Practical guidance on elder law, long-term care planning, Medicaid, estate planning and aging in place from the Aging in Place Planning and Elderlaw Blog.
Picture a widow in her eighties with three grown children. One daughter lives ten minutes away. She drives Mom to the doctor, picks up the prescriptions, and eventually starts paying the bills. A son lives two time zones away and…
A story that circulated this week should get the attention of every adult child with a parent in a care facility, or headed to one. In “Filial responsibility” law could leave adult children paying their parents’ debt—and nearly…
When a parent’s health changes, the first casualty is usually communication. One sibling is told about the fall, another hears it secondhand. The doctor’s instructions live in one person’s head. Three people bring casseroles on…
Few families want to talk about funerals. Most of us will be asked sooner or later. Should I pay for mine in advance? There is no single right answer. Prepaying can spare your family a stressful round of decisions. It can lock in…
We have written a lot on this blog about technology that helps people stay in their own homes. Fall-detecting watches. Voice assistants. Daily check-in calls. Cameras and smart locks. A fair question follows . Do these devices…
A married couple did everything right. One spouse signed an irrevocable trust whose primary purpose was to benefit descendants, funded it from investment accounts, and told the accountant the trust was meant to benefit future…
At a glance "TIN" is the umbrella term. Social Security numbers, EINs, and ITINs are all TINs.. When a form asks for a "TIN," it wants the number of whoever owns the account: you, your trust, an estate, or a business. An…
At a glance When the grantor dies, a revocable trust usually becomes irrevocable and needs its own employer identification number (EIN). The application is free and online, but a few entries decide where IRS mail goes and which…
In April 2016, an 88-year-old Michigan man named Brownie Kachar stood in his kitchen holding a barbecue fork. His son Stanley and the home-care nurses had been discussing his care without him. Brownie was angry. He insisted he…
A Private Care Agreement (PCA) is one of the most useful and most frequently mishandled tools in aging-in-place planning. Families usually meet it as a single document: pay a child to keep Mom at home, write it down, hope…
At a Glance- Thieves target the weeks right after a death, when no one is watching the accounts. The first steps cost nothing and need no court order: a careful obituary, a secured home, a protected phone line, and controlled…
A recent ElderLawAnswers piece highlighted something families planning a facility move often don't hear until it's too late: moving into a nursing home doesn't mean surrendering the right to make decisions about your own life .…
Exploitation of an older adult rarely starts with a locked door. More often it starts with a story. The story says the children are greedy. It says the sister "never calls anymore." It says the neighbor who checks in is really…
Families planning for a loved one with disabilities often face a difficult balancing act: how to provide meaningful financial support without jeopardizing eligibility for needs-based public benefits such as Supplemental Security…
A Harris Poll commissioned by Workforce Edge and Strategic Education surveyed more than 1,500 U.S. healthcare workers and 300 employers in June and July 2026. Fifty-nine percent of all workers said they are likely to look for a…
Sally Kelly writes the “Senior Life” column for The Portager , a locally owned news outlet serving Portage County. In her September 9, 2026 piece, “ Become a guardian volunteer for vulnerable neighbors ,” she wrote about…
Family trust litigation often turns on a single sentence buried in an otherwise routine distribution clause. A new published opinion from California's Fourth District shows exactly how much can ride on that sentence, and how far…
*The image is a Grok-AI generated image and does not depict a specific service/product One of the most common and persistent worries for families supporting an older adult who lives alone is simple: “Is she okay today?”…
Most trust litigation stays quiet. The filings get sealed, the settlement gets signed, and the rest of us never see how a judge actually weighs a trustee's motives against a trust's own terms. A newly unsealed Nevada probate file…
Joseph Stancak lived alone on Chicago's Southwest Side. He drove an old car. He wore old clothes. Neighbors guessed he might have been an electrician. Nobody knew much else about him. He died in 2016 at 87. He left no will. He…
Estate administration can test even the closest families. Old resentments surface, expectations clash, and grief and money can turn minor misunderstandings into lasting rifts. The worst cases devolve into violence . The good news…
When clients ask whether all three children, or all their beneficiaries, or just three trusted people, should serve together as co-successor trustees, I generally recommend against it. It may feel like the "fair" or inclusive…
A 529 education savings plan is one of the most tax-efficient ways to save for qualified education expenses. When the account is owned by an individual, however, control, continuity, and multi-generational planning can be…
Aging in place isn't just about staying home; it's about living well at home, with technology quietly handling the heavy lifting so you can focus on the moments that matter. This 2026 update to our original smart home toolkit…
A no-contest clause is a warning written into a will or trust. It says: challenge this plan, and you lose what the plan gives you. Lawyers call it an in terrorem clause, Latin for "in fear." The name fits. The clause works best…
A recent piece in the Wealth Strategies Journal , " Putting the Success in Succession Planning " by Katherine M. Sheehan, J.D., AEP, ATFA, lays out a genuinely useful framework for family business owners: successful transitions…
Many of the families we work with have the same quiet question at the kitchen table. Mom and Dad are ready to stop farming. A neighbor or a young farmer wants the ground. But the land has been in the family for decades, and the…
We've written on this blog before about how a general durable power of attorney can end up far weaker than the person who signed it ever intended. A Seventh Circuit decision handed down this summer is a clear illustration of that…
A recent CNN a rticle on New Yorkers finding creative ways to afford the city, from moving into convents, RVs, even a stranger's spare bedroom, mostly told the story from the young renter's side: how to survive $4,200-a-month…
Families with a loved one under a conservatorship in Alabama got an important, if technical-sounding, piece of good news this week. On August 24, 2026, the Alabama Supreme Court ruled unanimously that circuit courts retain the…
Most aging-in-place planning starts with the wrong question. A family notices Mom is slowing down, or Dad grabbed the counter a little too hard last week, and the first phone call is to a contractor for a remodeling estimate.…
For years, “aging in place” design often meant a clinical checklist: grab bars, walk-in tubs, wider doorways, and step-free entries. While these features remain important for safety, a new trend is reshaping how homes for adults…
For as long as elder law has existed as a practice area, verification of identity over the phone has rested on one simple, unspoken assumption: you know your own grandchild’s voice when you hear it. That assumption no longer…
Most of what we discuss on this blog assumes a certain baseline: that somewhere in an aging person's life, there's at least one family member paying attention; someone who'll notice the new hesitation on the stairs, the grocery…
Economists have long described the coming transfer of wealth from baby boomers to younger generations as the greatest in history. Estimates have ranged from $68 trillion to $84 trillion expected to change hands over the next two…
Prenuptial agreements ("Prenup") are often portrayed as tools reserved for the ultra-wealthy or for young couples with complex business interests. That view is outdated. Seniors entering a second or third marriage or blended…
In our recent discussion of Estate of Fields , we examined how the Fifth Circuit Court of Appeals disregarded the formal structure of a late-life family limited partnership and pulled the underlying assets back into the…
On August 4, 2026, the U.S. Court of Appeals for the Ninth Circuit issued a decision that should give pause to anyone relying on Domestic Asset Protection Trust (DAPT) for asset protection, particularly against federal agency…
In July 2026, Michigan Governor Gretchen Whitmer signed two bipartisan bills, Senate Bill 585 and Senate Bill 586 , aimed at strengthening protections for adults under guardianship. These measures, welcomed by advocates including…
On July 29, 2026, the Senate Special Committee on Aging held a hearing titled “ The AI Deception Machine: Deepfakes, Chatbots, and the New Frontier of Senior Fraud .” Paul Benda, Executive Vice President for Risk, Fraud and…
At a glance Five weeks before Anne Fields died of Alzheimer’s disease, her agent moved about $17 million of her assets into a family limited partnership. The estate reported her partnership interest at $10.9 million, a discount…
When an older adult suffers a serious health event, such as a stroke, and then executes or changes a will, the stage is often set for conflict. A recent Texas case, In re Estate of Corbett , shows how quickly those conflicts can…
A recent news segment and accompanying investigative reporting have brought renewed attention to serious concerns about care quality at facilities operated by the Arbors of Ohio nursing home chain. The reporting highlights a…
