Search for Elder Law Attorneys

Most Recent Articles rss

Florida Nursing Home Tragedy Causes Rethinking of Disaster Preparedness

The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning.

Read article»

Pay Attention to the Small Details When Dealing with Long-Term Care Insurers

A long-term care insurance company recently cancelled the insurance coverage of an elderly woman who accidentally wrote the wrong amount on her premium check. The case illustrates the need for policyholders to pay attention to the details.

Read article»

Can Medicaid Take My Mother's Settlement Money From a Lawsuit Against the Nursing Home?

My mother went into a nursing home six years ago after she broke her hip. She receives Medicaid benefits. We intended for her to get therapy and return home, but while she was in the nursing home, she was severely injured in a fall and now cannot leave the nursing home. She sued the nursing home and received a little more than $25,000 in a settlement. Now Medicaid wants the money that was awarded to her to pay for her care. How can this happen? It should be illegal. Medicaid should make the nursing home be responsible for their neglect and my mother's health from now forward. Is there any way for my mother to keep this money to be used for her final expenses?

Read article»

How to Reverse Medicare Surcharges When Your Income Changes

What happens if you are a high-income Medicare beneficiary who is paying a surcharge on your premiums and then your income changes? If your circumstances change, you can reverse those surcharges.

Read article»

Does My Dad Need a Power of Attorney If I Can Pay His Bills With a Joint Bank Account?

My dad had a stroke, which has led to aphasia and mild dementia. He can't communicate the right words but he seems to be able to understand, although he forgets things. Before his stroke, he put me on his bank account to manage paying his bills. I am also the beneficiary on his life insurance and annuities. Do I still need to have him sign a power of attorney or something?

Read article»

HUD Makes Reverse Mortgages a Little Less Attractive

The Department of Housing and Urban Development has announced changes to the federal reverse mortgage program that will raise reverse mortgage fees for some borrowers and lower the amount homeowners can borrow.

Read article»

Are Children Liable to Pay for Their Parent's Nursing Home?

My wife and her sister are agents under a power of attorney for their mother. We live in Pennsylvania and her mother is in a nursing home here. After repeated verbal assurances from the nursing home's social worker that the nursing home understood why there was a delay in applying for Medicaid (and no communication from the home to the contrary), two weeks ago the nursing home's attorney demanded that we submit a Medicaid application. The application was submitted in compliance with the nursing home's timetable, but we are still dealing with getting additional information that Medicaid has asked for. Now we have received a letter from the nursing home threatening to bill us for approximately $110,000 in room and board costs. What is our liability?

Read article»

Be Aware of the Kiddie Tax Before Leaving an IRA to Children

Grandparents may be tempted to leave an IRA to a grandchild because children have a low tax rate, but the "kiddie tax" could make doing this less beneficial.

Read article»