You Can Just Say No: Declining to Act as an Agent Under a Power of Attorney
Acting as an agent under a power of attorney is a big responsibility and it isn’t something everyone can take on. It is possible to resign or refuse the position. There are two main types of powers of attorney – financial and medical. As the agent under a power of...
Still-Shuttered SSA Field Offices Pose Threat to Vulnerable Beneficiaries
While most government offices have reopened to the public, the Social Security Administration (SSA) is still barring in-person visits nearly two years after the Covid pandemic first swept across the U.S., resulting in a denial of service to some of the country’s most...
When Do I Need a Guardianship?
The standard under which a person is deemed to require a guardian differs from state to state. And even within some states the standards are different, depending on whether a complete guardianship or only a conservatorship over finances is being sought. Generally a...
Who Pays Capital Gains Taxes When There Are Multiple Heirs?
Tax Planning Question: When several siblings are heirs to a parent's estate, who pays the capital gains tax when the home is sold? Does each heir pay on his or her portion of the proceeds or are taxes paid from the estate before funds are distributed? Answer:...
Medicaid’s Benefits for Assisted Living Facility Residents
Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Costs can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay for this type of care, but Medicaid...
Estate Planning for a Single Person
If you are single, you may not think you need to plan your estate, but single people are in as much need of a plan as anyone else. Estate planning not only involves determining where your assets will go when you die -- it also helps you plan for what will happen...
New Tax Proposals Mean Some Should Review Their Estate Plans
A number of tax proposals being considered in Congress could significantly affect gifting and estate plans for those with larger estates -- over $3.5 million. If you're in that category, you might want to meet with your estate planner to take advantage of gifting...
What Is a Fiduciary and What Are Its Obligations?
When you need someone else to care for money or property on your behalf, that person (or organization) is called a fiduciary. A fiduciary is a person or entity entrusted with the power to act for someone else, and this power comes with the legal obligation to act for...
Can We Apply for Medicaid for Our Mom Without Her Signature?
Question: My mom needs Medicaid for a possible future stay in a nursing home. She has not given any of her children power of attorney, and she refuses to sign anything, including any Medicaid application papers. Is there any way to apply for her without her signature?...
The Difference Between Elder Law and Estate Planning
Elder law and estate planning serve two different--but equally vital--functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die. Elder law...
What Vaccines Does Medicare Cover?
Vaccines can become less effective over time. Even individuals fully vaccinated as children may need to update their immunizations. Medicare Parts B and D offer vaccination coverage. Medicare Part B covers shots for the flu, hepatitis B, pneumococcal (pneumonia), and...
You Can ‘Cure’ a Medicaid Penalty Period by Returning a Gift
Anyone who gifted assets within five years of applying for Medicaid may be subject to a penalty period, but that penalty can be reduced or eliminated if the assets are returned. In order to be eligible for Medicaid, you cannot have recently transferred assets....
2022 Spousal Impoverishment and Home Equity Figures Released
The Centers for Medicare and Medicaid Services (CMS) has released its Spousal Impoverishment Standards for 2022. The spousal impoverishment thresholds will increase 5.4 percent over 2021's figures. The official spousal impoverishment allowances for 2022 are as...
IRS Issues Long-Term Care Premium Deductibility Limits for 2022, and They Look Pretty Familiar
The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as in 2021. Many types of medical expenses are deductible...
California Is Planning to Eliminate the Asset Test for Medicaid Applicants
California is in the process of removing the asset test for all Medicaid (called Med-Cal) programs. The move will significantly help low-income seniors who need long-term care. Currently, individuals in California and all other states must spend down their assets to a...