A U.S. appeals court rules that a group of Medicaid applicants do not have a private right of action to sue in federal court over whether they can deduct their pre-eligibility nursing home expenses from their income. Nasello v. Eagleson (7th Cir., No. 19-3215, Oct. 6,...

The Social Security Administration has announced a 1.3 percent increase in benefits in 2021, an increase even smaller than last year’s. Cost-of-living increases are tied to the consumer price index, and a modest upturn in inflation rates and gas prices means Social...

The rules around required minimum distributions from retirement accounts are confusing, and it’s easy to slip up. Fortunately, if you do make a mistake, there are steps you can take to fix the error and possibly avoid a stiff penalty. If you have a tax-deferred...

While the coronavirus pandemic has curtailed access to residents of nursing homes and assisted living facilities, it should not prevent any contact. Legally, your grandmother should have the right to determine who she contacts and communicates with. If she is not...

The U.S. Census, conducted once every 10 years, determines how more than $675 billion in federal resources is allocated annually, including many programs like Medicaid, special education funds, housing vouchers, and food and employment assistance vital to people with...

Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute decision maker, usually called a "guardian," but called a...

Good question. Probably the best solution would be for you to sign a use and occupancy agreement with your son and daughter-in-law, giving you the right to live in the house for as long as one or both of them owns it. The agreement could also spell out any obligations...

The COVID-19 pandemic has been particularly devastating for nursing homes and their residents.  Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health...

While Medicare would cover a coronavirus vaccine approved through normal channels, if the Food and Drug Administration approves the vaccine through an emergency use authorization (EUA), Medicare will not cover it unless the government acts. As we previously reported,...

Medicare's Open Enrollment Period, during which you can freely enroll in or switch plans, runs from October 15 to December 7. Now is the time to start shopping around to see whether your current choices are still the best ones for you. During this period you may...

No, there is no requirement that anyone take on the role of guardian. However, with no one available to make decisions for your mother, the nursing home may decide it has to seek guardianship on its own, in which case the court would appoint an independent person with...

More and more transactions are done digitally, but estate planning has lagged behind technology. That may be changing, though. Even before the coronavirus pandemic made social distancing necessary, electronic wills were gaining legitimacy. An electronic will (or...

The coronavirus pandemic has forced nursing homes to place a number of restrictions on their residents. These constraints are having the unintended consequence of making it more difficult for nursing home residents to vote.  Hundreds of thousands of nursing home and...

She actually may need to involve lawyers in both states. She will need an attorney in New Jersey to make sure the real estate transfer is appropriate and there are no tax issues or other traps for the unwary. She will also need an attorney in California to make sure...

You can freely transfer your interest in your parents’ house to your brother without it affecting your parents’ potential eligibility for Medicaid. The five-year look-back period only applies to transfers by your parents, not by you. Transferring your interest in the...