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Articles Posted in Elder Law

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PERSONAL INJURY AND MEDICAID: WHY WOULD STATE GET INVOLVED IN PERSONAL INJURY SETTLEMENT?

It is a fortunate state of affairs that it is happening less and less, with the requirement for every American obtain health insurance under the Affordable Care Act (often called Obamacare), that some people do not have proper health insurance coverage for a catastrophic injury. It is still unfortunate that…

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PRE-PAID FUNERAL S IN NEW YORK

NEW YORK PROTECTIONS Many people are leary about purchasing a pre-paid funeral. This blog discussed some of the issues common to prepaid funerals. In 2002, the American Association of Retired People (AARP) issued a consumer “scam alert” warning people to preplan but not prepay for their funerals. Indeed, often this…

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ADULT PROTECTIVE SERVICES VOLUNTARY DRAFT GUIDELINES

UNIFORMITY OF LAWS Many laws across the country are the result of non-profit civic minded legal entities. The American Legal Institute is perhaps the most well known of these groups. Not all laws are “laws” in the traditional sense. Some are written by these legal entities and the various states…

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GERIATRIC CARE MANAGER

DISTANCE AND PROFESSIONALISM The New York Times ran an article on December 23, 2015 discussing the distance that the average American lives from their mother. As revealed in longitudinal study published in 2010, half of Americans live 18 miles or less from their their mother. As shown in the graph…

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SPECIAL NEEDS, THIRD PARTY AND SELF SETTLED TRUSTS – WHATS WITH ALL THE NAMES?

LEGAL DISTINCTIONS THAT MATTER When a person applies for Medicaid eligibility there are many pitfalls that an unsuspecting or unsophisticated applicant can run afoul of. To help them retain the benefit of certain monies that they would normally have access to third parties or the applicant themselves can create a…

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PLANNING FOR YOUR SPECIAL NEEDS LOVED ONES

CREATE A GLOBAL PLAN TO GO INTO EFFECT TODAY If you are a parent, stepparent, grandparent or caretaker of a special needs child you need to prepare for the day when you are no longer able to physically and financially care for your special needs loved one. While it is…

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ADULT GUARDIANSHIPS, RESTORING RIGHTS

GUARDIANSHIP CAN BE VACATED As this blog has discussed in some detail in the past, Adult Guardianship is a complicated area of the law, dealing with many sensitive issues of personal power, ability and basic competence. On a very basic level, guardianship is a judgment that is entered by a…

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FEDERAL TAX EXEMPTION FOR ELDERLY DEPENDENTS

EVERY LITTLE BIT COUNTS For those of among us who care for elderly parents or relatives, you do it without expectation of compensation or reimbursement. You dedicate time, money, resources and do it day in and day out and will continue to do so without concern for recompense. That does…

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VETERANS ADMINISTRATION PENSIONS – AID AND ATTENDANCE PENSION

The Veterans Administration has a program that allows for a large subset of the veterans population to qualify for certain benefits that pay for costs associated with caring for a veteran or their spouse. This Aid and Attendance pension may be in addition to any pension that the service member…

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FILE AND SUSPEND STRATEGY IS NO MORE – NEED TO REASSESS PLANS

For over a decade it was sound and perfectly legal advice for financial advisors and elder law practitioners to advise their married clients to file and suspend their social security benefits, thereby maximizing their financial returns.  The basic advice was to advise a married couple to have the spouse who…

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