One of the most common and costly retirement-account mistakes is failing to identify beneficiaries on an IRA. When no beneficiary is designated (or the designation fails), the account passes to the decedent’s estate by default.…
A recent decision from the New Hampshire Supreme Court delivers a clear and costly reminder to trustees: living rent-free in trust-owned property and using trust funds for personal renovations constitutes a breach of fiduciary…
A recent Texas case illustrates a recurring and painful problem: when someone dies without clear written instructions about their remains, disputes among family members (or between family and a non-family partner) can create…
A recent U.S. Tax Court decision serves as a stark warning for families who attempt to “unwrap” or terminate a Qualified Terminable Interest Property (QTIP) trust early. In Linda M. Lewis v. Commissioner and Peter F. McDougall v.…
In our previous article we examined a Texas Court of Appeals decision that dismissed a trust’s appeal because its non-lawyer trustee tried to represent the trust pro se. That case is only one illustration of a much broader and…
Romance scams are among the most heartbreaking forms of financial exploitation facing older adults. Scammers create fake online relationships, build emotional trust over weeks or months, and then extract money, often under the…
A recent Texas Court of Appeals decision delivers a clear and important reminder for trustees, settlors, and families who rely on trusts: a non-lawyer trustee cannot represent the trust in court. Doing so constitutes the…
Protective placement and guardianship are among the most powerful tools the state can use against an adult. They can strip a person of the right to decide where to live, how to spend money, what medical care to accept, and even…
The Michigan Supreme Court Ruling in In re Estate of Sizick restores an important Medicaid planning tool for married couples while highlighting the ongoing risks of crisis-driven legal proceedings. The case, also styled Gries v.…
A recent investigative report out of Utah illustrates a growing challenge for families across the country, including in Ohio and Missouri: valid General Durable Powers of Attorney (GDPOAs) are frequently rejected, refused, or…
Experienced attorneys know that the design of an estate plan matters more than the specific instructions it contains, especially when it comes to resilience . Most people want "peace of mind" from their estate planning. They want…
For many people, naming a beneficiary on a bank account, brokerage account, retirement plan, or life insurance policy feels like a simple, effective, and inexpensive way to avoid probate. These Direct Transfer Designations,…
The term “paper prison” describes the harsh reality faced by too many older adults under guardianship: court-ordered arrangements intended to protect them can instead remove their autonomy, isolate them from family, and control,…
In July 2026, Illinois became the first state to enact a dedicated tax on cryptocurrency and other digital-asset transactions. The Illinois Digital Asset Tax Ac t (IDATA) imposes a 0.2% levy on the value of digital assets…
Imagine this: Your aging parent needs nursing home care. You help with finances using a power of attorney, but you’re careful not to sign the admission agreement yourself . The facility racks up a $66,000 bill, your parent can’t…
A significant change to Medicaid rules is coming in 2028 that will affect many homeowners, especially those in higher-cost housing markets. On July 4, 2025, the Budget Reconciliation Act of 2025 (often called the “One Big…
Long-term care planning is rarely a simple checklist. It involves evolving health needs, family dynamics, legal protections, and financial realities that change over time. A new article in the Wealth Strategies Journal highlights…
As long-term care costs continue to climb, with home care and assisted living expenses rising dramatically, families across the country are searching for better ways to protect their savings and help loved ones remain at home.…
A recent decision from the U.S. Court of Appeals for the Second Circuit in Bellin v. McDonald (decided May 21, 2026) represents both progress and a missed opportunity for New York Medicaid beneficiaries who need intensive in-home…
Some cases stand for the black-letter rule or law determined by the court. Some cases serve as object lessons regarding the costs, uncertainties, and inherent risks of litigation. The recent case of In re Estate of Sizick (Mich.…
Long-term care planning is rarely a simple checklist. It involves evolving health needs, family dynamics, legal protections, and financial realities that change over time. A new article in the Wealth Strategies Journal highlights…
In a significant decision issued on May 12, 2026, the Supreme Judicial Court of Maine explicitly recognized that adults subject to guardianship or conservatorship proceedings, or seeking their termination, have not only a…
Nursing homes are increasingly deploying carefully drafted written agreements to protect their financial and legal interests. These documents often go far beyond standard admission paperwork. Facilities include provisions…
Estate planning is about far more than deciding who gets the house, the investments, or the family heirlooms after you’re gone. True elder planning puts YOU first: your dignity, your independence, your quality of life, and your…
The rise of telehealth has been nothing short of revolutionary, transforming how millions of Americans, especially seniors, access care without leaving the comfort of home. " Telehealth use among Medicare beneficiaries grew…
More than a decade ago, our blog highlighted a sobering federal report on the risks of skilled nursing facility (SNF) care for Medicare beneficiaries recovering from hospitalization. In our March 13, 2014, post, “ One-Third of…
A recent federal court decision in New York offers a clear window into how Medicare actually operates, not as a traditional health care system that delivers services to seniors, but as a vast federal regulatory regime that…
The Ohio Department of Aging (AGE) is alerting Ohioans to reports of a phone scam in which individuals falsely claim to represent the Golden Buckeye program . Residents have reported receiving unsolicited calls from scammers…
If you or a loved one is preparing for long-term care and considering Medicaid to help cover nursing home or in-home care costs, a recent federal appeals court decision could significantly affect your options. In Lancaster v.…
This office often consults with clients regarding the sale of a business, typically in settlement of an estate. The following is general information that can aid a client or a client's family in understanding the process and…
In a decision that offers real hope to families fighting elder financial exploitation, a federal district court in California has allowed an 87-year-old woman’s lawsuit against Wells Fargo to proceed, ruling that she adequately…
Medicaid has two hurdles: Asset limits (e.g., $2,000 for individuals in Ohio) and Income limits (e.g., $2,829/month in 2026 for Ohio). Assets in a proper MAPT aren't countable after the lookback, but high income (from pensions,…
A Medicaid Asset Protection Trust (MAPT) is a specialized irrevocable trust designed to shelter assets from Medicaid eligibility calculations for long-term care, while adhering to strict rules to avoid Medicaid penalties.…
The Centers for Medicare and Medicaid Services (CMS) released the Community Spousal Resource Allowance and Home Equity Limits for 2026. The official allowances for 2026 are as follows: Minimum Community Spouse Resource Allowance:…
For planning seniors, ensuring their assets pass smoothly and reliably to loved ones is a cornerstone of peace of mind. A recent legal battle over a retirement account in Ohio, Rolison v. Procter & Gamble , ( reported by Wealth…
The Garn–St. Germain Depository Institutions Act of 1982 (Public Law 97-320, signed October 15, 1982) is a landmark U.S. federal law that dramatically changed how mortgages are handled when property is transferred, especially in…
In December, 2025, the IRS issued Notice 2026-5 , clarifying significant expansions to Health Savings Accounts (HSAs) under the One Big Beautiful Bill Act . These changes broaden who can contribute to an HSA and how the accounts…
A landmark snapshot of America's long-term care landscape compiled by the Centers for Medicare & Medicaid Services (CMS) reveals that far fewer people, just 1.5 million , received institutional services like nursing home care in…
Dear Friends of the Aging-in-Place Planning and Elderlaw Blog, As the twinkling lights brighten our homes and the scent of pine, pumpkin spice, and cinnamon fills the air, we pause to send you our warmest Christmas wishes. This…
If you're a DACA recipient living in the U.S. with U.S. citizen children, you've already built a life here, and you want to protect it, even if immigration enforcement unexpectedly knocks. While DACA provides temporary protection…
On December 3, 2025, International Day of Persons with Disabilities, disability rights advocate and author Emily Ladau delivered moving testimony to the U.S. Senate Special Committee on Aging titled “ Aging in Place: The Impact…
In a long-overdue move toward accountability, the Centers for Medicare & Medicaid Services (CMS) is ramping up requirements for nursing homes to disclose detailed ownership information, a step experts say could lead to more…
In a move hailed as a "milestone victory" by the nursing home industry , the U.S. Department of Health and Human Services (HHS) has fully repealed the Biden administration's controversial minimum staffing rule for skilled nursing…
