Whatever the reason may be, many put off estate planning. Often times, we receive a call from someone stating their loved one has dementia and has no legal planning documents in place. At this time, whether or not they can…
Back in December of 2016, we shared the wonderful news of President Obama signing the Special Needs Trust Fairness Act into law. When announced, New York State was out of compliance with this new federal law. On May 22, 2017,…
Social Security is a retirement benefit for individuals who are working and contributing to the social security system. However, it also has a benefit for disabled workers and disabled individuals. Supplemental Security Disability Social Security Disability (SSD) is a plan…
Widows and widowers are entitled to Social Security benefits from their deceased spouse equal to the collection amount at the time of death, or the potential entitlement amount if the spouse had not yet applied for the benefit. In order to best advise their clients, accountants and attorneys should understand the laws that govern this benefit.
Many seniors and those with disabilities need Medicaid to cover home care costs, which allow them to remain in their own homes while receiving care. If the American Health Care Act becomes law, what impact will it have on seniors?…
A living will is a document that sets forth your wishes concerning the extent of medical care you want to receive. It operates during your lifetime if you become unable to communicate your wishes at the time a healthcare decision…
As elder law attorneys, we meet with clients and help them create a plan for their future; many of these plans include planning for long-term care.
We discuss options for long-term care—such as long-term care insurance, private pay, and Medicaid. For most seniors, obtaining Medicaid to pay for nursing home care or care at home is a must. Very few people can afford to pay privately for extended long-term care, which is not covered by Medicare.
However, when it comes time to submit a Medicaid application, many seniors and their families choose to either submit it on their own or enlist non-lawyers to help with the application—often because they are afraid of the legal fees.
A pooled trust allows disabled individuals who are under age 65 to become financially eligible for public assistance, e.g. Medicaid, SSI, etc. This type of trust provides flexibility—allowing individuals to preserve their assets and monthly income necessary to pay for…
When Kelly learned she was to receive this year’s Theresa Award, she experienced a wave of emotions. She was happy and honored, of course, but this was coupled with a sense that she was not a worthy recipient. She is…
