Many years ago, there were certain restrictions for home care. It used to be that, in a home care setting, if somebody wanted to hire help outside of an agency to care for mom and dad, that hired person could…
A frequent question I get from clients who are considering putting their house into a Medicaid Asset Protection Trust is,“If my house is in the trust, can I sell it if I so choose in the future?” First, let’s look at…
The Department of Health, overseer of the Medicaid program in New York, recently issued GIS 16 MA/010 updating the actuarial life expectancy table.
“So what,” you say?
The Supplemental Security Income program, known as SSI, is a federally administered program.
Unlike Medicare or Medicaid, SSI is a federal welfare program that pays monthly cash benefits to individuals who fall within 1 of 3 categories:
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?
The truth is, nursing homes are full of people who did not want to be there and whose families thought they never would.
As an elder law attorney, I often hear: “My mother will never end up in a nursing home,” or “I would never put my dad in a nursing home.”
It is all nice in theory. No one (myself included) wants to see their parents in a nursing home but, in most cases, the reasoning behind the decision is either financially driven or care-driven.
On Wednesday, September 9, The Special Needs Trust Act was passed! The passage of this legislation establishes liberties for persons with disabilities which had been previously denied to them.
Prior to passing the Act, only a parent, grandparent, legal guardian of the disabled individual, or a court could establish a special needs trust on behalf of the disabled individual.
Everyone has their niche.
Financial advisors have a certain field of expertise, and most are very good at what they do. However, when it comes to elder law, Medicaid and estate planning, there is no substitute for sound legal advice.
Case study:
A retiree originally made an appointment with a law firm specializing in estate planning and elder law – but, a family friend was a financial advisor. He decided to work with his friend and canceled his appointment with the law firm.
A “life estate” is an ownership interest that a person retains in real property while transferring a remainder interest to one or more individuals.
Life estates are sometimes used as a planning technique by individuals who wish to safeguard their residence or other real estate.
There is no question that you would do anything to protect your child. You think about his future day and night. You want to make sure that you have a proper plan in place to provide for him when you…