Better Than No Loaf: Medicaid Planning Using “Half a Loaf” Strategies
While it is preferable to conduct long-term care planning well in advance of needing care, if you haven’t planned ahead, there are some strategies available to avoid spending all your assets. Three so-called "half a loaf" approaches allow a Medicaid applicant to give...
COVID Vaccination Information Added to Medicare’s Nursing Home Compare Site
Individuals who are researching nursing homes can now see staff and resident vaccination rates along with other quality and safety measure information at Medicare’s Nursing Home Compare website. The official Medicare website includes a nursing home rating...
Medicaid’s Attempt to Ensure the Healthy Spouse Has Enough Income: The MMMNA
When most of a couple's income is in the name of the spouse who is receiving Medicaid, the spouse remaining in the community (i.e. the healthy spouse) may wonder what he or she will live on. Medicaid has created some protections for the community spouse. Although...
What Is the Best Way to Use the Equity from My House to Pay for My Care?
First, it isn’t likely that the tax bill for selling your home would eat up half the proceeds. The top capital gains tax rate is 20 percent and that is just a tax on the capital gain, not all of the proceeds. In addition, you can exclude the first $250,000 of gain....
What Is a Directed Trust and What Are Its Benefits?
Directed trusts can be a useful estate planning tool, allowing you to place your family’s assets in a trust but benefit from the expertise of an advisor who knows more about the handling of certain trust functions than you may. The benefit of a directed trust is it...
Scrivener’s Error and Limited Power of Appointment Do Not Make Property Available to State to Recoup Medicaid Benefits
A Massachusetts land court rules that the state cannot recoup Medicaid benefits from a Medicaid recipient’s property, which was left in a life estate that had a scrivener’s error and included a limited power of appointment. Estate of Koutoukis v. Secretary of the...
Medicare Open Enrollment Time Is Coming: Is Your Plan Still Working for You?
Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one for them. During Medicare's Open Enrollment Period, which runs from October 15 to December 7, beneficiaries can freely...
Medicare’s Limited Nursing Home Coverage
Many people believe that Medicare covers nursing home stays. In fact Medicare's coverage of nursing home care is quite limited. Medicare covers up to 100 days of "skilled nursing care" per illness, but there are a number of requirements that must be met before the...
Medicaid’s Power to Recoup Benefits Paid: Estate Recovery and Liens
Federal law requires the state to attempt to recover the long-term care benefits from a Medicaid recipient's estate after the recipient's death. If steps aren't taken to protect the Medicaid recipient's house, it may need to be sold to settle the claim. For Medicaid...
Three Tips When Hiring a Caregiver for a Special Needs Child
Hiring a caregiver for someone with special needs can be a daunting task. Not only do you have to find a person with the experience, compassion, patience, and skills to work with your loved one, but you also have to comply with a host of employment laws and...
6 Things to Ask Before Agreeing to Be a Trustee
Being asked to serve as the trustee of the trust of a family member is a great honor. It means that the family member trusts your judgment and is willing to put the welfare of the beneficiary or beneficiaries in your hands. But being a trustee is also a great...
Leaving an IRA to a Special Needs Trust Is No Longer Such a Bad Idea
The SECURE Act, passed at the end of 2019, changed a number of rules regarding inherited IRAs, making it more difficult for most beneficiaries to save on taxes by "stretching" distributions over many years. However, an exception to the new rules potentially changes...
Pandemic Payments Now Won’t Affect SSI Benefits or Eligibility at All
Pandemic-related financial assistance will no longer affect an individual’s eligibility for Supplemental Security Income (SSI) or the benefit amount, the Social Security Administration (SSA) has announced. The assistance includes a long list of pandemic payments,...
Elder Care Question: Is There Anything I Can Do to Make a Nursing Home Give Me Health Information About My Spouse?
You may or may not have any rights as a spouse, depending on state law. The durable power of attorney gives you certain legal and financial powers to act on behalf of your spouse, but these don’t necessarily extend to medical information. For that, you would need a...
Resident’s Son Not Liable for Breach of Contract Because He Did Not Cause His Mother to Be Ineligible for Medicaid
A New York appeals court rules that a nursing home resident’s son who signed an admission agreement, agreeing to take all necessary steps to provide documentation for his mother’s Medicaid application, is entitled to summary judgment in a breach of contract claim by...