Incentive Trusts: Ensuring That an Inheritance Will Be Well Spent
Many parents or grandparents with sizable amounts of money to pass on to their heirs are apprehensive about the effect it may have on their children or grandchildren. In some instances, they fear that the recipients will misspend the funds on drugs, fancy cars or...
Bill Ending Medicaid Estate Recovery Introduced in House
Rep. Jan Schakowsky (D-Ill.) has introduced The Stop Unfair Medicaid Recoveries Act, which would repeal the requirement that states establish a Medicaid estate recovery program and would limit the circumstances in which a state may place a lien on a Medicaid...
Earned Income Tax Credit Now Available to Seniors Without Dependents
Working seniors without dependents may qualify for the earned income tax credit when they file their 2021 tax returns. The tax credit assists those with low incomes but was previously primarily available to people with young children. If you file taxes and your earned...
Millions of People Could Lose Medicaid Coverage When the Pandemic Is Declared Over
While declining COVID-19 cases are good news, the end of the pandemic could mean millions of Medicaid recipients will lose their coverage. Federal law has prevented states from terminating Medicaid benefits while the coronavirus health emergency is in place. The...
How Does Medicaid Treat Income?
The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home. The deductions include a $60-a-month personal needs allowance (this amount may be somewhat higher or lower in your state), a...
What Documents Are Required for a Medicaid Application?
Medicaid applicants must prove that they have limited income and assets in order to be eligible for long-term care services. Before beginning the application process, it is helpful to understand what information you will be required to provide to prove your...
Medicare to Cover At-Home Covid Tests by ‘Early Spring’
Medicare beneficiaries will soon be eligible to obtain up to eight free rapid at-home Covid-19 tests per month, and, unlike their privately insured counterparts, they won’t have to pay for them upfront, the Biden administration has announced. The federal Centers for...
If a Medicaid Recipient Moves in with Us, Will Medicaid Try to Recoup Benefits from Us?
No. Medicaid can only make a claim against the beneficiary’s estate. Family members have no legal or financial responsibility. (This is assuming that the beneficiary has not transferred funds or property to family members.) For more information about estate...
How Does Work Affect Your Social Security Payments?
Many people continue to work beyond retirement age, either by choice or out of necessity. But if you are receiving Social Security benefits, you need to be aware of how working can affect your benefit payments. Earning income above Social Security thresholds can cause...
Can You Transfer a Whole Life Insurance Policy to a Term Policy Without a Medicaid Penalty?
Most likely, no. It is no different from someone using cash to buy a paid-up life insurance policy. Medicaid would almost certainly treat this as a transfer of assets to the beneficiary of the policy. For more information about how life insurance can affect your...
SSA Offices Expected to Reopen March 30
After being off-limits to most members of the public since March 2020, Social Security Administration (SSA) offices are set to reopen on March 30, 2022, barring an unexpected snag in negotiations with unions representing agency workers or a major change in the...
Court Rules Medicare Beneficiaries Can Appeal Switch to Hospital Observation Status
A federal court has ruled that hospitalized Medicare beneficiaries who were switched from inpatient to observation status can appeal the decision, making it easier for them to receive coverage for subsequent nursing home care. The ruling appears to bring to an end...
Medicare Won’t Cover Rapid At-Home Covid Tests
Americans' ability to quickly and easily test for COVID-19 is one of the most important tools for stopping the infection’s spread. This is why the Biden administration recently announced it is requiring private insurers to cover the cost of up to eight rapid at-home...
When Can Someone Be Declared Legally Incompetent?
If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process....
The Top 10 Elder Law Decisions of 2021
Below, in chronological order, is a list of some of the most important elder law decisions for 2021. Interestingly, all but one of the decisions were favorable to the elder, Medicaid recipient or their family. Medicaid Applicant’s Transfers to Her...