Search for Elder Law Attorneys

Most Recent Articles rss

Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?

My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that is paid for and the car I drive. The car is in his name, but I make the monthly payments. I have about a year of payments left on this car. Will Medicaid take both of these vehicles, or is the one I drive OK because I'm still paying on it? He owns no other property.

Read article»

New Medicare Rule Encourages Doctors to Test for Alzheimer's Disease and Offer Care Planning

A new Medicare rule will promote earlier diagnosis of Alzheimer's disease. Medicare will now reimburse primary care doctors who conduct an Alzheimer's evaluation and offer information about care planning to elderly patients with cognitive impairment.

Read article»

Must an IRA Inherited from Father Be Used to Pay Mother's Medicaid Bill?

I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?

Read article»

What Should I Do If I Purchased Long-Term Care Insurance from a Disreputable Company?

My spouse and I purchased a long-term care policy a few years ago when we were both in our 50s. We are now both in our mid-60s, in pretty good health, and have paid premiums religiously. However, we recently did some research and have learned that the company we purchased from does not have a good reputation for paying clams or keeping track of records. Apparently, the company often requires that records be sent repeatedly while the company delays reimbursement of expenses. If/when the time comes that we need to file for benefits or a claim, should we involve an attorney in the initial claim, e.g., have the attorney forward our claims to the insurer? Would it provide any greater likelihood that we wouldn't get the run-around that so many other policyholders seem to have encountered?

Read article»

Will My Mom Still Get a Penalty Period If I'm Using the Transferred Money to Pay Her Expenses?

My mother sold her home a year ago and moved into an independent living apartment. She had early stage dementia. The money from the sale of her home was put in a checking account in my name with my brothers as beneficiaries. I have been paying my mother's rent from this account. Did I make a mistake by putting the house money in an account in my name, even though I intend to use it for my mother's care? I was concerned with her poor judgment in managing her money and thought this would assure its protection. When my mom goes into assisted living, I intend to pay for her care with this money until it is gone and then apply for Medicaid. Will my mom incur a penalty period, even though all this money has been, and will be, used to pay for her care?

Read article»

Make Reviewing Your Estate Plan One of Your New Year's Resolutions

The beginning of a new year is a good time to take a look at your estate plan to make sure it is up to date. Less than half of people actually have any estate planning documents in place and many of those people may have outdated documents. 

Read article»

For Better or for Worse, States Are Turning to Managed Care for Medicaid Long-Term Care

More and more states are switching to a managed care model when dealing with Medicaid long-term care patients, a change that has resulted in a loss of services in some cases.

Read article»

Repealing Obamacare Will Have Consequences for Medicare

One of President-elect’s Donald Trump's campaign promises was to repeal the Affordable Care Act, aka Obamacare, which would have implications for everyone covered by the insurance, but it could also adversely affect Medicare beneficiaries.

Read article»