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This podcast will help you learn about elder law. Encompassing the legal issues that acutely affect seniors and their families.
Once again the holiday season is upon us, a time of joy but also stress. We often visit family members we haven't seen in some time and that...
Much has been written in recent years about the health of Social Security. As the population ages two things are happening. Fewer people are...
Understanding the maze of laws and benefits that form our long term care system is a full time job. That's why I devoted my practice exclusi...
How many times have you contacted a government office to inquire about some benefit or program and told you are not eligible? Have you then...
For many families, keeping their elderly loved one at home will require in home assistance. There are many quality home health care companie...
Let's pick up where we left off with Mary. Her son, Jim is unemployed and Mary has been giving him funds totaling $50,000 over the last 6 mo...
Mary had been reading my blog posts for some time now about the need to plan ahead for long term care. Something struck a chord with her and...
A few months back I wrote about how estates up to $3,500,000 are not subject to federal estate tax and that the tax will be eliminated in 20...
On September 1, 2009 New York's new power of attorney law became effective. There has been much written about it. The intent of lawmakers wa...
One of the more common questions asked of me is "should I take Social Security early?". The questioner is referring to the ability to take S...
I met with a family with the following scenario. Dad needed nursing home care and the family had done no long term planning. We talked about...
I discussed in last week's post how a guardianship may not be possible where Mom needs help but is not necessarily incompetent. So, what oth...
The caller gives me the following fact pattern or some variation. Mom's health is deteriorating. Her behavior is becoming extremely erratic,...
Long term care for people suffering from Alzheimer's Disease and other progressive, degenerative neurological diseases comes in many forms....
Mary calls with the following problem. Her father recently passed away and left a sum of money to each of his grandchildren, including Mary'...
The recent deaths of two wealthy men, one very well known, the other not, illustrates yet again the complications and costs of not preparing...
Mrs. Jones came in to see me. Her husband was diagnosed with Alzheimer's three years ago and the disease has progressed to the point where h...
Joe calls me because he wants to understand how Medicaid works. I start to explain how you have to spend down your assets before you can qua...
In discussing long term care planning with new clients, very often they will tell me that they have everything covered because years earlier...
As long term care needs increase and families want to keep their loved ones at home, hiring home health aides often becomes necessary. Payin...
As I often tell clients, one of the most important documents that everyone should have is a power of attorney. A power of attorney allows yo...
A common scenario that I am seeing with increasing frequency is the following fact pattern. Dad owns a home but not much else. He needs nurs...
A few months ago I wrote about the difficulties qualifying for assisted living Medicaid. (See 3/23/09 blog post). Last year I wrote about th...
As I have written previously, in speaking with families, overwhelmingly the desire is for elderly family members to remain in their own home...
Some months ago I wrote about the couple who, not understanding the peculiarities of the Medicaid rules, did not spend down in a timely mann...
Ever since Congress passed the current estate tax legislation in 2001 it was the belief of many, including myself, that legislators would ha...
Continuing care retirement communities can be a great option for many people. I can move into one community that can meet all my needs, from...
Continuing Care Retirement Communities (CCRCs), are communities that provide a full continuum of care for their residents. They have flexibl...
Medical science has made great strides in the last 30 years. We are certainly living longer. Illnesses and injuries that in the past resulte...
Last week I wrote about Dad who gifted a large sum to his children and within 6 months needed long term care. Because the money had been spe...
In February, 2006 Congress passed some significant changes to the Medicaid laws that created some very dangerous traps for unprepared famili...
The law allows every person to distribute property according to their wishes by a written instrument known as a Last Will. However, many peo...
Jane's husband, John, was recently hospitalized and nursing home care was looking more than likely. At that time, their assets totaled appro...
Mary and Joe own their home and have $150,000 in savings. They have wills leaving everything to each other and then alternatively to their c...
Whenever we meet with new clients, especially married ones, I always want to review the estate planning documents that they currently have....
In my last post I explained how Mom's transferring her home to me during her lifetime will result in capital gains tax whereas passing the h...
"Mom wants to transfer her home to me. Do you think it's a good idea?" A seemingly simple question and one that is probably one of the more...
Mom is unable to handle her affairs and either can't or won't accept assistance from other family members. Or maybe one child lives close by...
As the current economic crisis deepens, it is becoming increasingly clear that we are heading into uncharted waters, in so many respects. Sp...
Dad has been living in an assisted living facility for 3 years at a cost of $4500 per month. He likes it there, is safe and well cared for....
So often, when working with families who are struggling to care for a loved one with dementia, the most frustrating part is the uncertainty...
Jane calls us to relate the same problem that many Americans today are coping with, trying to care for aging parents. She calls because Dad'...
You've spent down the remaining assets on Mom's care and have no more money left. You apply for Medicaid but are told, "Sorry, Mom's not eli...
As we discussed last week, Joe wants to transfer his home to Jim, who lives there with his wife and children. But let's change the facts a b...
Home ownership has long been a large part of the American dream. Through the course of the 20th century, the percentage of Americans owning...
So, in last week's blog I presented a common scenario, Mom and Dad both needing long term care and nothing but a house left in their names....
Mom and Dad are still living in their home which they own. They both need round the clock nursing home level care and have home health aides...
So after listening to Show 13 you're thinking, we should have taken action immediately after Dad's diagnosis but didn't so now what do we do...
Mom and Dad are living in their home but their health is failing. They do not yet need nursing home level care, but do need some assistance...
When I talk with people about long term care and the Medicaid program I sometimes hear very strong opinions that "it is wrong to transfer as...