a nonpartisan, issue-based organization dedicated to preserving the integrity of two of the country’s most significant and widespread social and economic benefit programs. Founded by James Roosevelt (the son of President Franklin Delano Roosevelt) in 1982, the NCPSSM today has millions of members across Read more about Social Security and Medicare: Separating Fact from Fiction[…]

Book Review: Protecting Your Family with Long-Term Care Insurance

Phyllis Shelton. Protecting Your Family with Long-Term Care Insurance. LTCi Publishing, Hendersonville, TN. 2013. 360 pages. $19.95 from Amazon or directly from the author’s Web site Long-term care is expensive and only getting more so. That is why everyone needs to consider buying long-term care insurance, according to this newly updated book that explains exactly how Read more about Book Review: Protecting Your Family with Long-Term Care Insurance[…]

Is a Concierge Doctor Right for You?

Do you wish that your primary care physician could give you more personalized attention? Perhaps a concierge doctor is right for you. Concierge physicians offer enhanced services to their patients that traditional primary care doctors cannot. These include same-day appointments, longer office visits, email consultations, and individualized treatment plans—all for a monthly or annual fee Read more about Is a Concierge Doctor Right for You?[…]

Senior Transportation Services Through The Senior Connection

The Senior Connection is a nonprofit, volunteer-based organization that provides senior transportation services and other assistance to homebound seniors in Montgomery County, Maryland.  Established 19 years ago, The Senior Connection matches the needs of more than 1,000 seniors with a core of about 330 volunteers. Its free, personalized programs save the county’s seniors about $1 Read more about Senior Transportation Services Through The Senior Connection[…]

Will You Lose Medicare or Medicaid If You Leave the Nursing Home to Visit Family?

Reunions, graduations, birthdays, and holidays: Whatever the occasion, nursing home residents don’t want to miss out on family gatherings, but may be afraid that they will lose Medicare or Medicaid coverage if they leave the nursing home. In most cases, Medicare recipients can leave for a day or two, although the nursing home may bill Read more about Will You Lose Medicare or Medicaid If You Leave the Nursing Home to Visit Family?[…]

How Can Promissory Notes Be Used in Medicaid Planning?

Promissory notes can be a valuable tool in Medicaid planning, as illustrated by a recent federal district court case. In order to be eligible for Medicaid benefits, a nursing home resident may not have more than $2,000 in assets (in most states). If used properly, a promissory note can help a nursing home resident reach Read more about How Can Promissory Notes Be Used in Medicaid Planning?[…]

Federal Agency Urges Crackdown on the Profusion of Senior Financial Designations

The new federal agency that protects the financial interests of the nation’s consumers is urging tougher regulation of the professional designations that financial advisors use to market their services to seniors. As ElderLawAnswers has previously reported, authoritative sounding titles like “certified senior advisor” or “certified retirement counselor” are often not what they seem.  Thousands of financial Read more about Federal Agency Urges Crackdown on the Profusion of Senior Financial Designations[…]

What Happens If Your Long-Term Care Insurance Company Fails?

When you buy long-term care insurance years before you need it, you are taking a gamble that the company will still be around when it is time to pay out. But what happens if the company goes out of business? Usually insurance companies don’t just suddenly shut their doors. Instead, another insurance company buys out Read more about What Happens If Your Long-Term Care Insurance Company Fails?[…]

Married Couples Can Maximize Their Social Security Benefits Using File and Suspend

Are you married, with one spouse wanting to retire but the other one prepared to keep working? If so, you should take a close look at the “file and suspend” strategy to maximize your Social Security benefits. Spouses are entitled to Social Security benefits on their husband or wife’s work record if the marriage lasted Read more about Married Couples Can Maximize Their Social Security Benefits Using File and Suspend[…]

Live Up to Your Commitment to the Nursing Home, or Beware

A recent Connecticut case highlights the risk to family members of nursing home residents who don’t live up to their financial commitments to such facilities. When her mother was admitted to the Cook Willow Health Center, Judy Andrien signed an admission agreement on behalf of her mother as “responsible relative,” agreeing to take steps to Read more about Live Up to Your Commitment to the Nursing Home, or Beware[…]

Retirement Home Worker’s Refusal to Administer CPR to Save Resident Sparks Debate

