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...
Non-Borrowing Spouses of Reverse Mortgage Holders Receive Expanded Protections
The federal government has expanded access to protections for spouses of reverse mortgage holders who are not named in the loan document, allowing more such spouses the ability to stay in their home if the borrowing spouse dies or moves to a care facility. A reverse...
Court Case Illustrates the Danger of Using an Online Power of Attorney Form
A recent court case involving a power of attorney demonstrates the problem with using online estate planning forms instead of hiring an attorney who can make sure your documents are tailored to your needs. Mercedes Goosley owned a home in Pennsylvania. In 2013, she...
Younger Adults Now More Likely to Have a Will, According to Survey
A new survey has found that motivated in part by the coronavirus pandemic, younger adults are now more likely to have a will than middle-aged adults. Nevertheless, the overall percentage of Americans with a will has dropped over the past several years. Caring.com’s...
Missouri ABLE Accounts: Details & FAQs on This Valuable Savings Plan for Those With Developmental Disabilities
What is MO ABLE? • A MO ABLE account is an investment account that allows qualified individuals with disabilities to save and invest money without losing eligibility for certain public benefit programs, like Medicaid or SSI. • MO ABLE accounts are made possible by the...
Medicare Eligibility: Elder Care Information That Bears Repeating
There are two main parts to Medicare, each with its own eligibility requirements. Medicare Part A which offers hospital and other institutional coverage, is available for anyone who is over age 65 or who is permanently disabled and who is eligible for Social Security...
How You Can End Up in Medicare’s Donut Hole, and How You Get Out
Medicare prescription drug (Part D) plans can have a coverage gap—called the "donut hole"--which limits how much Medicare will pay for your drugs until you pay a certain amount out of pocket. Although the gap has gotten much smaller since Medicare Part D was...
How to Protect an IRA From Heirs’ Creditors
When a person declares bankruptcy, an individual retirement account (IRA) is one of the assets that is beyond the reach of creditors, but what about an IRA that has been inherited? Resolving a conflict between lower courts, the U.S. Supreme Court in 2014...