Selecting a nursing home for a loved one is one of the most important and difficult decisions that you may be asked to make. This decision is usually made during a time of crisis, frequently when a family member is ready to leave the hospital after a serious illness or operation. It would be easier […]
My Assisted Living Community referred me to someone who “helps” Veterans with disability claims. Can I use them to file for VA Benefits? That depends. Federal law requires anyone assisting with a claim for VA benefits to be accredited by the VA General Counsel (Title 38 USC §5901 and 38 CFR 14.626). The VA only recognizes […]
Why is it necessary to have legal help during the estate planning process? Estate planning is a complex job that many people put off for far too long. Some people simply don’t want to recognize that they need an estate plan, and they put off completing this task as a result. Others simply think there’s […]
In order to be eligible for New York Medicaid in 2015, an individual may possess no more than $14,850.00 in countable resources. Where countable (non-exempt) assets exceed the allowable Medicaid limit, with proper legal guidance, a portion may be transferred, prior to applying for Medicaid, instead of being spent down. An uncompensated transfer of resources […]
What is Elder Law? Elder law focuses on the legal needs of the elderly and encompasses a variety of legal tools and techniques to meet the long-term care, financial, and estate planning goals and objectives of the older client. Utilizing a holistic planning approach, the Elder law attorney handles general estate planning issues and counsels […]
Estate Planning Tips for the Non-Traditional Family The percentage of married households in the United States fell from 55 percent in 1990 to 48 percent in 2010. About 40 percent of all marriages end in divorce. Three quarters of people who divorce remarry — accounting for a pretty large proportion of the 48 percent of […]
If your estate plan and related documents are properly and carefully drafted, it is highly unlikely that the court will disregard your wishes about disinheriting a child and award the excluded child an inheritance. As unlikely as it may be, there are certain situations where this child could end up receiving an inheritance depending upon […]
Many insurance companies these days are offering long term care insurance policies. You certainly should purchase a policy that is underwritten by a company you trust to stand behind the policy financially. What you should do is research several long term care insurance policies. It is often easiest to work through a reputable broker. Ask […]
The VA pension eligibility criteria for surviving spouses include the following: (1) Can be any age, whereas a veteran applying must be 65 years or older or 100% disabled; (2) Must have been married to the veteran for at least one year or had a child with the veteran, if married less than one year. […]
New York Medicaid is a joint federal and state program that pays for home health aides, therapies, prescription drugs and hospital and physician’s bills. Persons receiving Home Relief or Aid to Families with Dependent Children are eligible for Medicaid. Disabled individuals of any age as well as those who are medically needy under the age […]
New York Medicaid Overview In the event that your loved one requires home care or institutionalized care in a New York nursing home facility, an application for New York Medicaid benefits may be required. Due to complex asset and transfer rules, a New York application should be made with the aid of an experienced New York […]
May I have your thoughts please about our Long Term Care System? Answer: I would like to think that it would make a difference if I escalated my concerns about the long term care that is being provided to one of my clients in a memory care unit (this unit has a ratio of 8 residents to one […]
Estate Planning for Childless Women Over the years, many women decided that they didn’t want children. Their decision was made not necessarily because they were selfish; many were career-oriented and received fulfillment through their work. But as these women age they wonder who will care for them, especially when they watch their friends’ children help […]
The knowledge that we will eventually die is one of the things that seems to distinguish humans from other living beings. At the same time, no one likes to dwell on the prospect of his or her own death. But if you postpone estate planning until it is too late, you run the risk that your […]
Would you please provide us with some information about the Affordable Care Act (ACA) and how it will impact the preparation of our 2014 Federal Income Tax Returns? This upcoming year (2015) will be the first year that ALL taxpayers will feel the effects of the Affordable Care Act. That’s because starting with returns that […]
What are some things that should be considered BEFORE moving into a retirement community? The brochures and websites are lovely – a healthy senior couple, white hair perfectly in place, wearing sporty clothing and (take your pick) – playing tennis, swimming or taking dance lessons in a sun-filled ballroom. However, before you sell a house […]
Americans have little idea how long-term supports and services are paid for, according to a new poll by Harris Interactive HPOL +0.26% and the medical publishers HealthDay. Yet, they are worried about the cost, believe most people should buy long-term care insurance, and also favor a new government program to pay some or all of […]
A person appoints a power of attorney (POA) to make decisions for himself or herself – usually a spouse, parent, or adult child — for a variety of reasons. Most commonly, people create POA’s to be prepared if tragedy strikes, such as a car accident, or the mental decline that often comes along with aging. […]
One of the benefits of serving in the military is the potential ability to collect retirement benefits from the Veterans Administration (VA). These types of veterans benefits could help many Californians. Though not available to all veterans, according to the VA, there are 1,053,964 veterans older than 60 living in California. A VA pension, known […]
What is the difference between a Power of Attorney and an Executor (as answered by Joan Lensky Robert, Esq., a New York Elder Law Attorney) Answer: A Power of Attorney (a legal document in which you appoint an agent to make decisions on your behalf) is valid only during your lifetime. An Executor takes over […]
Can I transfer my assets to my children just before I go into a nursing home and still qualify for Nursing Home Medicaid? Probably not. Under the 60-month Lookback Rule, eligibility for Medicaid may be denied if the person going into the nursing home transferred assets for less than fair market value within 60 months […]
Long Term Care Insurance The average life expectancy for a person born in 1915 was 54 years, this number increased to 70 years in 1967 and 78 years in 2006. Today people are living longer than they have in the past, the recent past. Good news, right? Not necessarily. As our average life expectancy increases […]
Would you please share some estate planning mistakes that we should avoid? Answer: Drawing up your estate plan is a major step, and it requires a lot of thought. You need to be thorough yet deliberate when you write up the numerous documents that make up your ultimate estate plan. Despite this incredibly important life […]
What does a Will do and how do you avoid probate? A Will allows the person creating it — the Testator (a man who creates a Will) or Testatrix (a woman who creates a Will) to: 1) identify the person, referred to as the “Personal Representative”,(I recommend naming at least two people – the first […]