The refusal of a retirement home employee to administer CPR to a dying resident has gained international attention and sparked debate about both the legal responsibilities of independent living facilities and the efficacy of CPR itself. When Lorraine Bayless, 87, collapsed in the dining room of Glenwood Gardens, an independent living facility in Bakersfield, California, Read more about Retirement Home Worker’s Refusal to Administer CPR to Save Resident Sparks Debate[…]

Protecting Your House From Medicaid Estate Recovery

After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s care. This is called “estate recovery.” For most Medicaid recipients, their house is the only asset available. Life estates For many people, setting up a “life estate” is the simplest and most Read more about Protecting Your House From Medicaid Estate Recovery[…]

Federal Government Is Getting Rid of Popular Reverse Mortgage Option

The federal government is eliminating its most popular reverse mortgage. Soon homeowners will no longer be able to get a lump-sum payment if they apply for a reverse mortgage under the Home Equity Conversion Mortgage (HECM) Standard program. A reverse mortgage allows a homeowner aged 62 or older to receive a sum of money from Read more about Federal Government Is Getting Rid of Popular Reverse Mortgage Option[…]

Medicare End-of-Life Dilemma: Hospice or Nursing Home?

End-of-life care decisions are never easy, but many Medicare recipients are being forced to choose between nursing home or hospice care, although neither by themselves may be ideal for a patient nearing the end of life. Nursing homes are great for providing around-the-clock care, but in general hospice care is considered to be better at Read more about Medicare End-of-Life Dilemma: Hospice or Nursing Home?[…]

When Is a Hospital Stay Not a Hospital Stay? Bill Aims to Fix Costly Medicare Loophole

Sen. Charles E. Schumer (D-NY) is introducing a bill to change Medicare law so that elderly patients are not charged unfairly for receiving needed nursing home care after being hospitalized. In a press release, Sen. Schumer said the plight of Isadore “Ike” Cassuto, an 88-year-old retired tax attorney and former WWII pilot, is typical of Read more about When Is a Hospital Stay Not a Hospital Stay? Bill Aims to Fix Costly Medicare Loophole[…]

Five Myths About Medicaid’s Long-Term Care Coverage

While Medicare gets most of the news coverage, Medicaid still remains a bit of mystery to many people. The fact is that Medicaid is the largest source for funding nursing home care, but there are many myths about exactly who qualifies for it and what coverage it provides.  Here are five myths followed by the Read more about Five Myths About Medicaid’s Long-Term Care Coverage[…]

Bankruptcy May Be the Better Choice for Debt-Laden Seniors

The conventional wisdom is that you should always pay off your debts, but that may not always make the most financial sense for seniors. In some cases, filing for bankruptcy may be the better choice. Many seniors are struggling with large credit card bills and monthly debt that exceeds their income. Bankruptcy may make sense Read more about Bankruptcy May Be the Better Choice for Debt-Laden Seniors[…]

Mass. Court Rules Wife Is Responsible for Husband’s Nursing Home Care

Spouses need to be very careful or they could end up legally responsible for the cost of their husband’s of wife’s nursing home care, as a recent Massachusetts court decision demonstrates. When Milfranciu Jode entered a nursing home, his wife applied for Medicaid on his behalf.  Mr. Jode was rejected three times due to the Read more about Mass. Court Rules Wife Is Responsible for Husband’s Nursing Home Care[…]

“Fiscal Cliff” Deal Brings Changes to Estate Taxes and IRAs

Congress finally came to an agreement to avoid the “fiscal cliff,” and the agreement includes some changes to federal estate taxes and Individual Retirement Accounts (IRAs). The American Taxpayer Relief Act sets a permanent estate tax rate and provides a tax break for cash donated to charities from an IRA. The new law makes only Read more about “Fiscal Cliff” Deal Brings Changes to Estate Taxes and IRAs[…]

The Durable Power of Attorney

For most people, the durable power of attorney is the most important estate planning instrument available—even more useful than a will. A power of attorney allows a person you appoint—your “attorney-in-fact” or “agent”—to act in place of you—the “principal”—for financial purposes when and if you ever become incapacitated. In that case, the person you choose Read more about The Durable Power of Attorney[…]

