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What Can You Do to Protect Your Loved One in a Nursing Home During the Pandemic?

by SShepherd | Mar 20, 2020 | Elder Law

As the coronavirus spreads across the United States, nursing home residents are among the most vulnerable to the disease. How to try to ensure that your loved one stays healthy? The first thing you can do is research the nursing home. While you likely made inquiries...

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CMS Waives 3-Day Hospital Stay Rule for SNF Transfers Required for National Emergency

by SShepherd | Mar 18, 2020 | Elder Law

On the heels of the declaration of a national emergency, the Centers for Medicare & Medicaid Services (CMS) is waiving the requirement that Medicare beneficiaries must spend at least three days in a hospital before qualifying for coverage in a skilled nursing...

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Medicare and Medicaid Will Cover Coronavirus Testing

by SShepherd | Mar 11, 2020 | Elder Law

With coronavirus dominating news coverage and creating alarm, it is important to know that Medicare and Medicaid will cover tests for the virus. The department of Health and Human Services has designated the test for the new strain of coronavirus (officially called...

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Service Dogs Only: Feds Propose Strict New Rules for People Flying with Animals

by SShepherd | Mar 11, 2020 | Elder Law

Written By: Andy Jones The U.S. Department of Transportation (DOT) is proposing regulations that would allow airlines to impose new restrictions on people with disabilities seeking to fly with service animals. The planned rules would also end legal protections for...

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Estate Planning Is Essential for Unmarried Couples

by SShepherd | Mar 10, 2020 | Elder Law

While estate planning is important for married couples, it is arguably even more necessary for couples that live together without getting married. Without an estate plan unmarried couples won’t be able to make end-of-life decisions or inherit from each other. Estate...

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Make Sure Your Power of Attorney Complies with Federal Privacy Law

by SShepherd | Mar 8, 2020 | Elder Law

A power of attorney (POA) and a health care proxy are two of the most important estate planning documents you can have, but in some instances they may be useless if they don't comply with the federal privacy law. A POA allows someone you designate (your "agent" or...

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New Medicare Payment Method Causing Cuts to Home Health Care Services

by SShepherd | Mar 5, 2020 | Elder Law

A new payment method for Medicare providers is making it harder for some home health care patients to receive physical, occupational, or speech therapy. Under the new system, providers are refusing to cover some therapy services. On January 1, 2020, the federal...

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Is There Anything We Can Do if a Hospital Wants to Discharge My Father to a Nursing Home Instead of to an Inpatient Rehab Facility?

by SShepherd | Mar 4, 2020 | Elder Law

This is a difficult and not unusual situation. The Medicare payment structure provides incentives for hospitals to discharge patients as soon as safely possible. The hospitals then put pressure on patients and their families to accept discharges to places that may not...

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Federal Law on Medicaid Continuation After Disabled Adult Child Eligibility

by SShepherd | Mar 3, 2020 | Elder Law

Click here for the federal statute and the SSA POMS providing that Medicaid eligibility should continue for an SSI recipient who loses eligibility as a result of increased monthly income due to eligibility for Disabled Adult Child benefits.  The document is courtesy...

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Make Sure Your Life Insurance Is Not Taxed at Your Death

by SShepherd | Mar 2, 2020 | Elder Law

Although your life insurance policy may pass to your heirs income tax-free, it can affect your estate tax. If you are the owner of the insurance policy, it will become a part of your taxable estate when you die. You should make sure your life insurance policy won't...

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How to Include Cryptocurrency in an Estate Plan

by SShepherd | Mar 2, 2020 | Elder Law

The growing popularity of cryptocurrency means it is increasingly something that must be considered when planning an estate. If you own cryptocurrency, providing instructions in your will is a must. Cryptocurrency is virtual money that exists only in digital form. The...

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Resolving Conflicts Between Co-Agents on a Power of Attorney

by SShepherd | Mar 2, 2020 | Elder Law

Having power of attorney over a family member is a big responsibility and sometimes it makes sense to share that responsibility with someone else. But when two people are named co-agents under a power of attorney, conflicts can arise. Unfortunately, if the conflict...

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Tighter Work Requirements for Food Stamps Could Hurt the Elderly & People with Disabilities

by SShepherd | Feb 27, 2020 | Elder Law

New federal regulations set to take effect April 1, 2020, may make it significantly harder for many with disabilities to obtain food stamps. The new rules, finalized by the U.S. Department of Agriculture (USDA), center on the work requirements for recipients of the...

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Students on SSI May Be Able to Earn Extra Income Without a Benefit Reduction

by SShepherd | Feb 26, 2020 | Elder Law

Written By: Andy Jones Supplemental Security ncome (SSI) recipients are typically subject to strict income limits, but recipients under age 22 who are students may be able to earn significantly more without jeopardizing their benefits. It’s part of the Social Security...

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Who Gets Copies of the Will After a Person Dies?

by SShepherd | Feb 25, 2020 | Elder Law

Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn't...

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