News Articles

October 2022 Newsletter

Friday, October 28th, 2022

September 2022 Newsletter

Thursday, September 15th, 2022

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.

August 2022 Newsletter

Friday, August 19th, 2022

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.

July 2022 Newsletter

Tuesday, July 19th, 2022

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...

June 2022 Newsletter

Saturday, June 18th, 2022

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

May 2022 Newsletter

Wednesday, May 18th, 2022

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.

April 2022 Newsletter

Monday, April 18th, 2022

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.

March 2022 Newsletter

Friday, March 18th, 2022

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.

February 2022 Newsletter

Monday, February 21st, 2022

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.

January 2022 Newsletter

Monday, January 24th, 2022

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...

December 2021 Newsletter

Tuesday, December 28th, 2021

My friend Amos Goodall, a Certified Elder Law Attorney, wrote an interesting article for the National Elder Law Foundation that I think is worth repeating in a modified version.

Nationwide, guardians oversee an estimated 1.3 million adults and $50 billion of their assets, citing Brenda Uekert, principal court research consultant at the National Center for State Courts.

November 2021 Newsletter

Monday, November 22nd, 2021

Don’t pass on reading this thinking you are too savvy to be a victim of some kind of financial abuse-- a growing issue for seniors. Ask your friends. I suspect you will quickly hear of a “near miss” if not a real victim.

October 2021 Newsletter

Tuesday, October 12th, 2021

A reverse mortgage is an option for individuals 62 years or older who need cash and may not be able to get a standard loan or line of credit. A reverse mortgage allows a person to use the equity in his or her home and receive loan payments on a specified schedule. The borrower does not have to repay the loan as long as he or she remains in the home and is able to maintain it. However, as soon as the house is sold, the borrower dies, or leaves the home for an extended period of time, the loan balance is due.

September 2021 Newsletter

Monday, September 20th, 2021

As you all know, our office specializes in Public Benefits law, primarily long-term care Medicaid. The general public and many commentators have serious misconceptions about Medicaid planning. Many think it simply a matter of spending down money or paying nursing homes or buying prepaid funeral contracts or even just purchasing certain types of annuities.

August 2021 Newsletter

Thursday, August 19th, 2021

When someone retires at “full retirement age” and applies for their retirement benefit, they are entitled to a monthly Social Security benefit called a “primary insurance amount”. For persons born from 1943 to 1954, their “full retirement age” is 66. But if that person waits to claim their retirement benefit until age 70, they get a higher benefit that goes up in increments beyond the “primary insurance amount” up to age 70.

July 2021 Newsletter

Monday, July 19th, 2021

In our Estate Planning and Elder Law practice, we have clients with small businesses. Clients often engage in both selling their businesses as they wind down and buying businesses. Transferring businesses to family members is a major part of long-term care planning; especially for Medicaid qualification. Occasionally it may make sense for an elderly client to purchase a business.

June 2021 Newsletter

Thursday, June 17th, 2021

Last July we wrote about some changes in IRA distribution law known as the SECURE Act. One change makes designating a Qualified Disability Trust a beneficiary of an IRA instead of an individual efficient for both tax and public benefit purposes. This newsletter explores the use of such trusts and confusion about them.

May 2021 Newsletter

Monday, May 17th, 2021

Previously we looked at the timelines for Medicaid Planning, the Medicaid Asset Protection Trust (MAPT) and how the MAPT protects assets for someone who may need long term care Medicaid. Today we will look at how the MAPT protects its beneficiaries, typically our children.

April 2021 Newsletter

Friday, April 16th, 2021

Previously we looked at the timelines for Medicaid Planning and the Medicaid Asset Protection Trust (MAPT). We will look at how the MAPT works and its advantages in protecting assets and qualifying one for long term care Medicaid.

March 2021 Newsletter

Thursday, March 18th, 2021

This is the first of several parts discussing Medicaid planning. It is no secret the cost of long-term care in America is the greatest threat to the economic well-being of most Americans. There are only three ways to pay for long-term care: Private long-term care insurance; private resources; and after you have spent all your money and are broke; Medicaid.