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![…]
Did you know that if you do not pre-plan, your estate will go into Probate after you pass on? And while you will not be here to deal with the hassles, your loved ones will. Probate is a complex and complicated legal proceeding where the courts determine how to handle your assets and other Read more about The Complexity & Impact of Probate Court[…]
With the tough times we have been going through these days, many people have paused to look towards the future. Within that is the crucial step that many miss, Estate Planning. So, with that said, you have several options, including a Revocable and/or an Irrevocable Trust. But many people do not know the difference. Read more about Comparing Revocable & Irrevocable Trusts[…]
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[…]
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![…]
When you talk about Estate Planning, you often hear the terms “Will” and “Trust” used together. They both have a role in determining who receives your assets after you die, but they are different documents that serve different purposes. Estate Planning & Elder Law Attorney, Mindy Felinton, wants to help explain these terms to Read more about Comparing Wills and Trusts[…]
Pets, they are often called Man’s best friend! Truth be told, some of us would rather spend time with our beloved pets than with some family members. You can be re-assured to know that we can plan for what will happen to Fido or Fluffy after we are gone, by establishing a Pet Trust. Read more about Protecting Your Pet After Passing Away[…]
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[…]
In Maryland, it’s not unusual for residents to own a second, out-of-state property, like in Florida. It may be a home or a condo at the beach that provides a place to escape the sauna-like summers. However, if you own homes in multiple states, the Probate court process can make it even more expensive Read more about Estate Planning with 2 Homes in Multiple States[…]
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[…]
Planning for Death is not something any of us like to do, but most of us understand it is a necessity. We also recommend planning for your incapacity which is essential, and most people do not consider the risks of not having this place. We may have had personal experiences where a friend or Read more about Planning for the Unknown: Your Incapacity[…]
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?[…]
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[…]
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?[…]
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[…]
Let’s be honest, no one really likes to discuss estate planning, however it is a critical piece of one’s retirement plans that is often overlooked. Considering today’s climate, it is especially true considering the uncertainty that has happened this year. Here at Felinton Elder Law & Estate Planning Centers, we are asked, how do you Read more about Why is Asset Protection Important?[…]
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[…]
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[…]
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[…]
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[…]
When you notice your parents are showing signs of aging, you need to decide on the best course of action to provide guidance and help. Even if they have their mental faculties are in tack and they are mobile, it’s still recommended to have a plan in place to ensure that they are given the Read more about How to Care for Your Aging 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[…]
When you die, you will likely have possessions and assets that you want to transfer to your family members or other loved ones. There are two approaches you may take to address how this will occur. You can either see an attorney for estate planning, or you can let the court system in your state Read more about What Are Some Concerns for My Estate?[…]
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?[…]
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?[…]
FELINTON ELDER LAW & ESTATE PLANNING CENTERS believes in delivering the absolute best client experience, and in order to better serve you, we are announcing new appointment times for people who work during regular business hours. Days Hours Monday 9:00 AM – 5:00 PM Tuesday 9:00 AM – 6:30 PM Wednesday 9:00 AM – 5:00 Read more about New Hours![…]
We don’t like to discuss it, even with our closest loved ones, but our later years will be marked by a more than likely decline in physical or mental health. In many cases, both our physical bodies and our cognitive functioning declines, as we get older. That means we have to plan for the probability Read more about How Do I Talk To My Parents About Long-Term Care?[…]
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[…]
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[…]
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 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 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[…]
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[…]
We’ll be at Women’s Fest 2017 showcasing our services and speaking to showgoers! Women’s Fest 2017 is an event all focused around women bringing together extraordinary workshops, entertainment and a collaboration of ideas. Stop by our booth and let us know what you think!
