Search Articles

Find Attorneys

Questions & Answers

What Legal Documents Do We Need When Dad Moves In?

My father-in-law is 91 years old, has dementia, and is diabetic. Due to his health care needs, his wife (my husband's stepmother) can no longer take care of him and wants my husband and his brother help care for him...

Read more
  • Categories:
  • senior living
  • |
  • estate planning

Can a Medicaid Facility Evict Over Spent Home Sale Proceeds?

I cared for my mother until she needed to go into a nursing home paid for by Medicaid benefits. I sold her house and spent the proceeds ($25,000) without knowing it should go to the nursing home. Will she be...

Read more
  • Categories:
  • Medicaid
  • |
  • health care decisions
  • |
  • senior living
  • |
  • nursing home eviction

Will I Have to Pay Capital Gains on My Mother’s Property?

My mother quitclaimed her Georgia home to me when she moved into assisted living and made me POA. I sold the property 6 months later. My home is in Ohio. Will I have to pay capital gains on her property?...

Read more
  • Categories:
  • estate planning
  • |
  • senior living
  • |
  • quitclaim deeds
  • |
  • capital gains

Where Can I Find a Form to Contest Guardianship?

Where can I find a form to contest guardianship? What are my rights and what should I know about the court process? I don’t believe I need a guardian but I have family members who recently began pushing the issue.

Read more
  • Categories:
  • guardianship/conservatorship
  • |
  • health care decisions
  • |
  • senior living

How Does Medicaid Treat a Home Jointly Owned by Family?

My mom has been living with me and my family for eight years. Mom inherited and wants to use the money, along with our savings, to buy a bigger home. Can Medicaid take the home if Mom needs nursing home...

Read more
  • Categories:
  • Medicaid
  • |
  • applying for Medicaid
  • |
  • senior living

Can a Dementia Diagnosis Be Reversed?

How can I get my mom’s dementia diagnosis reversed so she will no longer have temporary state public guardians over her property? Mom wants her house back, and we aren’t sure how to go about it or who to ask...

Read more
  • Categories:
  • senior living
  • |
  • guardianship/conservatorship
  • |
  • dementia

Can Nursing Homes Redirect SSI Checks to Their Facility?

My mother’s Supplemental Security Income (SSI) check was not deposited into our checking account and I’m wondering if the nursing home redirected her check to come to them. If the facility redirected her check, can that be reversed?...

Read more
  • Categories:
  • senior living
  • |
  • long-term care
  • |
  • SSI
  • |
  • Social Security
Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

READ MORE
Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

READ MORE
Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

READ MORE
Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

READ MORE
Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

READ MORE
Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

READ MORE
ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

READ MORE
Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

READ MORE
Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

READ MORE
Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

READ MORE
Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

READ MORE
Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

READ MORE
Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

READ MORE