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Articles Posted in Elder Law

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What is a Blind Trust and Why Do They Matter?

Blind Trusts Blind trusts are another type of trust that is established in order to set assets aside and preserve them for a specific period of time, however the person establishing the trust has no control over the  funds and thus does not receive access to them. Additionally, the individual…

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Dementia on the Decline and How it Impacts Elder Care

A study released in late November in the JAMA Internal Medicine journal reported that dementia rates for individuals over the age of 65 years old is down almost 24% from rates found in 2000. There are a variety of reasons why this decline may have happened, including elders with higher…

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Fiduciary Duties & The New Rule for Financial Advisors

The New Rule When consulting a financial advisor, we all assume that they would have our best interest in mind when determining where our portfolio should be invested and what investments best suit our interests, however, this has not always been the case. This year, the Labor Department issued new…

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The Importance of Vetting Your Elder Law Attorney or Trustee

Recently, in Ocean County, New Jersey, a well known elder law attorney was arrested and charged with stealing money from his clients. The attorney, considered an older adult himself, is charged with stealing over 1.2 million dollars over the course of five years from a number of elderly clients he…

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How to Disclaim Inheritance

Claiming inheritance upon its distribution is something that many individuals welcome and conversely is the source of many family disputes. There are many reasons why someone may want to refuse their bequest however, in a process in estate planning referred to as disclaiming inheritance. Some beneficiaries seek to disclaim their…

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The Emergency Preparedness Rule

The Centers for Medicare and Medicaid Services finalized a rule recently in light of the most recent natural disasters in Louisiana that compromised the safety and well being of many Medicare and Medicaid beneficiaries throughout the affected area. Unfortunately, this rule came as a direct response not only to the…

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New York Medicaid Law – Pooled Trusts

Pooled Trusts Eligibility Pooled Trusts are a type of trust applicable to those individuals who are seeking public assistance benefits, such as Medicaid, to become eligible financially by setting aside funds in a trust for additional needs. The trust allows its beneficiaries to preserve a specified amount of money in…

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