New Rental Assistance Rule May Open Benefits to More Seniors
The Social Security Administration (SSA) has published a final rule simplifying and expanding its rental subsidy program for Supplemental Security Income (SSI). Effective September 30, 2024, the new rule is likely to allow more people to qualify for SSI. In addition,...
Are My Assets Protected If My Husband Has to Go on Medicaid?
Question: My husband has no assets in his name; everything is in my name. His only income is Social Security. He has long-term care insurance that will last approximately six years. Would he be eligible for Medicaid at that point? (And are my assets protected?)...
Understanding Medicaid’s Long-Term Care Spousal Impoverishment
The prospect of long-term care often brings with it many financial concerns. As we experience our declining health or that of an aging family member, we begin to realize that long-term care needs at home or in a facility could be necessary. When looking into local...
The Probate Process: A General Timeline
Probate is the legal process of formally recognizing a will after a person dies, naming or validating an executor to administer the estate, and distributing assets to intended beneficiaries. It also requires paying the decedent’s outstanding debts and federal and...
New CMS Rule: Nursing Homes Must Have Minimum Number of Staff
Understaffing threatens the nation’s 1.2 million nursing home residents. Residents who do not receive the care they need can experience falls, dehydration, malnutrition, and bedsores. They are also more vulnerable to abuse and neglect. A historic nursing shortage is...
States With the Highest and Lowest Assisted Living Costs
Today, 58 million adults in the United States are 65 and older. Seniors make up more than 17 percent of the American population. The U.S. Census Bureau expects this number to reach 83.7 million by 2050. Meanwhile, one in every seven older adults will at some point...
Long-Term Care Medicaid vs. Medical Medicaid: What is the Difference?
Long-term care Medicaid and Medical Medicaid (often referred to as regular Medicaid) are both government programs designed to provide health coverage for individuals with limited income and resources, but they serve different purposes: Medical Medicaid: This program...
Elder Law in the Courts: Irrevocably Transferred Insurance Not a Medicaid Resource
The Court of Appeals of Ohio holds that irrevocably assigned insurance policies do not count toward Ohio Medicaid’s resource limit. In Shell v. Ohio Department of Job and Family Services (Ohio Ct. App. No. 112448, Jan 18, 2024). Dorothy Shell entered a long-term care...
What Is the Connection Between Elder Law & Special Needs Planning?
Elder law and special needs planning share some common ground, particularly in terms of legal and financial issues related to vulnerable populations. Here are some connections between the two: Legal Protections: Both elder law and special needs planning law involve...
Proactive Planning of Your Estate
Proactive planning of a person's estate refers to the process of arranging and organizing one's assets and affairs during their lifetime with the intention of ensuring that their wishes are carried out effectively after their death or incapacitation. This type of...
Planning for Children and Adult Children With Special Needs
Individuals with special needs may have a developmental disorder, such as autism, ADHD, or Asperger's syndrome. They may have an intellectual disability such as Down syndrome. Or, perhaps they have a learning disability such as dyslexia or physical impairments that...
What You Should Know About Long-Term Care
Research shows that roughly one in seven adults aged 65 or older will need long-term care at some point in their later years. Meanwhile, tens of millions of Baby Boomers in the United States are growing older and living longer. It seems inevitable, then, that the...
Understanding Medicaid: What Does Medicaid Cover?
In the complex and frequently changing landscape of health care in the United States, Medicaid stands out as a vital program. Since 1965, it has provided essential coverage to millions of low-income individuals and families. Alongside Medicare, Medicaid serves as a...
Elder Financial Abuse: How an Elder Law Attorney Can Help
Elder financial abuse is a significant issue affecting many older adults nationwide. It involves someone exploiting or misusing an older person’s finances or assets for personal gain. Often, the perpetrator is in a position of trust, be it a family member, abusive...
Senators Propose Boosting Seniors’ Social Security Benefits
Millions of seniors nationwide are among those who rely on the financial support they receive each month via their Social Security benefits checks. However, many say that these payouts have failed to keep up with inflation and the escalating prices of basic goods and...