A groundbreaking global study reveals that older adults are increasingly embracing "smart home" technology to maintain independence, offering a powerful antidote to the burnout plaguing family caregivers. The 2025 EY Global…
In a state where elder abuse affects 1 in 10 adults over 60, and only 1 in 5 cases is reported , according to the Ohio Department of Aging, any tool that empowers families to monitor care is a welcome development. Ohio is now…
Caregiver Action Network A new national survey has uncovered a stark "longevity blind spot" for Americans: While many obsess over retirement savings or gym routines, the critical need for planning- "who will care for them, and…
ID 159230018 Motortion Dreamstime The phrase “parenting your parents” is often used to describe caregiving for aging loved ones. It’s a catchy way to describe the shift where adult children take on responsibilities for their…
A brisk walk around the block or a leisurely stroll through your neighborhood isn't just a breath of fresh air; it's a powerful prescription for brain health and stability as you age. Two new studies, both published in October,…
In the quiet suburbs of Missouri, a family's worst nightmare unfolded not with a sudden illness or financial crisis, but with a court order that stripped a man of his home, his savings, and his voice. The story of John Doe (…
Caregiver Action Network In the evolving landscape of senior care, where 90% of older adults express a strong desire to age in place , a powerful truth is emerging: the most effective, compassionate care isn't found in…
Imagine a loved one with dementia suddenly calm and smiling because they’re sitting in their favorite armchair, surrounded by the same photos and knick-knacks they’ve known for decades. Studies suggest that this isn’t just…
ID 36664799126 Danwanone Dreamstime Caregiving for an aging loved one is a journey of deep love and quiet heroism, but it's also one that can feel like juggling too many balls alone; scheduling doctors' appointments, tracking…
November is National Family Caregivers Month, a heartfelt tribute to the 63 million Americans who dedicate their time, energy, and love to supporting family members, friends, or neighbors through illness, frailty, and the…
A New Jersey woman with dementia, asthma, diabetes, and a high fall risk was told by Medicaid she was "clinically ineligible" for nursing home care, despite her doctors begging to differ. As a consequence, her Medicaid benefit…
Caregiver Action Network Imagine watching a loved one struggle to take a simple sip of water, their face turning red as they cough and gasp for air. This heart-wrenching scene, drawn from a poignant account of an elderly man…
In the ever-evolving landscape of elder care, where families grapple with the dual challenges of extending lifespan and improving quality of life, new scientific breakthroughs offer hope and actionable guidance. A groundbreaking…
A new study reveals a heartbreaking reality for many military families: Veterans with overburdened caregivers are 2.5 times more likely to end up in nursing homes, highlighting the devastating impact of caregiver fatigue on aging…
In a state where 1 in 10 adults over 60 faces abuse or exploitation, yet only 1 in 5 cases is reported, Ohio Attorney General Dave Yost has launched a statewide campaign to raise awareness and encourage reporting. Announced on…
Caregiving for an aging loved one is a profound act of love, but it’s also a marathon that can lead to exhaustion, resentment, and health crises if not managed well. A new study in BMC Nursing (published September 2025)…
As the demands of caregiving and daily life continue to intensify for millions of Americans, 53 million family caregivers alone, according to AARP's 2025 data, building personal resilience and accessing support networks have…
A new investigation has peeled back the curtain on a troubling contradiction in American nursing home care: facilities receiving millions in taxpayer-funded bonuses for "high-quality" performance are often mired in allegations of…
In the quiet corners of social media, where staff from nursing homes once shared "funny" moments with colleagues, a darker reality lurks: photos of residents with taped pig snouts, videos of aides spraying cleaning chemicals on a…
Receiving a denial letter from your health insurer can feel like a gut punch, especially when it blocks treatment for a chronic condition or urgent need. But there's a powerful, often underused tool called an external review that…
Supported Decision-Making (SDM) is emerging as a vital innovation in elder law, offering seniors and their families a way to maintain control over life decisions even as cognitive or physical challenges arise. At its core, SDM is…
Imagine signing a life care contract with a continuing care retirement community (CCRC), paying a hefty "lifetime use fee" for the promise of seamless care from independent living to nursing home, all under one roof, without…
A recent report from the Nurses Services Organization and CNA Financial Corp. reveals a troubling 32% increase in malpractice claims against assisted living nurses from 2018 to 2023, with claims frequency rising to 0.71 per 100…
A groundbreaking international study of nearly 69,000 older adults in long-term care facilities has pinpointed the most effective strategies for reducing falls: regular supervised exercise, vitamin D supplementation, and…
When planning to age in place, seniors and their families must carefully navigate estate planning tools like trusts and guardianships, especially when cognitive decline, such as dementia, raises questions about capacity. The…
The recent passage of The One Big Beautiful Bill Act (OBBBA) has extended and modified several tax and regulatory provisions of interest to seniors and planners, blending inflation adjustments with new rules effective in 2026.…
Upon the death of the settlor , a revocable trust typically becomes irrevocable , triggering specific duties for the successor trustee under the Ohio Trust Code (OTC) . The trustee must comply with the following notice and…
The risk of elder fraud and financial abuse has skyrocketed, with losses exceeding $28 billion annually in the U.S. This form of exploitation, often perpetrated by strangers through scams or by trusted individuals like family…
In a thought-provoking Forbes article published on September 18, 2025, legal scholar Nina Kohn explores the limitations of America's current approach to combating elder abuse, particularly the current overreliance on mandatory…
As the population ages, family caregiving for individuals with dementia has become an increasingly critical aspect of elder care planning. For Latino families, this role often comes with unique cultural, linguistic, and systemic…
The JAMA study , reported on this blog in the article entitled, " Fate Worse Than Death:" Long-Term Care’s Independence Crisis , " underscored seniors’ fears of losing independence in long-term care, with some likening it to a…
ID 80585074 © One Photo | Dreamstime.com In a recent decision that underscores the complexities of challenging state Medicaid decisions in federal court, the Eighth Circuit Court of Appeals affirmed the dismissal of a lawsuit…
For many seniors, family serves as a natural safety net, offering emotional support, practical help, and a shared history that feels indispensable. Yet, life doesn't always unfold that way. Whether due to distance, estrangement,…
As our population ages, ensuring comprehensive health coverage isn't just a policy debate; it's a matter of dignity, independence, and quality of life. For the 1.2 million Americans residing in nursing facilities, poor oral…
In the world of elder law and aging in place planning, we often hear the quiet fears that whisper through consultations: "If I live long enough, won't I just end up with some devastating disease? Dementia? Something that steals…
Aging in place, staying in your own home as you grow older, offers the warmth of familiar surroundings, the independence to maintain your routines, and the joy of cherished memories. It's a choice that many seniors embrace for…
For families planning to safeguard assets through Medicaid planning, a cornerstone strategy is the use of an irrevocable trust to shield resources from the five-year lookback period, ensuring eligibility for long-term care…
In a quiet but seismic shift for long-term care, the U.S. Department of Health and Human Services (HHS) has dismissed its appeals in two key federal cases challenging the Biden-era nursing home staffing minimums rule . Filed in…
Agents are prohibited from making uninvited visits to homes and senior Medicare’s open enrollment period runs from Oct. 15 through Dec. 7, giving Ohioans on Medicare a valuable opportunity to review and compare their current…
The Ohio Senior Health Insurance Information Program is a free, state-sponsored service provided by the Ohio Department of Insurance, designed to help Medicare beneficiaries navigate complex health insurance options. As Ohio's…
For families navigating long-term care, a recent Kentucky Supreme Court decision offers a significant win. On August 14, 2025, the court ruled in Lexington Alzheimer’s Investors, LLC v. Norris that a spouse who signed a mandatory…
As families plan for aging in place, maintaining independence at home rather than moving to a nursing home or assisted living facility is key. Medicare plays a pivotal role in either facilitating or frustrating aging in place…
In the worlds of estate and trust planning, aging-in-place planning, and business succession planning, a well-crafted revocable living trust isn't just a tool for avoiding probate, it's a shield against very real risks that can…
