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Nursing Home Resident’s Daughter Could Not Remove Mother Due to Pandemic

A Maryland appeals court rules that the daughter of a nursing home resident who was under independent guardianship did not prove it was in her mother’s best interest to remove her from her nursing home due to the COVID-19 pandemic. In the Matter of Boone (Md. Ct....

Medicaid In the News: State Must Be Named as Primary Beneficiary on Community Spouse’s Annuity

A Massachusetts trial court holds that the state is required to be named as the primary beneficiary on an annuity purchased by the community spouse of a Medicaid recipient. American National Insurance Co. v. Breslouf (Mass. Sup. Ct., No. 2084CV02374, June 3, 2021)....

Medicaid’s Home Care Waivers Can Help You Stay in Your Home, But the Line May Be Long

Medicaid long-term care benefits traditionally pay mainly for nursing home care, but the federal government can grant “waivers” to states allowing them to expand Medicaid to include home and community-based services. The downside is that receiving care in a nursing...

Court Cannot Reform Medicaid Recipient’s Deed Because It Would Affect Medicaid Agency’s Right to Estate Recovery

A Massachusetts land court rules that a Medicaid recipient’s estate may not reform a deed to treat the recipient’s property as though it was transferred before she died because the reformation would unfairly prejudice the right of the Medicaid agency to recover from...

Non-Borrowing Spouses of Reverse Mortgage Holders Receive Expanded Protections

The federal government has expanded access to protections for spouses of reverse mortgage holders who are not named in the loan document, allowing more such spouses the ability to stay in their home if the borrowing spouse dies or moves to a care facility. A reverse...

Court Case Illustrates the Danger of Using an Online Power of Attorney Form

A recent court case involving a power of attorney demonstrates the problem with using online estate planning forms instead of hiring an attorney who can make sure your documents are tailored to your needs. Mercedes Goosley owned a home in Pennsylvania. In 2013, she...
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