When speaking with clients about the complicated Medicaid rules, availability, and exceptions, they often reply something like, “Wow, there’s so much to know.”
Clients come to us because we know the rules, and more importantly, we know the exceptions.
Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.
The federal government recently addressed a very expensive glitch in the systematic treatment of patients in hospitals throughout the country, which mandates that hospitals provide notice as to a patient’s observation status.
As we discussed in our blog post on May 31, 2013, “Status Does Matter: Observation v. Admission”, there is a big problem that many Medicare recipients have been facing: patients are footing the bill. The problem is that patients are footing the bill for rehabilitation services in a skilled nursing facility when they are under the impression that these services are covered by Medicare. At the heart of the problem is that the hospital never actually admitted the patient, and coded them with a status of “under observation.”
For many, the biggest asset associated with one's name is their home. Should a catastrophic illness occur and immediate care is required, many would not willingly choose to use their home to pay for this care. Join us at one of our…
Often times when clients make an appointment with our law firm, they have a very specific estate planning concern or issue. They may have a particular focus in mind, such as updating a will or avoiding probate. With a plethora of details to consider, it is often challenging for individuals to adequately address all aspects of their personal “big picture”, i.e. their complete estate.
For most seniors, obtaining Medicaid to pay for nursing home care is a must. Very few people can afford to pay privately for extended long-term care, which is not covered by Medicare.
The nursing home may provide you with a list of attorneys to assist with the filing of a Medicaid application. It is suggested that you obtain three attorney references in writing.
A key question for the family to ask is: Do any of the attorneys on the list currently represent the nursing home?
Are you and your family prepared for the unexpected? In the event of a sudden illness or injury, advanced directives can save you and your family time, money, and emotional distress.
The three advanced directives everyone should consider are health care proxies, living wills, and powers of attorney, yet these precautions are often overlooked by married couples.
This year I have had the pleasure of working with a married couple who suffered an unforeseen and life-changing event: the wife suffered a debilitating stroke while undergoing a simple medical procedure, and she needed the type of care that is only available in nursing homes.
A lot of changes can occur over the course of one year, let alone the many years it may have been since you have last reviewed your Estate Plan.
Some factors that can effect your estate plan include:
What good is a plan if it does not comply with your wishes and current situation?
Unless you have a crystal ball, it’s impossible to predict what the future holds. Should you become unable to make your own decisions, it is imperative to appoint someone to take care of your affairs and make healthcare decisions on your behalf. Additionally, in order to ensure that your assets are passed on to your loved ones without problems, high legal fees and time delays, it is important to start your planning today.
It is a little-known but important fact that receiving benefits of one kind can affect benefits of another kind, sometimes adversely.
Take the case of Sally and her son, Paul. Sally is a constant advocate for Paul, who has special needs. Paul is currently receiving Medicaid and Supplemental Security Income (SSI). Sally is also receiving Medicaid.