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Heading Off to College? Don’t Forget Your Estate Plan!

by SShepherd | Jul 19, 2022 | Elder Law

Summer can be a fun and relaxing time, but for those heading off to college for the first time, there is much planning to be done. Dorm room essentials, possibly a new, more mature wardrobe, a car, registering for classes, vaccinations, & more can keep a new...

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Attention Medicare Shoppers: It Pays to Be Smart When Buying a Medigap Insurance Policy

by SShepherd | Jul 17, 2022 | Elder Law

Medigap is Medicare Supplement Insurance that helps fill "gaps" in original Medicare (Parts A and B) and is sold by private companies. Original Medicare pays for much, but not all, of the cost for covered health care services and supplies. A Medicare Supplement...

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At-Home COVID Tests, Accessible for People Who Are Blind or Have Low Vision, Now Available

by SShepherd | Jul 15, 2022 | Elder Law

For Americans who are blind or have other visual impairments, reading the instructions or deciphering the results of a traditional at-home COVID-19 rapid test can prove difficult, if not impossible. Tests designed to be more accessible to people with these...

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CMS Issues Updated Guidance Intended to Improve Quality of Nursing Home Care

by SShepherd | Jul 12, 2022 | Elder Law

Today, more than 1.4 million individuals live in Medicare- and Medicaid-certified nursing homes across the United States. As part of an effort seeking to improve the health and safety of nursing home residents nationwide, the Centers for Medicare and Medicaid Services...

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Keeping Your Emergency Contacts and Medical Information Updated for First Responders

by SShepherd | Jul 10, 2022 | Elder Law

If medical personnel are able to access your medical history during an emergency, it could mean the difference between life and death. But if, for example, you are injured, in shock, suffering from dementia, or are otherwise incapacitated, you may not be able to...

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Warning: Stop Using Unsafe Portable Bed Rails Immediately, National Safety Commission Warns

by SShepherd | Jul 7, 2022 | Elder Law

An advisory issued in June warns people against using a series of adult portable bed rail models after at least three people — including one in a nursing home and another in an assisted living facility — were entangled in them and died of asphyxia. The U.S. Consumer...

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How to Get Into a Nursing Home as a Medicaid Recipient

by SShepherd | Jul 5, 2022 | Elder Law

While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation. With the median cost of a nursing home room being more than $250 a...

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Will Medicare Pay for a Second Stay in a Nursing Home After the Resident Pays Privately for 60 Days?

by SShepherd | Jun 29, 2022 | Elder Law

That is a good question. Unfortunately, it appears, as long as your mother is in the skilled nursing facility, she cannot trigger the 60-day break in in-patient status necessary to start a new spell of illness even though Medicare is not paying for her care. The...

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The Benefits of Giving Gifts to Your Grandchildren in Trust

by SShepherd | Jun 26, 2022 | Elder Law

There are some serious drawbacks to many options for giving gifts to grandchildren. Either there are no tax or estate planning advantages, or you have no control of the funds (or lose control after a certain point), or the money could affect a grandchild's eligibility...

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The Powers and Responsibilities of Representative Payees

by SShepherd | Jun 23, 2022 | Elder Law

Do you have a friend or loved one who receives Social Security and is unable to manage her payments? If so, you can request that the Social Security Administration (SSA), the government agency that disburses Social Security, name you as the representative payee for...

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Can I Use a Medicaid Beneficiary’s Inheritance to Pay Her Assisted Living Facility Three Months in Advance?

by SShepherd | Jun 15, 2022 | Elder Law

Question: My mother is living in an assisted living facility and receiving Medicaid. If she receives an inheritance, can I pay three months in advance to the assisted living facility without jeopardizing Medicaid benefits? Answer: It may be possible, but it is...

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How to Deal with an Estranged Child in Your Estate Plan

by SShepherd | Jun 15, 2022 | Elder Law

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan. Depending on the level of...

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Minimum Monthly Maintenance Needs Allowance for 2022 to Adjust on July 1

by SShepherd | Jun 10, 2022 | Elder Law

The Minimum Monthly Maintenance Needs Allowance (MMMNA) is a spousal impoverishment rule affecting one's eligibility for Medicaid benefits. It allows a married Medicaid nursing home applicant or HCBS Medicaid Waiver applicant to transfer a portion, or in some cases,...

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Social Security Offers Lump-Sum Payments to Some Beneficiaries

by SShepherd | Jun 6, 2022 | Elder Law

If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum payment option that’s worth six months of benefits. However, it comes at a cost. It is important to understand the details before agreeing to the payment. If you have waited beyond...

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If a Family Member Dies with Medical Bills, Can We Retroactively Apply for Medicaid?

by SShepherd | Jun 6, 2022 | Elder Law

It depends on the state rules around retroactive benefits. Some states allow Medicaid recipients to receive retroactive benefits for up to three months before the date of the application. Other states have limited retroactive benefits. To find out the rules in your...

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