The Centers for Medicare and Medicaid Services (“CMS”) released a list of the first ten drugs whose prices will be subject to negotiation for Medicare patients, a plan implemented under the Inflation Reduction Act (“IRA”). Not to be cynical, but like any venture the government is involved in, it is hard to make sense of it.

Family dynamics can change drastically when a parent or spouse dies. In particular, if a surviving spouse remarries, the question of what happens to the family home can make dynamics among the children and the new spouse even more complicated.

We do not usually write about technical income tax issues in our newsletter, but Revenue Ruling 2023-2 has caught the attention of a lot of our clients. We have had some clients contact us about changing their estate plans citing Rev. Rul. 2023-2 when it is inapplicable to them.

A fiduciary is that person you are going to trust to make decisions when you are no longer available. The ultimate purpose of estate planning is family harmony. And selecting a fiduciary is often the most difficult part.

As estate planners, we increasingly have clients that are “Senior Orphans.” A Senior Orphan is someone without a spouse, child or friend on whom they can depend. The spouse or partner could already be incapacitated. Children may be alienated, incapacitated, unavailable or geographically remote.

A Pennsylvania court ruled that the son of a Medicaid applicant must pay an elder law firm’s fee for successfully negotiating a penalty period reduction because the son would otherwise be responsible...

Most people do not know the difference between tax avoidance and tax evasion. There is a big difference in both. And in the consequences.

Undue Influence is when someone pressures another in such a way that the person being influenced is not acting by their own free will; they are being coerced into taking a certain action. Undue influence often arises when a friend family member falls ill. For example, mom has been diagnosed with cancer...

As we age, the likelihood of mental incapacity increases. Without doubt, our bodies and minds deteriorate as we age. Mental incapacity could result from dementia, stroke, brain injury, or other illness. What is mental incapacity and in what ways can you plan to be best prepared for it?

Years ago when I was young to Elder Law I got a phone call from a client’s wife. Her husband had fallen and had been in the hospital for five days. When he went to the rehabilitation facility, they thought that Medicare...

We are often asked, “Will Medicaid come after us?” “Will Medicaid take the house?” “Won’t Medicaid get everything?” While the reach of the State can be long, there are limits.

While enrollment in Medicare Advantage plans, also known as Medicare C, has doubled over the past decade, there are some drawbacks with this form of Medicare.

Medicare does not receive a lot of attention from lawyers in private practice for several reasons. One, the opportunity for effective advocacy is limited. When someone needs care, they need it immediately, and even the fastest law suits take days to prepare and file. Having a team of lawyers expedite the gathering of facts, documents, affidavits and pleadings in a few days is enormously expensive.

Patient self-determination is based upon the right of an individual to possession of control of his own person, free from all restraint or interference of others. Union Pac. Ry. V. Botsford, 141 U.S. 250 (1891). The doctrine of informed consent forms the basis of patient participation before treatment can begin...

Trusts and limited liability companies (LLCs) are both legal vehicles to be used to manage incapacity, protect assets, minimize taxation, and avoid probate.

Medicare is a federal program that provides medical coverage to certain individuals – those over age 65, younger folks with disabilities, and people with End Stage Renal Disease. This coverage is critical to get those populations needed care.

The Five-Star Quality Rating System was created in 2008 by the Centers for Medicare and Medicaid Services (“CMS”). The website became popular for people looking for a quick summary of a nursing home’s alleged quality of care.

A big deal for lawyers and accountants who deal with IRAs and retirement plans. A big deal for anyone with an IRA or a 401K plan. Clarity for the SECURE Act changes is on the way.

With many trusts, the role of trustee is filled by a family member. As a non-professional trustee, most persons nominated have very little idea of what is expected of them or the liability they take on by agreeing to act as trustee. We provide this list of duties to give potential and current trustees an idea.

When we meet with clients, some often believe they know exactly what they want and have no need to review with the attorney or think about it. We always review the options in planning for incapacity. And we always meet twice with the client. The law disfavors a procedure where the attorney strolls in and says, “Hi, I’m your lawyer, sign here!” If there is evidence of diminished capacity or if the client is quite elderly...