In a recent ruling that underscores the pitfalls of incomplete estate planning, the New Jersey Supreme Court ordered over $200,000 in unpaid pension benefits to be paid to a retiree's estate rather than his estranged wife. The…
As the desire to age in place grows, ensuring safety and health at home becomes paramount for older adults. A recent study published in Home HealthCare Now , and brought to my attention by McKnight's Home Care highlights a…
Elder law attorneys focused on aging in place planning often counsel families on the complexities and risks of long-term care options, including nursing homes and assisted living facilities. A recent article entitled, " States…
As an elder law attorney concentrating my practice on aging in place planning, I frequently guide families through the emotional, financial, legal, and practical challenges of caring for aging parents. One of these challenges is…
Missouri's new nursing home laws (Senate Bill (SB) 164, 694 , and 733 ), effective on August 28, 2025, represent a significant step forward in safeguarding vulnerable residents from abuse and neglect. T hese updates aim to…
ID 80585074 © One Photo | Dreamstime.com For many, Medicaid is synonymous with funding long-term institutional care, such as nursing homes, for qualifying seniors with limited income and assets. This perception is understandable;…
As individuals plan for their legacy, the intersection of estate planning, business ownership, and elder law becomes increasingly critical, especially for farmers and small business owners who often rely on closely held business…
The Kentucky Court of Appeals’ decision in Doolin v. Owen , decided on July 18, 2025, underscores the critical importance of careful drafting and execution of powers of attorney (POAs). This case highlights the pitfalls of…
In a recent case that underscores the vulnerabilities of aging individuals and the critical need for robust estate planning, an Ohio appeals court has ruled that Thomas Means, a Columbus man, embezzled $1.38 million from his…
The recent decision by the Pennsylvania Superior Court in In re Beam , No. 768 EDA 2024 (Pa. Super. Ct. July 1, 2025), serves as a stark reminder of the critical importance of fiduciary responsibility and proactive estate…
Choosing the right trustee to manage a trust is a pivotal decision to protect your assets and ensure your wishes are honored. For those considering a corporate trustee, The Wealth Advisor offers its 2025 America’s Most…
As seniors plan, ensuring financial security and protecting assets are top priorities. A recent Texas Court of Appeals case, Amy v. West-Cobb , No. 03-24-00693-CV (Tex. App. July 3, 2025), serves as a stark reminder of how…
Limited Liability Companies (LLCs) are a popular choice for small business owners, including family farms, rental property owners, and service-oriented businesses, due to their simplicity and robust asset protection benefits. By…
As seniors and their families plan for aging in place, the involvement of probate courts and institutional guardianship services can become a pivotal and often contentious issue, particularly when a senior’s capacity is…
A critical aspect of trust administration is determining trustee fees, which compensate the trustee, whether a family member or a corporate entity like a bank, for the time and effort expended in managing and distributing assets.…
A landmark 2025 Supreme Court decision has significantly narrowed the ability of Medicaid beneficiaries, including many seniors planning for long-term care or aging in place, to sue state agencies in federal court when they…
For families with loved ones in nursing homes receiving Medicaid benefits, the fear of losing a family home to aggressive debt collection can feel overwhelming. Many seniors and their families already face financial hardship;…
As an older adult or caregiver, ensuring access to mental health care can feel overwhelming, especially when it comes to understanding what your insurance covers. Whether you’re managing anxiety, depression, or supporting a loved…
Most older Americans can't afford home care after accounting for their daily living expenses, according to a new report by the Harvard University Joint Center for Housing Studies. Roughly 75% of American households ages 75 and…
Home care worker shortages and rising care costs in America have pushed nearly half of states to the brink of a “of an unpaid family caregiving emergency,” according to a new study by Columbia University Mailman School of Public…
Choosing a nursing home or skilled nursing facility (SNF) is a critical decision for seniors and families. A recent report from Nonprofit Quarterly , “ The Triple Threat Facing Nursing Homes—And How to Overcome It , explains why…
A recent report from Savings.com reveals a startling trend: 50% of American parents with adult children are providing regular financial support, averaging $1,474 per month. This figure, which has risen to a three-year high,…
When navigating elder law, families often focus on protecting assets, ensuring healthcare coverage, and maintaining an independent quality of life. A lesser-known issue that can significantly impact families—especially those…
On May 9, 2025, Ohio Attorney General Dave Yost certified a proposed constitutional amendment to abolish property taxes by adding Section 14 to Article XII of the Ohio Constitution, as announced by the Ohio Attorney General’s…
A recent study highlighted by NBC Right Now , titled “ Fate worse than death: Many long-term care residents lose all independence, study says ,” paints a grim picture of life in long-term care (LTC) facilities. The headline is…
Estate planning is often delayed until the last possible moment, frequently done on an ad hoc basis- addressing issues as they arise without developing a comprehensive plan. A recent Mississippi case illustrates how such delays…
An executive order to consolidate federal workforce programs could address workforce shortages among senior living and other aging services providers by expanding apprenticeships, according to an article penned by Kimberly…
As we age, the risk of stroke, dementia, and late-life depression threaten our independence, decision-making, and financial health. The consequences of these conditions threaten our families with burden, cost, and concern. These…
As the U.S. population ages, the desire to age in place—remaining in one’s home and community as one grows older—has become a priority for many older adults. According to a recent AARP survey, 77% of adults aged 50 and older want…
The Melhorn exhibit, Preserving Ohio’s Judicial Legacy , honors Judge Calvin Pease’s courageous 1806 decision asserting judicial independence. Visit the Supreme Court of Ohio’s Law Library to explore this landmark moment in Ohio…
A recent article , "Hearing loss linked to nearly one-third of dementia cases in older adults" from McKnights , references a study published on April 17, 2025, in JAMA Otolaryngology-Head & Neck Surgery . Let’s break down the…
On April 8, 2025, a federal judge in Texas struck down a Biden administration rule aimed at establishing minimum staffing requirements for nursing homes that receive Medicare and Medicaid funding. This ruling, issued by U.S.…
Trust decanting is a legal process that allows a trustee to transfer assets from one, usually, irrevocable trust (the original trust) into a new trust with updated or more favorable terms, without requiring court approval or the…
A recent Newsweek article boldly declared: "[o]lder adults who frequently use digital technology may experience slower rates of cognitive decline." The article continues, "sweeping new analysis challenges previous research that…
As an estate planning lawyer, I’ve seen firsthand how our lives are increasingly intertwined with the digital world. From online banking to cherished family photos stored in the cloud, digital assets are a significant part of our…
A Digital Assets Inventory is a comprehensive list of a person’s digital assets, including online accounts (email, social media, banking), digital files (photos, videos, documents), cryptocurrencies, subscriptions, devices, and…
I first wrote about the Ohio Family Trust Company Act (OFTCA), shortly after it was enacted in 2016. The OFTCA allows families to establish Family Trust Companies (FTCs) in Ohio to serve as trustees for their family trusts. This…
An “off-label” trust is not a formal legal term but a useful way to describe trusts that are adapted creatively for purposes beyond their traditional uses. Borrowing the term from prescription medications, where a drug is used…
The digital age has brought, for some, exciting new concepts like “DAOs” and “DAO collectibles,” which might sound technical but are easier to understand than you’d think. These digital assets are different from digital…
The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) is a legal framework developed by the Uniform Law Commission (ULC) to govern fiduciary access to digital assets, addressing the growing need to manage…
Managing Google assets in an estate plan begins with Google. Google offers a voluntary tool called the Inactive Account Manager , which allows users to designate trusted contacts to access their account data under specific…
The growth of Medicare Advantage (MA) plans over the past 15 years- reaching 54% of Medicare beneficiaries by 2024, or roughly 33 million enrollees, is generally attributed to a combination of policy changes, market dynamics, and…
The American Bankers Association (ABA) Foundation's 2025 Survey of State Elder Financial Exploitation Laws offers valuable insights into how financial institutions are navigating the complex terrain of protecting older adults…
