Supreme Court Agrees to Hear Florida Medicaid Reimbursement Case
The U.S. Supreme Court has agreed to decide whether Florida can seek reimbursement for Medicaid payments it made on a recipient’s behalf from portions of the recipient’s personal injury settlement that are allocated to future medical expenses. The decision will...
Bankruptcy Court Allows Discharge of Son’s Nursing Home Debt; Not Required to Spend All of Mother’s Assets on Her Care
A U.S. bankruptcy court rules that a son’s judgment debt to a nursing home for his mother’s care is dischargeable in bankruptcy, finding that the son’s failure to apply all of his mother’s income and assets towards her care did not constitute an attempt to defraud the...
Supreme Court to Hear Case That Could Increase the Bite That Medicaid Takes Out of Settlements
The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients’ settlements in personal injury cases. The decision has the potential to affect anyone who receives government assistance with their medical care following a...
What Happens to Your Online Content When You Die?
More and more of the music, movies, and books we own exist only online, in digital form. What happens to these collections after the owner dies? Surprisingly, while you may want your heirs to have access to the books, music and films that you loved, without a physical...
Why Everyone Should Have an Estate Plan
Do you have a will? A durable power of attorney? A health care proxy? If so, no reason to read on. If not, why not? Failure to create an estate plan risks causing discord in your family for generations to come. The following are four often stated reasons for not...
Passing Assets to Grandchildren Through a Generation-Skipping Trust
Passing assets to your grandchildren can be a great way to ensure their future is provided for, and a generation-skipping trust can help you accomplish this goal while reducing estate taxes and also providing for your children. A generation-skipping trust allows you...
What Is an Executor?
An executor is the person or institution responsible for managing the administration of a deceased person's estate. The executor (also called a personal representative) is either named in a will or appointed by the court, if there is no will. In addition to an...
Elder Law Question: How Do I Ensure My Siblings Move Out of My Mom’s House if I Need to Sell It to Pay for Long-Term Care?
That is a difficult one. It would be helpful for them to sign an agreement that requires them to move out when necessary and that gives someone else the ability to make the determination of when it becomes necessary. The problem, of course, is what will you do if they...
Do You Need a Lawyer to Write a Will?
While you aren't technically required to hire a lawyer to draft a will, failing to do so can lead to costly problems for your family and other heirs. A will is a legal document that directs who will receive your property when you die. The legal requirements are pretty...
Dual Eligibility: How Qualifying for Both Medicare and Medicaid Can Help With Costs
Qualifying for Medicare hardly means free health care -- there are still premiums and deductibles. However, people who qualify for both Medicare and Medicaid (called “dual eligibility”) receive help paying their out-of-pocket costs. Medicare is a federal program...
Getting Paid as a Family Caregiver Through Medicaid
Caring for an ailing family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 states have programs that provide pay to family...
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...