Elder Law Articles

When meeting with an elder law attorney, it is important to come prepared with relevant information and documentation to make the most of your time. Here is a general checklist of items you should bring to an appointment with an elder law attorney.

The New Year serves as a natural point for reflection and goal-setting. One reset can include planning for your future through estate planning and elder law considerations. Here are 7 reasons why it is important.

This article reviews the What, Why, and How of Guardianships and provides a comparison of Guardianship vs. Power of Attorney.

It is common for parents to want to deed their home to their children for a variety of reasons. Specific to Pennsylvania is the desire to avoid probate, probate fees and inheritance tax (even though probate in Pennsylvania is a relatively simple process).

While there are many ways to achieve your philanthropic goals, making donations through a personal retirement account (such as an individual retirement account or IRA) can be very effective.

The New Year is the perfect time to check your estate planning documents and beneficiary designations.

The road to financial freedom and peace of mind is not always smooth. The following are ten reasons to hire an experienced elder law attorney to navigate long-term care and Medicaid issues.

Everyone with assets should have an estate plan. If you die without a will in Pennsylvania, there are pre-determined rules concerning what happens to your assets.

This is a question we get often from clients: “My father [or mother] is already in a nursing home. Is it too late to protect and preserve assets?” The simple answer is “no.” Many of the clients we serve are in this situation, or about to be. We can help determine the best course of action based on your family’s specific situation.

Another technique for accelerating an applicant’s qualification for Medicaid and/or preserving family assets is to convert assets that would otherwise be counted toward the Medicaid resource eligibility limits (countable assets) into non-countable (or exempt) resources.

Qualifying for Medicaid often involves accelerating expenditures to reduce an applicant’s countable resources down to the required level. One technique for spending down assets to accelerate qualification is through the use of a Family Caregiver Contract.

In order to discourage Medicaid applicants from artificially impoverishing themselves (through gifting) to financially qualify for Medicaid, a penalty is imposed on asset transfers for less than fair consideration that occur within a defined time period generally referred to as the “look-back period”. However, not all transfers are subject to this penalty.

In order to qualify for Medicaid financing of long-term care services, an individual must be medically and financially eligible. The financial requirements limit the amount of “countable” resources and income that an individual can have and still qualify for Medicaid financing. But what are the "non-countable" resources?

The obvious benefit of qualifying for and using Medicaid for long-term care costs in Pennsylvania is to preserve assets for the next generation. Another, lesser known benefit is to protect your children from the financial burden of your nursing home bills, because of Pennsylvania's Filial Support Law.

Information and steps to apply for waiver services in Pennsylvania.