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Articles Posted in Elder Law

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Prepaid Burial Expenses: An Often Overlooked Part of Medicaid Planning

When planning for the possibility of eventual nursing home admission, the key is not so much building up assets, but rather, spending as much as possible in ways that will not trigger penalties or ineligibility. So, some of the best tricks are finding exempt expenditures; these are things Medicaid allows…

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New York Nursing Homes Beware – Medicaid Fraud Under Fire

New York’s Attorney General, Eric Schneiderman, unveiled a sweeping Fraud Control Unit designed to target healthcare providers who abuse the Medicaid system. According to the AG’s website, they are continuing to add dozens of prosecutors and investigators to keep up with reports and investigations. Nursing homes throughout the country are…

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The Happiest and Healthiest Careers to Retire From – Part 1

Forbes loves to tell us who the happiest workers are, or what the healthiest careers are. But no one seems to talk about post-job satisfaction. While these types of articles are generally highly subjective, we can certainly look at professions that tend to produce happier retirees. Whether these can actually…

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Grisham’s Recent Sycamore Row Highlights Complications When Leaving Estate to a Caregiver

John Grisham, internationally recognized author known for writing captivating legal suspense and drama, released a slightly different type of book in 2013. While most of Grisham’s stories center on violent crimes and courtroom battles, Sycamore Row makes a stark departure into the world of probate law. Sycamore Row begins with…

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Splitting Responsibilities Under Powers of Attorney: Typically Not Wise

When it comes to powers of attorney, there are two basic types: property and healthcare. The person selected to make decisions is called the agent, and the person granting the authority is called the principle. Property powers of attorney are designed to allow the agent authority to sign documents, open…

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Mississippi Court Decides Application of Slayer Statute to Mentally Disabled Person for First Time

In 2010, John Armstrong, a Mississippi man suffering from severe schizophrenia, delusions and paranoia, killed his mother, Joan Armstrong, by bludgeoning her repeatedly with a brick and stabbing her multiple times in the stomach and chest. Due to his severe mental illness the criminal court found him incompetent to stand…

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State Supreme Court finds Conflict of Interest Where Personal Representative Used Estate Property to Operate Decedent’s LLC After Death

When a business owner passes away, there are inevitably additional concerns for the estate. For instance, should the business be closed, or should the business continue to be operated by surviving family members? How should the company’s assets be distributed among heirs? Experienced New York elder law attorneys can assist…

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