In April 2011, Don and Marjorie Peterson (the Petersons) established the Peterson Family Irrevocable Trust (the trust). The Petersons’ daughter was the trustee, and their grandchildren were the beneficiaries. The Petersons’…
According to a recent article in the New York Times , there are issues within the U.S. organ transplant system about which you should be aware if you are a person awaiting an organ transplant, or an intended recipient (the NYT…
Imagine a quiet morning in your own kitchen: the coffee brews on a timer, lights gently brighten to ease you awake, and a soft voice reminds you it's time for your daily walk. If you stumble, a sensor quietly alerts a family…
The following is from a Treasury Department Announcement issued March 2, 2025: The Treasury Department is announcing today that, with respect to the Corporate Transparency Act ("CTA"), not only will it not enforce any penalties…
You can play the video in the embedded viewer by clicking on it, or you can play the full size video in its own window by clicking below (RECOMMENDED): Crypto and Estate Planning: One Man's effort to Recover $800 million in…
You can play the video in the embedded viewer by clicking on it, or you can play the full size video in its own window by clicking below (RECOMMENDED): A Pour-Over Will is Subject to Spousal Claims A recent case provides an…
You can play the video in the embedded viewer by clicking on it, or you can play the video fill size in its own window by clicking below (RECOMMENDED): Planes, Trains, and Automobiles Should Normally Be In Your Revocable Living…
You can press play to watch the video in the article frame, or click here to watch the video in a separate larger and more easily seen frame (much encouraged). In this video, Attorney Donohew discusses a Washington Post…
You can press play to watch the video in the article frame, or you can click here to watch the video in a separate window, full frame (recommended). This video is based in large part on a recent article authored by Professor…
Imagine this all-too-common scenario: A devoted spouse, now in their 80s, becomes the sole caregiver for their partner, who is battling dementia and frailty. The caregiver, overwhelmed but determined to honor what they believe…
You can watch the video in the article frame by pressing the play button, or you can open the video in a separate window for a better viewing experience The estate tax is a tax on the value of a person’s assets and property at…
You can watch the video in this article by pressing play. If you would rather watch the video in a separate window, click here . Funding a trust is the most important first task in implementing the trust. It begins immediately…
The National Council on Aging (NCOA), the national voice for every person's right to age well, is encouraging all individuals with Medicare to evaluate their coverage during this year's Open Enrollment, which runs from October 15…
You can press play on the video, but if you would rather watch the video in a separate tab/window (recommended) click the link below: https://youtu.be/2N0uuRFPngw In this video I discuss violence, threats of violence, and…
ID 106271439 © Dreamstime.com Seniors believe there exists an "urgent need" for affordable social supports to enable successful aging in place, according to a survey conducted by Gallup and West Health , a nonprofit healthcare…
While you can never definitively protect yourself from identity theft, there are steps you can take that make it harder for criminals to access and use your sensitive information. One such step is placing credit freeze requests…
In a rare case in which a nursing home business faced criminal charges over staffing misconduct, two Pennsylvania facilities owned by Comprehensive Healthcare Management Services were recently found guilty of healthcare fraud and…
A typical Trust document will refer to a Trustee (sometimes referred to as an Original or Primary Trustee) and a Successor Trustee. These terms are straight-forward and easily understood by even those who are new to a trust or…
The estate and gift tax exemption amounts will decrease at the end of 2025. Decreasing the exemption amounts is tantamount to an increase in the tax because more people are impacted by the existing tax. Currently, an individual…
A new proposal from the Centers for Medicare & Medicaid Services (CMS) offers to support family, friends, and neighbors who care for frail, ill, and disabled seniors. For the first time, Medicare would pay health care…
The Social Security Administration (SSA) issued a notice in August 2023 announcing its plan to embark "on a multi-year effort to simplify the Supplemental Security Income (SSI) application process." Approximately 8 million people…
The elderly are often vulnerable to punitive home foreclosures. The United States Supreme Court has handed down a decision ruling in favor of an elderly homeowner who lost her real property to a tax foreclosure action. The…
Attorney Virginia Hammerle has penned an excellent article, entitled, " Assuming Risk of DIY Estate Planning ," for the Dallas Morning News, published online at WealthAdvisor . She writes: You can build an airplane all by…
A recent article warns that proposed changes to medical standards regarding end of life determinations mean that, " Comatose People to be Declared Dead for Use as Organ Donors ." The authors are Heidi Klessig, M.D. a retired…
President Joe Biden’s second State of the Union (SOTU) address Tuesday night included mention of the Administration's efforts to make nursing homes safer for seniors. In addition, the White House indicated Monday it intends to…
February 1st is "Conservatorship and Guardianship Abuse Awareness Day," a day to raise awareness about the potential abuses of power that can occur within the guardianship system. Adult guardianship is an intervention, intended…
As bodies age, heart muscles and arteries can change in ways that increase the risk for heart disease. A ccording to the American Heart Association (AHA), a ge should be considered in the diagnosis and treatment of heart disease.…
The Centers for Medicare and Medicaid Services (CMS) issued revised Spousal Impoverishment Standards, Income Caps, and Home Equity Limits for 2023. These standards, caps, and limits govern Medicaid eligibility determinations.…
The Ohio Department of Medicaid (ODM) has finally adopted a change that means retirement accounts will no longer be counted as resources for determining Medicaid eligibility. This means that Ohio law now comports with existing…
Medicare Savings Programs help pay your Medicare costs if you have limited income and savings. Medicare Savings Programs are also called MSPs, Medicare Buy-In programs, or Medicare Premium Payment Programs. There are three main…
Medicaid is a legal system overly concerned with costs, rather than serving the best interest of those in need. Proof of the truth of this characterization comes from an Indiana court decision. An Indiana appeals court recently…
This Blog has addressed in several previous articles the dangers of direct transfer designations such as transfers on death (TOD's) and payable on death (POD's) designations: Beware Direct Transfer Designations (TODs and PODs) ;…
Bill Donohue and Deborah Woolard share the story of their choice to not seek guardianship for their son, Jeremy Woolard Donahue, who has Down Syndrome. Rethinking Guardianship's mission is to promote less restrictive alternatives…
Janie Desmond and Suvya Carroll discuss how they use supported decision-making in their lives as young adults living with intellectual/developmental disabilities. Rethinking Guardianship's mission is to promote less restrictive…
Rep. Jan Schakowsky (D-Ill.) has introduced The Stop Unfair Medicaid Recoveries Act , which would repeal the requirement that states establish a Medicaid estate recovery program and would limit the circumstances in which a state…
The Biden administration on February 28th announced a round of new measures for nursing homes aimed at ensuring adequate care for seniors. Citing how the pandemic "highlighted the tragic impact of substandard conditions at…
Carol Kelly shares the story of her mother, Mary Jane Mann, who was the victim of an inappropriate, predatory guardianship (conservatorship) in California. The video below features scenes from "A Hijacked Life," courtesy of KOVR…
The Centers for Medicare and Medicaid Services (CMS) recently announced that it will add data on staff turnover rates and weekend staffing levels to its Care Compare website, giving consumers another tool when choosing a nursing…
Due to surging inflation, the Internal Revenue Service (IRS) announced that the annual exclusion for 2022 will be $16,000, up from the current $15,000. The rate of inflation hit a 31-year high in October. Shortly thereafter, the…
T he efforts of nursing homes to create and enforce filial responsibility , i.e., hold children financially responsible for a parent's long term care, even where state legislators have not enacted such legislation, is a frequent…
People with disabilities receiving Supplemental Security Income (SSI) and other Social Security benefits will receive the biggest rise in their monthly payments since 1982. The Social Security Administration says that benefits…
The shortage of staff in long-term facilities and home care agencies has gone from a problem to a crisis, according to Howard Gleckman , a fellow at the Urban Institute. Consider the following: Three rural nursing homes in Maine…
Three assisted living facility workers are being prosecuted in the death of 86-year-old, Hazel Place, a resident who suffered from Alzheimer’s disease. Authorities alleged the three left Ms. Place outside in sweltering weather…
A recent Massachusetts land court ruling is instructive regarding the extent to which states will go in attempting to collect resources for Medicaid. Athena and Sotirios Koutoukis hired an attorney to transfer ownership of their…
