Legislative News: Penalty Period Appropriate for Medicaid Applicant Who Transferred Assets in Divorce Settlement
An Illinois appeals court holds that the state properly imposed a penalty period on a Medicaid applicant who transferred assets to his wife in a divorce settlement. Perlstein v. Dimas (Ill. Ct. App., 1stDist., No. 2017 CH 11119, June 7, 2019). Four months after...
How Gifts Can Affect Medicaid Eligibility
We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care benefits, you need to be careful because giving away money or property can interfere with your eligibility.
Special Needs in the News: NY Court Authorizes Parents to Establish ABLE Account for Adult Daughter
Hopefully the states of Kansas and Missouri will follow the lead of NY. There are many instances where parents/guardians of those with special needs must open an ABLE account to ensure care for their loved one. A New York court lifts restraints on the parent-guardians...
Estate Planning Question: Can the Creator of a Revocable Trust Make Whatever Changes She Wants Without Telling Anyone?
Answer: The creator of a revocable trust, often called the "grantor," "donor," or "trustor," can make whatever changes she wants. She does not have to tell the beneficiaries that she is changing trustees, but she does need to inform the current trustee. Otherwise, the...
Steps to Take in Advance of Death or Disability
No one wants to face the fact that our loved ones will not be with us forever. Facing our own mortality is frightening as well. Although none of us wants to contemplate a time when we or a loved one might become disabled or die, it is important to be prepared. There...
Moving? Make Sure Your Special Needs Planning Moves With You
If you have already established an appropriate special needs trust for your child, then congratulations! You've taken a wonderful step towards ensuring that your child can take maximum advantage of the government programs available for her needs, while also providing...
ABLE Accounts Still Slow to Gain Traction
Only a small fraction of those eligible for new savings accounts for people with disabilities are using them, according to disability advocates. If participation doesn’t pick up – either through better promotion or Congressional action, or both – some of these...
Social Security Disability Benefits: An Overview
By: Andy Jones For more than half a century, Social Security disability benefits have served as a lifeline for millions of people with special needs. In fact, Social Security offers two distinctly separate disability benefit programs -- each serving nearly 10 million...
Planning for a Child with Special Needs
Planning by parents can make all the difference in the life of the child with a disability, as well as that of his or her siblings who may be left with the responsibility for caretaking (on top of their own careers and caring for their own families and, possibly, ailing parents).
How to Plan Your Funeral
Thinking about your funeral may not be fun, but planning ahead is helpful. It both lets your family know your wishes and assists them during a stressful time.
NAELA Praises House Passage of Bill to Ensure Access to Home Care
WASHINGTON (PRWEB) JUNE 19, 2019 The National Academy of Elder Law Attorneys (NAELA) praises House passage of H.R. 3253, the Empowering Beneficiaries, Ensuring Access, and Strengthening Accountability Act of 2019, introduced by Reps. Debbie Dingell (D-MI), Brett...
Senior’s Transfer to Pooled Trust Triggers Medicaid Penalty Period
A U.S. court of appeals rules that a transfer to a special needs pooled trust by a Medicaid recipient who is age 65 or older triggers a Medicaid penalty period. Richardson v. Hamilton (1st Cir., No. 18-1223, June 20, 2019). Eighty-seven-year-old Yvonne Richardson...
Report: Recent Declines in Medicaid Coverage Linked to Paperwork Obstacles
A report finds that 1.6 million fewer people received Medicaid and CHIP in 2018, primarily due to paperwork hurdles confronted during the re-eligibility process.
Executor of Estate Can Deduct Care Expenses from Sale of House
A New Jersey appeals court holds that an executor has submitted sufficient evidence of expenses incurred in taking care of his mother, brother, and his brother's house to deduct those expenses from the sale of the house. In the Matter of the Estate of Biber (N.J....
Medicare Now Covers Conversations About End-of-Life Care
Medicare has made discussions with health care providers about end-of-life options a covered benefit.