A Reverse Mortgage Could Cause You to Lose Your Home

A reverse mortgage can be a great tool in the right circumstances, but if you aren’t careful you could end up losing your home. A recent front-page article in the New York Times lays out some of the problems homeowners are encountering with these mortgages. You must be 62 years or older to qualify for Read more about A Reverse Mortgage Could Cause You to Lose Your Home[…]

Social Security Benefits to Edge Up 1.7 Percent in 2013

The nation’s elderly and disabled Social Security recipients will receive a 1.7 percent increase in payments in 2013. This is expected to raise the average monthly payment for the typical retired worker by $21.  The increase is less than half of last year’s 3.6 percent cost-of-living adjustment (COLA). In any case, the modest rise will be Read more about Social Security Benefits to Edge Up 1.7 Percent in 2013[…]

Medicare to End Standard for Coverage of Skilled Services

In a major change in Medicare policy, the Obama administration has provisionally agreed to end Medicare’s longstanding practice of requiring that beneficiaries with chronic conditions and disabilities show a likelihood of improvement in order to receive coverage of skilled care and therapy services. The policy shift will affect beneficiaries with conditions like multiple sclerosis, Alzheimer’s Read more about Medicare to End Standard for Coverage of Skilled Services[…]

A Seniors Real Estate Specialist Helps Buy and Sell Homes

Senior Estate Planning & Asset Protection: Seniors and Real Estate – A Seniors Real Estate Specialist May Be What You Need Seniors who are buying or selling a house often have very different issues than younger buyers and sellers. Seniors may be contemplating downsizing or moving to a more accessible home, or they may be Read more about A Seniors Real Estate Specialist Helps Buy and Sell Homes[…]

Senior Voters: ID Laws May Prevent Many Seniors From Voting

Elder Law Considerations: Voter ID Laws and Senior Voters The new voter ID laws that are being passed in a number of states may be disenfranchising many senior voters. The laws, purportedly enacted to prevent voter fraud, require voters to have a government-issued photo identification card — something nearly one in five seniors lack, according Read more about Senior Voters: ID Laws May Prevent Many Seniors From Voting[…]

Book Review: A Doctor’s Prescription for Better End-of-Life Care

Learn More About End-of-Life Care In Easy-Reading Book Ira Byock, M.D. The Best Care Possible: A Physician’s Quest to Transform Care Through the End of Life. Penguin Group, New York, N.Y. 2012. 320 pages. $15.11 on Amazon. Click here to purchase. Advances in medicine are allowing Americans to live longer than ever, but this brings Read more about Book Review: A Doctor’s Prescription for Better End-of-Life Care[…]

How Gifts Can Affect Medicaid Eligibility

Medicaid eligibility has been traditionally hard to understand and sometimes, even more difficult to manage correctly. We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care benefits, you need to be careful because giving away money or property can interfere Read more about How Gifts Can Affect Medicaid Eligibility[…]

Importance of Elder Care & Elder Care Law

Elder Care and Elder Care Law Considerations Children and family members who are caregivers are often confronted with overwhelming decisions. There are so many important concerns and challenges. What level of care does my dad need? Will my mom be safe at home? How are we going to pay for it? My husband needs long Read more about Importance of Elder Care & Elder Care Law[…]

State Laws Create Obstacles to Advance Directives & End-of-Life Planning, Study Finds

One important element of end-of-life planning are advance directives… Despite well-publicized cases like that of Terri Schiavo, most Americans still do not have “advance directives” that give caregivers instructions on the kind of end-of-life care they would like to receive should they become terminally ill or permanently unconscious. End-of-life planning helps to ensure your wishes Read more about State Laws Create Obstacles to Advance Directives & End-of-Life Planning, Study Finds[…]

Advanced Directive vs the Physician Orders for Life-Sustaining Treatment (POLST): A New Approach Reduces Unwanted Medical Treatments at End of Life

Issues in Elder Law: The Advanced Directive vs the Physician Orders for Life-Sustaining Treatment (POLST) Nursing home patients are less likely to be subjected to unwanted medical interventions or hospitalizations under a program that offers an alternative to simple advance directives, according to a new study. While advance directives or “living wills” provide general guidance Read more about Advanced Directive vs the Physician Orders for Life-Sustaining Treatment (POLST): A New Approach Reduces Unwanted Medical Treatments at End of Life[…]