A Roth IRA is an individual retirement account (IRA) that allows qualified withdrawals on a tax-free basis provided certain conditions are satisfied. Established in 1997, it was named after William Roth, a former Delaware…
The New York Times (NYT) , in a recent front-page Sunday article, " Phony Diagnoses Hide High Rates of Drugging at Nursing Homes ," explores and exposes the use of chemical restraints, including antipsychotic medications, to…
T he efforts of nursing homes to create and enforce filial responsibility, even where state legislators have not enacted such legislation, is a frequent topic of articles on this blog. See, for example, the following: Judge Can…
Skilled nursing admissions are being slowed by both staffing shortages and Medicare Advantage restrictions. According to a recent article in Mcknight's Long-term Care News, the delays are threatening log jams in "hospitals…
Rick Black, addresses the Guardianship Improvement Task Force on August 19, 2021. Rick is a director of the Center for Estate Administration Reform (CEAR). CEAR is a not-for-profit advocate with a mission to educate and seek…
Each year, the Internal Revenue Service (IRS) puts out their “ dirty dozen ” list. This is a list of scams that are so prevalent that the IRS wants everyone to watch out for. The scams fall into four main categories:…
Image Source: Photo 197980721 / Contagion © Dizain777 | Dreamstime.com As the delta variant of Covid-19 races through populations and consumes government and media resources, the Centers for Disease Control and Prevention (CDC)…
T wo senior living caregivers are charged with abuse and exploitation for allegedly stealing a resident’s identity and debit card and then abandoning the resident on the side of the road on a “particularly hot day” in 2019.…
As a result of a recent holding, the State of Massachusetts was ultimately unsuccessful in its effort to exploit a somewhat common term in irrevocable trusts designed for Medicaid and governments benefits planning, and for…
This Blog has reported the threat staffing shortages pose to the long-term institutional care industry , its residents, and its patients. Staffing shortages in the home health care industry present similar threats, both to the…
A Pennsylvania trial court has ruled that the son of a Medicaid applicant must pay an elder law firm’s requested fee for successfully negotiating a penalty period reduction because the son would otherwise be responsible for…
Pet companionship took on new meaning and importance during the pandemic as lock-downs, quarantines, social distancing, and social isolation impacted nearly everyone. For many, life trapped in a home would be unbearable and…
Filial responsibility laws make children legally responsible to support and care for indigent parents. Under these laws, a child's assets are recoverable by the state if a senior receives Medicaid to pay for long-term care, such…
Among the many reasons supporting the decision to age in place is a worsening staff shortage in the long-term care industry. A survey published by the American Health Care Association revealed 94% of long-term care facilities are…
As previously discussed in this blog , nursing homes have devised various schemes to ensure collection of costs from family members of residents, notwithstanding a federal law making it unlawful to hold families contractually…
Assisted living providers continue to face a serious economic crisis in the wake of the pandemic, according to the results of a new survey. A separate survey finds that Americans agree that more needs to be done to support older…
Nursing home residents in socially isolated neighborhoods are at an increased risk of mortality according to findings from a new study published in JAMA . A recent analysis conducted by a Boston-based research team found that…
Nursing home deaths from COVID-19 remain sharply down from their winter peaks, but the declines have now plateaued and more than 800 residents and staff members each month continue to die from the virus, according to an exclusive…
The coronavirus pandemic’s “devastating impact” on nursing homes led to a 32% spike in overall mortality rate among Medicare residents during 2020, according to a new report by the Office of Inspector General. The spike means…
A COVID-19 vaccine administered to nursing home residents in northeast Ohio was less effective in creating an antibody response in them than in a control group of health care workers, according to a Case Western Reserve-led study…
A New Jersey appeals court has ruled that the Medicaid agency properly denied an application on the basis of the applicant failing to "verify" recurring transactions on the applicant’s bank statement even though the transactions…
Celebrity estates often serve as object lessons of how, and how not to, design estate and business plans. The estate of Bing Crosby is widely hailed as instructive in the use of trusts to avoid probate and protect privacy.…
The following is a reprint, for the reader's convenience, of an article published in Today's Caregiver . I thought it a timely topic since there is recent discussion of possible approval of a treatment for Alzheimer's disease,…
Aging in Place Planning should consider and account for all risks, including availability/unavailability of paid health care workers. The Michigan home health care worker shortage is discussed in an article here , and in a…
In rare good news regarding health outcomes in nursing homes, particularly during the pandemic, a recent study found that nearly 40% of nursing homes reported no COVID-19 deaths during 2020. The new study was conducted by NORC at…
COVID-19 may have revealed with horrific and heart-breaking clarity just how deeply is the bias for institutional care in our legal and health care systems. A recent Maryland case, arising from pandemic decision-making, may…
The National Association to STOP Guardian Abuse (NASGA) is an excellent organization, and we often share the organization's blog posts on the firm's Facebook Page . It is rare that the issue of guardianship abuse receives intense…
Aging in Place Planning demands careful attention to the personal social safety net available to a senior. This social safety net, meaning family and friends who are willing, available, and able to help a vulnerable senior, is…
As more than 180,000 of the nation’s long-term care residents and staff died of COVID-19 in a pandemic that has pushed staffs to the limit, advocates for the elderly say a tandem wave of death separate from the virus has quietly…
An Ohio appeals court has ruled that a Medicaid applicant’s land is a countable resource even though the applicant is unable to sell the land. Cowan v. Ohio Dept. Jobs & Family Servs. (Ohio Ct. App., 1st Dist., No. C-200025, May…
Originally named Decoration Day, Memorial Day is a call to remember those servicemen and women who gave their lives in service of the United States of America. The holiday was originally conceived as a solemn day of honor for…
Long-term care facilities are required to report weekly data on COVID-19 vaccination status for both residents and staff under a new interim final rule, putting more pressure on providers to remain transparent with their efforts.…
A "trust protector" is a person or institution appointed by a settlor (a person creating a trust) to protect the trust, or more directly, to protect a vulnerable beneficiary of the trust. The original idea behind the protector…
Laurie Orlov has identified five trends driving the potential of wearable technology for older adults . Orlov is a tech industry veteran, writer, speaker, elder care advocate, and founder of Aging and Health Technology Watch ( an…
A study spanning several countries found that the infrastructure of long-term care has to change drastically to protect residents from health threats like COVID-19, with simulations finding that 31% of coronavirus deaths in…
Traditionally, the creation and funding of a trust to provide for your loved ones upon your passing was motivated primarily by a desire to avoid probate and make the administration easier and private. With the advent of Aging in…
Illustration 217469610 © Adonis1969 | Dreamstime.com Rarely do articles on this blog deal with specific investment options. Recently, however, while speaking with a client, she shared a feeling of helplessness following a meeting…
In the wake of the pandemic, Americans are avoiding nursing homes and other rehabilitation homes for the elderly. Increasingly, Americans are caring for their loved ones in their own homes. This is the assessment of investigative…
Ohio Governor Mike DeWine signed Ohio Senate Bill 57 on April 27, 2021, which becomes effective July 26, 2021. The new law allows an owner of property impacted by COVID-19 or associated state orders to file a special board of…
A common question this year is, "should I name my trust the beneficiary (or contingent beneficiary) of an IRA after passage of the Secure Act?" The Secure Act limits the ability to "stretch" the IRA over the life expectancies of…
Florida Attorney General Ashley Moody has stated "([i]f you move here, if you retire here, if you come to Florida because you want to live out your golden years, we will make sure you can do that free from fraud and abuse." The…
In the wake of COVID-19 isolation concerns in skilled nursing facilities (see, e.g., " Seniors Dying from Isolation Amid Pandemic- One Analysis Suggests Tens of Thousands ," and " Survey Suggests 64% of Residents Don't Leave…
© Cremation Solutions, Inc. 877-365-9474 [email protected] Cremation Solutions , a Vermont company, offers a creative way to memorialize a loved one, in the form of a 3D-printed head-shaped urn that imitates the…
