Elder care attorneys counsel people who are making preparations for their senior years. There are various different elder law issues on the table at the present time, and long-term care costs are at the top of the list. To read this report on elder care questions, follow this link: What Questions Should I Ask an Elder Care Attorney? … [Read more...] about What Questions Should I Ask an Elder Care Attorney?
What is Division of Assets? (An Elder Law Today Blog)
Division of Assets is the name commonly used for the Spousal Impoverishment provisions of the Medicare Catastrophic Act of 1988. It applies only to married couples. The intent of the law was to change the eligibility requirements for Medi-Cal in situations where one spouse needs nursing home care while the other spouse remains in the community (i.e. at home or in an assisted living facility). The law, in effect, recognizes that it makes little sense to impoverish both spouses when only one needs … [Read more...] about What is Division of Assets? (An Elder Law Today Blog)
A Special Option for Special Kids
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. Planning for beneficiaries with special needs requires unique attention. Public benefits can be an essential way to provide for the specialized care these beneficiaries require to allow them to lead fulfilling lives. When assets are given to such beneficiaries, they must be given in a specially-drafted “special needs” trust in order to keep those assets from … [Read more...] about A Special Option for Special Kids
Basics of Estate Planning: Two Common Mistakes with Trusts
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. This is another in a series of blogs on the basics of estate planning. Trusts are incredibly useful tools. But, like other useful tools, they do not fit every circumstance. They must be used appropriately. For example, a hammer is an exceptional tool to use when looking to drive a nail into a wall. But, if you hit the nail with a glancing blow, the nail will bend and … [Read more...] about Basics of Estate Planning: Two Common Mistakes with Trusts
How an Elder Care Law Firm Can Help
Elder Care Law Firms specialize in the issues that affect seniors. They are equipped to address the legal, healthcare, social and psychological needs of seniors and to develop a plan to meet those needs in an economical fashion that protects and preserves the income and assets of the elder to the greatest extent possible. How Can an Elder Care Law Firm Help You? If you are facing legal issues that include planning for Medi-Cal qualification, incapacity planning or end-of-life planning, an … [Read more...] about How an Elder Care Law Firm Can Help
Does an Inheritance Count for Medi-Cal? (An Elder Law Today Blog)
Timing is everything. How often have you heard someone express that sentiment? And while it’s often true of life in general, it’s certainly true in Medi-Cal planning. So, does an inheritance count as an asset for Medi-Cal purposes? For a single person, the answer is clearly, “Yes.” If a single individual is spending down his or her assets, and before the spend-down is completed, that individual receives an inheritance, then those assets are added into whatever that person has and must be … [Read more...] about Does an Inheritance Count for Medi-Cal? (An Elder Law Today Blog)
Hospital Discharge: Making the Transition to Home or a Skilled Nursing Facility
by: Guest Blogger Renee Seligman, Patient Advocate When caring for a senior who is going to be discharged from the hospital, it is important to address the following: Medication Reconciliation: Often the attending physician at the hospital will make changes to a patient’s medication list. It is important to reconcile the list prior to discharge with the hospital’s Discharge Coordinator or Nurse Case Manager to ensure accuracy. All prescriptions that need filling must be sent to the … [Read more...] about Hospital Discharge: Making the Transition to Home or a Skilled Nursing Facility
Latest Genworth Survey Released Regarding Long-Term Care Costs (An Elder Law Today Blog)
Members of the elder law community are becoming increasingly concerned about the high and rising cost of long-term care. People are living longer than ever before, with the oldest among us being the fastest growing age group. Most people who reach senior citizen status will indeed need long-term care at some point in their lives; therefore, this is something that is relevant to all of us. It is important to understand that Medicare does not cover long-term care costs. With this in mind, … [Read more...] about Latest Genworth Survey Released Regarding Long-Term Care Costs (An Elder Law Today Blog)
Limits to Medi-Cal Recovery (An Elder Law Today Blog)
By: Matthew M. Shafae, Attorney Litherland, Kennedy & Associates, APC, Attorneys at Law The future of Medi-Cal eligibility has been the subject of speculation for a little over a decade now. Will the California implementation of the federal Medi-Cal system, known as Medi-Cal, finally implement federal laws enacted back in 2005? And now, with a Republican president-elect and a Congress with a Republican majority in both houses, it appears Medi-Cal funding may be an additional topic for … [Read more...] about Limits to Medi-Cal Recovery (An Elder Law Today Blog)
Advanced Medi-Cal Triggers – Spousal Election
By: Justin M. Kennedy, Attorney Litherland, Kennedy & Associates, APC, Attorneys at Law While at an estate planning conference in November, one of the speakers discussed a planning strategy that may benefit many married couples. The planning strategy involves adding Advanced Medi-Cal Triggers to a married couple’s estate plan, specifically a Spousal Election to the Living Trust and testamentary special needs trust language within the Pour-Over-Will. For a married couple, upon the first … [Read more...] about Advanced Medi-Cal Triggers – Spousal Election
