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Protecting Clients

Protecting Clients Personal Injury and Medical Malpractice Settlement Funds with Special Needs Trusts: Settlements and Disability Planning Working Hand-in-Hand Special needs trusts are multi-functional tools that deserve consideration in a variety of practice areas.  These dedicated estate planning tools are more than solely estate planning resources for parents of children with disabilities, despite the [...]

By | February 2nd, 2017|Estate Planning|Comments Off on Protecting Clients

2017 Medicare Premiums

CMS announced the 2017 premiums on November 10, 2016. Since the 2017 SSA COLA is so low, the hold harmless provision will kick in for many.  For the Part B premium, most will pay $109.00 because of the "hold harmless" while others will pay $134.  The income adjusted part B premium for higher income beneficiaries [...]

By | December 14th, 2016|Long Term Care|Comments Off on 2017 Medicare Premiums

Top 10 Scams Targeting Our Nation’s Seniors

Washington, D.C.—U.S. Senators Susan Collins and Ranking Member Claire McCaskill announced the top 10 frauds targeting our nation’s seniors in a comprehensive anti-fraud resource for seniors titled, “Fighting Fraud: U.S. Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors.”  The guide is designed to inform and help protect seniors from some of [...]

By | December 14th, 2016|Healthcare Reform|Comments Off on Top 10 Scams Targeting Our Nation’s Seniors

New Brief: A Closer Look at the Revised Nursing Facility Regulations

The National Consumer Voice for Quality Long-Term Care, the Center for Medicare Advocacy and Justice in Aginghave released the first in a series of briefs regarding the changes to the Nursing Facility regulations. This first brieffocuses on Assessment, Care Planning & Discharge Planning. Here is the executive summary: Revised nursing facility regulations broadly affect facility [...]

By | December 13th, 2016|Healthcare Reform|Comments Off on New Brief: A Closer Look at the Revised Nursing Facility Regulations

NAELA Praises Passage of Special Needs Trust Fairness Act as Part of 21st Century Cures

NAELA Praises Passage of Special Needs Trust Fairness Act as Part of 21st Century Cures.The Special Needs Trust Fairness Act corrects a patently false and degrading error in the law that presumed all individuals with disabilities lacked the capacity to handle their own affairs. Washington, D.C. – Today, the Senate passed H.R. 34, the 21st [...]

By | December 12th, 2016|Estate Planning|Comments Off on NAELA Praises Passage of Special Needs Trust Fairness Act as Part of 21st Century Cures

Medicaid

My aunt lives in Florida.  She recently entered a Medicaid-subsidized assisted living home and was able to qualify for Medicaid and still retains several parcels of commercial real estate.  My other aunt lives in Illinois.  She went on Medicaid and although she was able to retain money in a trust, she had to give up [...]

By | November 28th, 2016|Long Term Care|Comments Off on Medicaid

Nursing Home Residents Win Back Right to Sue

In recent years, nursing homes have increasingly asked -- or forced -- patients and their families to sign arbitration agreements prior to admission. By signing these agreements, patients or family members give up their right to sue if they believe the nursing home was responsible for injuries or the patient's death. Now, in an unexpected [...]

By | October 14th, 2016|Long Term Care|Comments Off on Nursing Home Residents Win Back Right to Sue

What Is a Life Estate

The phrase "life estate" often comes up in discussions of estate and Medicaid planning, but what exactly does it mean? A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner. Life estates can be used [...]

By | October 14th, 2016|Estate Planning|Comments Off on What Is a Life Estate

Veterans Denied Millions in Benefits by VA

WASHINGTON -- Roughly $110 million in payments to thousands of housebound veterans was withheld from them by the Department of Veterans Affairs, according to a new report from VA inspector general's office.  The IG report found approximately 186,000 veterans as of March 2015 were designated as housebound because of illness or injury with errors in payments [...]

By | October 14th, 2016|Veterans|Comments Off on Veterans Denied Millions in Benefits by VA

NAELA Celebrates National Special Needs Law Month in October

Elder Law and Special Needs Planning Attorneys Focus on Education and Awareness of Legal Options for People with Disabilities and Their Families Washington, DC — The National Academy of Elder Law Attorneys (NAELA) established October as National Special Needs Law Month Special needs planning can involve special needs trusts, care management, advocacy to [...]

By | October 14th, 2016|Guardianship|Comments Off on NAELA Celebrates National Special Needs Law Month in October