"Springing" powers of attorney are often advocated by those who seek to reduce the dangers of a broader General Durable Power of Attorney instrument. In a "springing" power of attorney, the authority conferred to the agent only…
The SECURE Act became law on January 1, 2020 and made several changes to the rules for retirement accounts. One provision is that non-spouse beneficiaries of IRAs, with a few exceptions, must deplete the account within 10 years…
One of the more common questions clients ask is why they must provide a recorded deed in order to prepare a new deed funding a trust? The question often follows a client forwarding an unsigned deed that a title company provides…
A new study recently found that facilities that started the COVID-19 vaccination process earlier were less likely to have new cases compared to providers who started inoculations weeks later. "Early group" nursing homes had 2.5…
"Aging in Place"- Aging Matters- NPT Reports A person's home may not be suitable for aging in place, and a person's specific needs may make impossible independent living. Aging in Place Planning is NOT myopically focused on the…
New Mexico’s governor recently signed a bill legalizing assisted suicide. T he “Elizabeth Whitefield End of Life Options Act,” is named for a late state district court judge who died of cancer in 2018, and who became an advocate…
Hester Ford, who was the oldest living American, died at 116 surrounded by her loved ones at home, according to her family members. The following is from authors Emma Korynta and Tanya Mendis, writing for KHOU 11 , in Houston,…
The challenges and threats of court-appointed guardianships and conservatorships are often portrayed as impacting predominantly older people with impaired or declining cognitive capacity. The harsh reality is that when a system…
New York Gov. Andrew Cuomo recently signed a bill repealing a state law protecting health care facilities and professionals from COVID-19 related lawsuits. The Emergency or Disaster Treatment Protection Act was enacted in April…
In Dawn Strope-Robinson v. State Farm Fire and Casualty , Dawn became the owner of a home owned by her deceased uncle pursuant to a transfer on death deed. Several days after her uncle’s death, her uncle’s ex-wife intentionally…
Parkinson's disease can and often does cause of cognitive impairment. Memory and cognitive impairment are among the most common nonmotor symptoms of the disease. A new study shows that exercise may help slow cognitive decline in…
The headline of a recent New York Times article posed succinctly the challenge nursing home rating systems present to an unwary public: " Maggots, Rape and Yet Five Stars: How U.S. Ratings of Nursing Homes Mislead the Public ."…
Medicaid rules permit a senior to transfer a home to a child that has establishes residence in the home and provides care necessary to age in place for a two year period. But the question arises, must the caretaker child devote…
A tax break for seniors that all but disappeared last year has resurface this year. This tax break benefits retirees in their 70s and up. These tax breaks are qualified charitable distributions (QCD), "which allow individual…
Everyone knows that winning the lottery can kill you; whether from crime or wanton excess, lottery winning related death is well known. But there are just possibly states of existence worse than death. Marie Holmes, a 26-year-old…
In October 2019, the Trump Administration issued an executive order allowing individuals receiving Social Security benefits to opt out of Medicare Part A coverage (E.O. 13890, Sec. 11). In January 2021, the Biden Administration…
Residents of Ohio’s nursing homes are permitted to place electronic monitoring devices in their rooms. “Esther’s Law” went into effect on March 23, 2022, after passing unanimously through the Ohio House and Senate and being…
After a year of remarkable tragedy in nursing homes, a new analysis of federal COVID-19 data shows a significant drop in resident deaths in the weeks after vaccine clinics began, a trend made even more striking given the…
More than 3,000 heart transplants were performed in the United States last year, according to the federal Organ Procurement Transportation Network (OPTN). These 3,000-plus patients were given the gift of life through the selfless…
Another object lesson regarding the risks of crypto-currency investing comes by way of James Howells, a 35-year-old IT engineer from Wales. Howells accidentally threw out a hard drive on which he had stored 7,500 bitcoins.…
I advise lottery players to consider the implications of winning, and strongly recommend that they retain legal and tax counsel BEFORE collecting winnings. In some states, it is possible to collect lottery winnings through a…
Despite more than 12,000 infection control-related citations issued during the COVID-19 pandemic, most U.S. nursing homes saw no ratings change in updated Five-Star guidance published recently, according to an article in…
The COVID-19 pandemic has swept the nation, killing more than 160,000 residents and staff of nursing homes and other long-term care facilities. The AARP Public Policy Institute, in collaboration with the Scripps Gerontology…
Some long-term care facilities are mandating COVID-19 vaccines among staff. Mandates divide the industry in profound ways, and threaten a myriad of legal challenges. Lauren Clason has penned an excellent article for Congressional…
Celebrity estates create interest in estate planning, and are often object lessons in either poor or exceptional estate planning. The estate of late broadcasting legend Larry King, is no exception. King died of sepsis on January…
While residents of nursing homes and their caregivers have been considered a top priority for COVID-19 vaccination, only 38% of nursing home staff accepted shots when they were offered. This according a survey conducted by the…
Photo 59252501 © Lightboxx | Dreamstime.com A nursing home chain gave its former CEO a $5.2 million “retention payment” at the height of the pandemic drawing a sharp rebuke from Sen. Elizabeth Warren (D-Mass.), who sits on the…
Go Flyease by Nike image used under fair use Nike has announced innovative hands-free shoes called Go Flyease . The CNN article, " Nike Made a Hands-free Shoe and You Have to See it to Believe it ," describes the new shoe:…
The long-term care industry will lose $94 billion over a two-year period as a result of COVID-related costs and revenue losses, according to a new forecast from the nation’s largest nursing home association. The American Health…
As nursing home residents contend with both the effects of the COVID-19 pandemic, and the already dangerous nature of institutional care care resulting from abuse , neglect , and mistakes , critics and advocates are focusing…
New York’s nursing-home death toll from COVID-19 may be more than 50 percent higher than officials claim, because Gov. Andrew Cuomo’s administration hasn’t revealed how many of those residents died in hospitals. This according to…
Survivors of a former North Carolina nursing home resident are suing the facility where she died in what McKnight's Long-term Care News reports "could be a litmus test for the patchwork of liability protections granted to…
The ongoing controversy over the money left behind by Prince when he died without a will is heating up again after Internal Revenue Service calculations showed that executors of the rock star's estate undervalued it by 50…
The State of Florida is investigating allegations that an upscale West Palm Beach nursing home diverted scarce COVID-19 vaccinations meant for residents and staff to members of the facility’s board of directors and donors.…
COVID-19 monoclonal antibodies are now widely available for use by skilled nursing facilities — and early results show promise, according to long-term care pharmacy leaders. Kimberly Marselas , writing for McKnight's Long-term…
A legislative "solution" to surprise billing managed to find it's way into the year-end spending and COVID-19 relief packages. The heretofore elusive ban on surprise billing, ironically, comes as a surprise, albeit one welcome by…
Planning for spouses is particularly tricky when one is acting one behalf of another and the latter is incompetent. Transfer of assets to the healthy healthy spouse by the healthy spouse from the assets of the impaired is…
An Iowa appeals court recently ruled that a trustee of his father’s trust is not liable for interference with a contract when he stopped paying his father’s ex-wife alimony because his duty was to preserve the estate for the…
A Gray Media investigation has blown the lid off of one the nursing home industry’s most guarded secrets—it’s called the Civil Monetary Penalty Reinvestment Fund . Nearly half a billion dollars of federally collected nursing home…
The Rhode Island Lifespan Respite Project at the Rhode Island Office of Healthy Aging implemented a workforce development initiative, CareBreaks, to match student nurses with low to moderate income families who have no access to…
Photo 174795833 © Ljupco | Dreamstime.com Researchers from the University of California, Davis documented in the August issue of JAMDA the impact of Music and Memory SM (M&M), a non-pharmacological intervention, on nursing home…
Nursing homes are proficient in protecting themselves from risk of loss where Medicaid is concerned. Spouses and children of the Medicaid applicants often find themselves being sued to recover for delays in seeking and obtaining…
Nearly two-thirds of nursing home residents do not leave their rooms to socialize anymore since the onset of the coronavirus pandemic, a new survey by healthcare research group Altarum has revealed. In addition, more than 75% of…
