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Elder Law Articles

New Year: Check Your Information!

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

TOP 10 REASONS to HIRE AN ELDER LAW ATTORNEY

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.

What Happens If You Don't Have an Estate Plan?

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.

Is It Too Late?

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.

Medicaid Spend Down: Convert Assets into Exempt Resources

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.

Medicaid Spend Down: Family Caregiver Contracts

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.

What Transfers are Exempt from the Medicaid Transfer Penalty?

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.

What Assets are Exempt for Medicaid Eligibility?

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?

Another Benefit of Medicaid Qualification: PA Filial Support Law

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.

In-Home Waiver for Medicaid

Information and steps to apply for waiver services in Pennsylvania.

Why Use Trust Planning?

This article shows the benefits of multi-generational asset protection planning, using trusts.

Medicaid Application Checklist

Applying for Medicaid, or Medical Assistance, for long-term care costs can be daunting. The following checklist provides a list of items you or your loved one will need to complete the Medicaid Application in Pennsylvania.

Powers of Attorney: What Are They and Why Do They Matter?

Powers of attorney (POAs) are an essential document in planning for a client’s potential incapacity and/or long-term care needs. This article discusses financial powers of attorney and their utility in connection with an elderly client’s needs.

Medicaid Eligibility: Can I Gift Cash To My Children?

When meeting with clients and prospective clients, we often get questions about the gift tax, gift tax exemptions, and how a gift of cash affects Medicaid eligibility. To properly understand how these items interact, each needs to be understood separately before taking them together.

What Is Estate Recovery?

Among the many terms that arise in connection with Medicaid planning is the concept of Estate Recovery, which is the process by which the government recoups part of the Medicaid benefits paid on behalf of a Medicaid applicant during his or her lifetime.

34 articles total

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