Tag Archives: Elder Law

THE MEDICARE MYTH: THE “IMPROVEMENT STANDARD”

Anyone that has Medicare or has helped a Medicare recipient deal with their medical issues has probably been told that Medicare will only cover services if the patient is improving. Once they “plateau,” Medicare will stop covering the services. Even though people are told this everyday by medical providers, this is not true. There was… Read More »

WHO IS ELIGIBLE FOR AN “ABLE” ACCOUNT?

ABLE accounts (“Achieving a Better Life Experience”) allow an individual, who was disabled prior to age 26, to set up an account which allows the funds to grow tax-deferred and which will not be counted as an asset for public benefits the disabled person may be receiving as a result of their disability. One of… Read More »

WHAT IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS ABOUT YOURSELF

As long as you are able to actively take part in medical decisions about yourself and are over the age of 18, no one else has the legal authority to do so.  As happens in life, circumstances may occur which impair your ability to make a medical decision for yourself.  It can be a temporary… Read More »

MEDICAID/TITLE XIX

Why Have an Elder Law Attorney Prepare the Application? Medicaid, also known as Title XIX (T19), is a welfare program, by definition, for anyone who needs long term services and support (LTSS). We all hope to never have to go this route, but with the cost of long term care today (upwards of $14,000/month for… Read More »

THEY ARE MY PARENTS – why am I asked to leave the room?

It is quite common in the practice of elder law for adult children to make the initial contact with the law firm and come in for consultations with their parents. As attorneys we always need to be cautious of our relationship with our clients. We must first identify who will be our client, the parent… Read More »

WHAT ARE THE ELDERLY HOUSING OPTIONS?

As we age and develop the need for assistance with our activities of daily living (ADL’s), which are generally defined as eating, bathing, dressing, toileting, transferring (walking) and continence, we have options on how to meet those needs. Some of those options are: Homecare: Remain in your home and bring care into your home either… Read More »

ESTATE PLANNING, JUST THE BEGINNING

After having completed your estate planning documents including a Power of Attorney (POA), Appointment of Healthcare Representative (HCR), Designation of Conservator (DC), Living Will, also called Advance Directive (AD) and your Last Will and Testament, who do you tell or give copies of it to? First, this is a subjective question. The answer is whomever… Read More »

IS IT TIME TO DIE?

For twenty five years I have been preparing estate planning documents for clients which documents usually include an Advanced Directive (AD) (also known as Living Will). An AD, in short, is a simple statement that says if there is no longer any medical help for me, then I want to be allowed to die a… Read More »

PROBATE COURT – PART 2: Decedent’s Estates

The most common interaction with a Probate Court most people experience is when someone dies. If a person dies and has his or her name on an asset, with or without someone else’s name on that same asset, then papers need to be filed with the Probate Court to remove the decedent’s name and properly… Read More »

PROBATE COURT – PART 1: What Is It?

The Probate Court system is a state law derivative of the judicial system designed to be user friendly for the non-attorney because of the broad range of sensitive matters it handles including, but not limited to children custody, child neglect, termination of parental rights and re-unification of parents to children, adoption; conservatorships and guardianships of… Read More »

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