In-home senior care provider is one of the fastest-growing segments of the care industry. The high cost of facility-based care, coupled with the almost universal desire to age at home, makes in-home care an increasingly popular option for families. Additionally, recent legislative forces, such as the Department of Labor’s repeal of the Companion Care Exemption […]
Question: Is it ethical for an Elder Law Attorney to have his fees paid by a client’s daughter, while preparing documents that benefit that daughter: I found out that my sister is paying all of my dad’s (77 years old) legal fees, for an attorney to prepare documents for her to buy property from him […]
Everyone hates going to the dentist. However, if you don’t go, bad things can happen that may have been prevented if you had gone. The same is true with having legal documents created. You may say to yourself, “Well, I see your point, but I can go on the internet and create documents for myself […]
The Special Needs Trust Fairness Act, federal legislation that will allow people with disabilities to create their own special needs trusts instead of having to rely on others, has passed the Congress. The measure was included in the 21st Century Cures Act, a $6.3 billion package of health-related initiatives that has now been sent to […]
Understanding your family heritage, traditions, and culture are important because they give you an idea of where you come from and what family members before you have done to celebrate holidays. Knowing your health history is also important because it gives you an idea of what health problems you, your elderly parent, and other family […]
Medicare Part B Premiums Will Be Slightly Higher for Most Beneficiaries in 2017 The Centers for Medicare and Medicaid has announced the Medicare premiums, deductibles, and coinsurances for 2017. After holding steady at $104.90 a month for four years, the standard Medicare Part B premium that most recipients pay will rise 4 percent to about $109 […]
Question: If a veteran is well can the spouse get VA Aid and Attendance benefits to help with home or assisted living care? Answer: The short answer is no. While the Veteran is living the claim is technically his and based on his health. However there is a very narrow sort of exception that can help […]
Getting Copies of Your Medical Records Question: Are there limits to how much I can be charged by health care providers to get copies of my medical records? Answer: In Virginia when a patient requests a copy of his or her own records, a “reasonable cost-based fee, which shall include only the cost of supplies for […]
A will is a legal written declaration of a person’s intention for the disposition of his or her property after his or her death. The requirements to make a will are different in each state. In Georgia, you need the following: You, the maker of the will, must be at least 14 years old. You […]
With many Americans hitting retirement age, they may be concerned about how to plan for future financial needs. While there’s a lot of literature available about retirement saving, many seniors don’t accurately measure the significant cost of post-retirement medical care. They simply expect Medicare to cover the costs. However, Medicare is very strict as to […]
Am I Eligible for Medicare? At age 65, most individuals are eligible for Medicare coverage. The Medicare program is funded by taxes withdrawn from workers’ paychecks so most individuals receive Part A coverage free of charge. As of 2015, 84% of Medicare beneficiaries were 65 and older, and the rest were covered as a result […]
Wandering Seniors and Alzheimer’s, Dementia or Memory Loss Those suffering with Alzheimer’s or most forms of dementia or memory loss have a tendency to wander whether they are at home or in unfamiliar surroundings.They are trying to make sense of the world they find themselves in at that moment.Patients will sometimes leave clues that they […]
While you can certainly bequest money and assets to those with special needs, such a bequest may prevent them from qualifying for essential benefits under the Supplemental Security Income (SSI) and Medicaid programs. However, public monetary benefits provide only for the bare necessities such as food, housing and clothing. As you can imagine, these limited […]
You should update your estate plan every 3-5 years on average. This should take place sooner if you experience significant life-changing events such as: Marriage: If you marry someone, this is invariably going to affect your estate plan. A marriage is one of the most important life events, and you want to make sure your spouse […]
: Required minimum distributions from retirement accounts such as IRAs and 401Ks have been problematic for many seniors who do not necessarily need to take money out of their accounts to meet their expenses. The rules have required seniors to withdraw minimum amounts from their retirement accounts beginning at age 70½ based on their life expectancies […]
In the current environment of budget deficits, and the mandate handed down by the State to the Counties to pursue recoveries from community spouses, and the estates of Medicaid recipients and their spouses, litigation by the Department of Social Services over the payment of Medicaid benefits is on the upswing. Once a spousal refusal has […]
Legal problems that affect the elderly are growing in number. Our laws and regulations are becoming more complex. Actions taken by older people with regard to a single matter may have unintended legal effects. It is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an […]
Creating a Will is not a one-time event. You should review your Will periodically, to ensure it is up to date, and make necessary changes if your personal situation, or that of your executor or beneficiaries, has changed. There are a number of life-changing events that require your Will to be revised, including: Change […]
In estate planning, one size does not fit all. Over the years, I have found that no two families are alike. Each family has unique issues and online documents typically cannot address those issues. If your issues are overlooked or ignored, your estate plan will probably not work the way you intended. Most online documents […]
Turns out we are NOT born happy and positive, but we can’t help it. It’s not our fault that we have difficulty being happy. Many of us feel happy is a thing you have to schedule. Sadly, we aren’t wired for it. Our nature and historic DNA predisposes us to negativity – that pesky fight […]
While more people are celebrating triple-digit birthdays than ever before, many have to take their insulin shot before enjoying a piece of birthday cake. Older adults are the largest consumer of medications with more than 40 percent of people over age 65 taking five or more prescriptions. While new medical interventions have significantly improved longevity, […]
Medicaid Planning This is a recent Pennsylvania Superior Court case that highlights how important a power of attorney can be in proper planning. In this case an executor who was also the agent under a power of attorney for the decedent was forced to account for his use of the power of attorney prior to […]
My mother is 83 with dementia. It’s to the point that she needs nursing home care. I have been her caretaker for the last 4 years. The home we live in is in both of our names. We want to transfer into my name only. She will have to go on Medicaid. May I have […]
In order to receive the VA Aid and Attendance Pension, the claimant must show that he or she requires the “aid and attendance” of another person in order to perform some of the basic activities of daily living. The medical evidence must be provided by a physician. Additionally, if the claimant resides in a facility, […]