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 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[…]
Probate and real estate can become even more complicated and expensive when a person who died owned real estate in multiple states. Since each piece of property is controlled by the law of the state that it’s situated in, your loved ones would have to go through probate courts in each of those states. For Read more about Probate and real estate in multiple states[…]
Americans are living longer than ever, and services like home-based assistance and long-term care facilities that are designed for the needs of the elderly can be very expensive. Many people may even put off exploring options that might help them live more comfortably and safely if that would mean exhausting their savings and other financial Read more about Estate Planning in Medicaid[…]
If you are creating an estate plan, you might wonder whether a will or trust is a better choice for leaving assets to your loved ones. The answer is that it depends upon several different factors. Cost and Speed The main question is which approach is less expensive. In some states, the Uniform Probate Code Read more about What Should I Use? – A Will or a Trust?[…]
Learn About Proper Estate Planning with Elder Law Attorney Mindy Felinton! Proper estate planning can help you avoid a multitude of problems (and much worry and hassle) that could happen if you wait until something that necessitates division of an estate. The Internal Revenue Code imposes a tax “on the transfer of the taxable estate Read more about Proper Estate Planning[…]
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?[…]
When a person is a beneficiary of a trust, it’s important they know their trust beneficiary rights. This is common with something called an irrevocable trust. It means the person created the trust so the terms of it can’t be terminated or changed unless specific conditions are met. These conditions will be communicated in the Read more about The Rights Of Trust Beneficiaries[…]
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[…]
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![…]
It’s not just the soft paw that touches an open palm or the sound of a contented purr next to the ear, it’s really the impact of animals on the elderly people. This is especially true for the elderly who live in nursing homes since many of them had pets during their lives. The constant Read more about Animals and Their Impact on Elder Care[…]
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?[…]
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[…]
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[…]
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[…]
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[…]
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[…]
As people mature, they accumulate property, bank accounts and investments of various kinds. Although these items may not add up to significant amounts, they will need to be protected in your later years. Estate planning is not just for the one percent of the population who has accumulated vast amounts; it is for regular people Read more about Estate Planning Is Not Just for the 1%[…]
Probate proceedings after death can occur whether a person dies with or without a will. Terms of the will, and the nature and size of the decedent’s estate govern whether their estate might be probated and how it will be distributed. Avoiding probate in Florida can be done in different ways, even when the decedent Read more about How to avoid probate in Florida[…]
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.[…]
In a day and age when you can do just about anything from the comfort of your home or office, opportunities have opened up for us to make life more convenient than ever before. While it may be difficult to find any problems with these many accommodations, one we all too often overlook is fraud. Read more about How to Protect Your Assets on the Internet[…]
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[…]
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?[…]
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[…]
A power of attorney may seem like a simple document, but there are several important decisions that need to be made when creating one. From whom to appoint to what powers to grant, care and consideration should be put into each choice. A power of attorney is one of the most important estate planning documents Read more about Decisions to Make for Your Power of Attorney[…]
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?[…]
My mother has been in a nursing home for the past three years. When she went to the home I had control of her funds through a power of attorney and have spent almost all of about $350,000 on her care. I did also make an investment that she and I had planned before she Read more about Will Medicaid Count an Investment Gone Bad As an Asset?[…]
We accumulate a lot of stuff over a lifetime and at some point – perhaps due to death, divorce, debt, or downsizing – we need to get rid of it. An estate sale is one way to dispose of possessions that you no longer want or need. There are many companies that help families sell Read more about The Ins and Outs of Estate Sales[…]
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[…]
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?[…]
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[…]
At some point in their lifetime, most Americans will need an attorney for one reason or another — to assist with the purchase of a home, consultation for a new business, or advice regarding the myriad of complicated tax laws. But as we mature, there is a whole new set of legal matters that most Read more about Just What Is an Elder Law Attorney or Lawyer?[…]
Please join Mindy this Sunday, March 8, at the Potomac United Methodist Church Seniors’ Forum. She will be speaking about the seven costly mistakes that families make in their estate plans. The event begins at 11:30 a.m. You don’t want to miss it!
2015 is the year when big changes can be expected in Estate Planning. The Green Book of 2014 already outlined certain proposals that give a clue as to what 2015 might hold for Estate Planning. Here’s a look at the estate planning changes for 2015 – • 2009 Rules Applicable for GST, Gift and Estate Read more about Estate Planning Changes for 2015[…]
As a woman, you have many things on your plate. You’re working, taking care of the household, and devoted to your family. With so many obligations, estate planning may not be at the top of your list. However, you need to think about your future and protect yourself. It is an unfortunate fact that nearly Read more about Estate Planning and Women[…]
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[…]
In order to be eligible for Medicaid, you cannot have recently transferred assets. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or whomever) on Tuesday, and qualify for Medicaid on Wednesday. So it has imposed a penalty on people who transfer assets without Read more about Medicaid’s Asset Transfer Rules[…]
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?[…]
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[…]
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[…]
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[…]
If you are lucky enough to own a vacation home, then you need to figure out what will happen to it after you are gone. Many parents hope to keep vacation homes in the family, but guaranteeing that can be tricky. While meant to be fun and relaxing places to get away from everyday life, Read more about Estate Planning for a Vacation Home[…]
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[…]
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[…]
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[…]
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?[…]
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[…]
The decision to put a loved one into a nursing home is often a difficult one. While this event can be very emotional your family, they must also think of finances at this time. How can we afford this care? Is financial assistance available? These are just a few of the concerns that many may Read more about What Happens to Your House If You Enter a Nursing Home?[…]
It’s time to have that talk with your parents! No, not about a nursing home, mom, or, dad, you should think of selling the car. This talk is about estate planning for parents, something your parents and possibly even you have not yet considered. If you bring up the subject, don’t be surprised to get Read more about Talk to Your Parents About Estate Planning![…]
Here are two things you probably did not know about estate planning. It’s not just for the wealthy, and it does not have to be complicated. Estate planning is simply a method to decide what will happen to what you own when you die. Death may be inevitable, but estate planning lets you decide now, Read more about Our Estate Planning Checklist[…]
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[…]
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[…]
When you are in a situation that requires you to place a loved one in a nursing home for care, the first thing on your mind is quality. You want to make sure that your loved one is well cared for and that they are comfortable and happy. When you find a place that you Read more about Why You Might Not Want to Sign a Nursing Home Arbitration Agreement[…]
One of the most important decisions that you will ever make for a loved one is choosing his or her long-term care facility. If you are wondering how to choose an assisted living facility, you are not alone. Thousands of family members are concerned about finding a caring and supportive assisted living facility for their Read more about How To Choose An Assisted Living Facility[…]
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[…]
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”[…]
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[…]
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?[…]
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[…]
People sometimes try to save money by not consulting with a qualified attorney when executing their will, instead using a pre-printed will or online program. A recent court case offers yet another example of the hazards of doing this. Deciding the long-running case, the Florida Supreme Court has ruled that money acquired by a woman Read more about Dangers of Pre-Printed Wills[…]
An advance directive gives instructions on the kind of medical care you would like to receive should you become unable to express your wishes yourself, and it often designates someone to make medical decisions for you. But an important document like this won’t be of much use in an emergency if it’s tucked away in Read more about New App Stores Advance Directive[…]
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?[…]
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[…]
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[…]
April 15th is approaching and it is time to begin crossing T’s and dotting I’s in preparation for paying taxes. As tax time draws near, you want to make sure you file all the proper forms and take all deductions you’re entitled to. Following are some things to keep in mind as you prepare your Read more about Seniors and Taxes[…]
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[…]
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?[…]
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[…]
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[…]
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![…]
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[…]
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[…]
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[…]
All trusts should be reviewed every few years to make sure that they are up-to-date with the law and meet your goals today. Following is a checklist of trust features you can review yourself. But be aware that these only refer to revocable “living” trusts, not to irrevocable trusts. Do you have the right successor Read more about 9 (Potential) Problems With Trusts[…]
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?[…]
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[…]
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?[…]
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?[…]
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[…]
Is a will created on a tablet computer valid? An Ohio judge recently answered that question in the affirmative, but most states have not addressed the issue. As electronic devices become more commonplace, this question will inevitably arise more frequently. Javier Castro was in the hospital and wanted to draft a will. Because there was Read more about Are Electronic Wills Valid?[…]
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[…]
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[…]
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,” 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[…]
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[…]
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?[…]
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[…]
She sat across from me, alternately dabbing at the tears that kept coming and wringing the tissue in her hands. “I can’t do this on my own.” I nodded in understanding, knowing what was coming next. “My husband served during the war, but there is no help for him now that he needs in-home care. Read more about Veterans, We Thank You[…]
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[…]
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[…]
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 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[…]
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[…]
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?[…]
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[…]
Many people keep working well beyond age 65–the age when most people become eligible for Medicare. If your employer offers health coverage, do you need to enroll in Medicare? What if the employer offers or does not offer prescription drug benefits? Most workers probably should enroll in Medicare Part A, which is free for most Read more about Should I Enroll in Medicare?[…]
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[…]
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?[…]
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?[…]
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[…]
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[…]
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[…]
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[…]
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[…]
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?[…]
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[…]
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[…]
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[…]
Happy National Senior Citizens Day! Not only are senior citizens the fastest growing demographic in the U.S., they are also among the most technologically savvy and politically aware groups in the country. Make time for the seniors in your life . . . today and every day!
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[…]
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?[…]
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[…]
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?[…]
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[…]
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[…]
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[…]
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?[…]
Continuing Care Retirement Communities (CCRCs) — which offer the entire continuum of care under one roof — are an appealing retirement housing option, but they can be very expensive. The good news is there is a little-known tax break that can help defray the costs. CCRCs offer a range of services from independent housing to Read more about Tax Break Helps Pay for CCRC Fees[…]
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[…]
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?[…]
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?[…]
Most older Americans want to remain in their homes as long as possible. For growing numbers of elders – and concerned family members – this is only possible with the help of a home care aide. As we discuss in another article, there are two basic types of aides and two ways to engage one: Read more about 12 Interview Questions to Ask an In-Home Aide[…]
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[…]
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?[…]
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[…]
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[…]
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[…]
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[…]
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[…]
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?[…]
If you choose to write your own will, you run the risk of not having your estate distributed the way you want, as a recent Pennsylvania case illustrates. George Zeevering apparently wanted his estate to go to two of his five children. Instead of seeking out an elder law attorney to advise him on drawing Read more about Do-It-Yourself Will Leads to Unwanted Result[…]
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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive longer, sometimes indefinitely. As a result of many well-publicized Read more about End-of-Life Care Decision Making[…]
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[…]
Many people believe that if they are single, they don’t need a will and other estate planning documents. However, estate planning is just as important for single people as it is for couples and families. Estate planning allows you to ensure that your property will go to the people you want, in the way you Read more about Single? Estate Planning Still Essential[…]
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[…]
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[…]
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[…]
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[…]
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[…]
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[…]
Please see our new Website that is a great resource for our clients for Elder Care and Estate planning issues. We appreciate your feedback and will be continuously updating the website with the latest information available to you.
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[…]
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[…]
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[…]
Can you revoke a durable power of attorney? If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke a power of attorney at any time. There are a few steps you should take to ensure the document is Read more about Revoking a Durable Power of Attorney[…]