Nursing home operators are on high alert for potential rule changes regarding civil monetary penalties (CMP's) after a lawsuit was filed against federal health agencies Sunday that targets a 2017 rule that relaxed CMPs for…
Reversing a lower court, Wyoming’s highest court has ruled that a trustee has authority to sell property in the trust to pay for the settlor’s long-term care even though the trust provided that the property was to be placed in…
Prohibiting visitors to nursing homes has arguably helped limit the spread of COVID-19. But what are the impacts of isolation? For some the impact has been profound. According to a recent Washington Post article ,…
Nursing home operators took limiting in-person contact with residents very seriously after the onset of the coronavirus pandemic. Visits of all kinds fell by 53% between March and April, new findings by SeniorLiving.org research…
It is vitally important that a Medicaid application be completed properly, and that all required information be provided. An Ohio appeals court recently held that a Medicaid applicant who did not provide verification of her…
As COVID-19 continues to ravage nursing homes, the California Supreme Court recently ruled that a state law allowing residents to sue facilities for rights violations limits compensation to $500 regardless of the number of times…
According to an announcemen t made by the Centers for Medicare & Medicaid Services (CMS): "Today, under the leadership of President Trump, the Centers for Medicare & Medicaid Services (CMS) is implementing an unprecedented…
Photo 44168004 © Marco Scisetti | Dreamstime.com "Desperate small business owners seeking cash to keep their businesses alive during the coronavirus pandemic are turning to their families for loans," according to an article…
ID 103943156 © Syda Productions | Dreamstime.com Authority to make decisions regarding disposition of bodily remains, funeral, cremation, and related goods and services is conferred to a person by one of two means. The first is…
As tax time approaches and passes, my clients often wonder why my office is so stressed, given that we prepare no tax returns on behalf of clients. The answer is found in the myriad of questions that clients pose, sometimes at…
Nursing homes with three or more COVID-19 cases will be the first to receive on-site diagnostic test equipment from federal health agencies, starting in regions where infections are spiking. The news was announced Wednesday by…
According to the The Senior Citizens League (TSCL) Weekly Update for Week Ending July 11, 2020 , White House Chief of Staff Mark Meadows announced that President Trump would soon be signing three executive orders regarding…
ID 179769815 © Artur Szczybylo | Dreamstime.com An annuity company sued a customer’s estate for not reporting the death of his wife, which resulted in him receiving larger monthly payments after her death than he was entitled to…
Among the greatest achievements of the Trump Administration is embracing aging in place and home care for seniors under Medicare. The federal bureaucracy has likewise, taken steps toward Aging in Place and home care for seniors,…
ID 59996578 © Oleg Dudko | Dreamstime.com The following is a reprint of an excellent article from Veterans Family Matters and VAGA News: At the end of life, every patient is unique. When a patient with an advanced illness is…
Coronavirus disease 2019 (COVID-19) is particularly destructive to older adults . In addition to the heightened risk of morbidity and mortality, there has been a massive increase in reports of elder abuse during the pandemic.…
On May 18, 2020, Centers for Medicare and Medicaid Services (CMS) released a ten-page Memorandum making recommendations to state and local officials for operation of "Medicare/Medicaid certified long term care facilities…
The following is reprinted from Mcknight's Long-Term Care News : Occupancy at skilled nursing facilities took a hit following the onset of the coronavirus pandemic after showing signs of stabilization for several quarters, new…
Last week, this blog addressed issues arising from stimulus checks issued to the recently deceased. This week, stimulus checks are again a topic, as some nursing homes and assisted living facilities are requesting or requiring…
At least 15 states have granted some lawsuit protection to nursing homes and long-term care facilities as a result of laws or governors’ orders. The move comes as Covid-19 deaths in nursing homes and long-term care facilities…
Several clients have called our office inquiring what to do with stimulus checks for their deceased loved ones. Many of these checks were delivered even thought the IRS knew the person was deceased. Indeed they often have…
A New Jersey appeals court reversed a final Medicaid agency decision that ignored an appraiser’s testimony that the actual value of an applicant’s house was less than the tax assessed value for purposes of imposing a penalty…
A provision in one of the coronavirus relief packages signed into law prevents states from terminating Medicaid benefits during the pandemic. The Families First Coronavirus Response Act (“CV Response Act”), signed into law on…
Medicaid applicant’s irrevocable annuity is not an available resource even though the company issuing the annuity has the authority to change its terms. Cushing v. Jacobs (U.S. Dist. Ct., D.N.J., No. 20-CV-130, March 25, 2020).…
Seniors are now permitted to opt out of Medicare. A little-noticed section of a longer Executive Order on Medicare issued last November by President Trump directed the Secretary of Health and Human Services (HHS) to “revise…
On April 19th, 2020, the Centers for Medicare & Medicaid Services (CMS) announced new regulatory requirements that will require nursing homes to inform residents, their families and representatives of COVID-19 cases in their…
ID 176944992 © Onassisworld | Dreamstime.com The Centers for Medicare and Medicaid Services (CMS) today announced Medicare will nearly double payment for certain lab tests that use high-throughput technologies to rapidly diagnose…
GoodRx , the Californian startup best known for its pharmaceutical-cost-transparency tool, is rolling out a new feature that lets patients compare telemedicine prices and service options, according to an article in Mobihealthnews…
If you are an in-home caregiver the rapid spread of COVID-19 has and will continue to affect how you do your job. The Caregiver Action Network (CAN) has posted some Tips for Family Caregivers. CAN continues to recommend following…
We’re witnessing a phenomenal solidarity of people around the world stepping up during the global emergency of Covid-19. Apparently, cybercriminals waste no time to exploit it to their advantage. The number of coronavirus-themed…
On the heels of the declaration of a national emergency, the Centers for Medicare & Medicaid Services (CMS) is waiving the requirement that Medicare beneficiaries must spend at least three days in a hospital before qualifying for…
Attorney General Barr announced the launch of a National Elder Fraud Hotline , which will provide services to seniors who may be victims of financial fraud. The Hotline will be staffed by experienced case managers who can provide…
There is a significant gap between the number of U.S. adults who want to age in place and those who actually believe they will be able to do so, according to a new national survey The survey was conducted by Edelman Intelligenc e…
OHIO TODDA FORM CAPTURED FREE ONLINE Ohio law allows individuals who want to avoid probate to provide for the automatic transfer of their real property to one or more named beneficiaries using a Transfer on Death Designation…
Assets in a Medicaid applicant’s irrevocable trust are available resources for Medicaid spend down, because the trustee had the discretion to make distributions for the applicant’s health and welfare, according to an Arkansas…
Ocean Atlantic Sotheby’s International Realty authored an excellent article , entitled, The Many Benefits of Aging in a Community , in the Cape Gazette . I am reprinting it in it's entirety (with some links added): "There’s…
The rise in “gray divorce,” or split-ups among couples over the age of 50, is causing an increase in family conflicts and complicating financial and estate planning, according to a survey conducted by TD Wealth , the private…
ID 89103462 © Iakov Filimonov | Dreamstime.com Department of Veterans Affairs (VA) hospitals are undertaking a new effort focused on assuring family members and loved ones caring for veterans are included in treatment. The…
Estate recovery is the authority of a state to recover costs for services rendered under the State Medicaid program upon the Medicaid recipient’s death. A Massachusetts trial court has recently illustrated the limits to estate…
In a fascinating case, both legally and factually, the Wyoming Supreme Court ruled that a trust beneficiary did not state a claim for legal malpractice against the attorney who drafted the trust and acted as trustee, and that the…
The SECURE Act was passed in late December, so the first few weeks of the year brought significant discussion about what it means, what it accomplishes, and how it effects estate and financial plans. Fleming and Curti, PLC, in…
According to McKnight's Long-term Care News , nursing homes may soon have access to a newly developed tool that can accurately predict the life expectancy of dementia patients. Care providers are well aware of the importance of…
A New Jersey appeals court has held that the caregiver exemption does not apply to a Medicaid applicant who could not document that her condition required her daughter to care for her for a full two years before she entered a…
The Trump administration filed an emergency appeal January 12, 2020, that asks the Supreme Court for permission to implement rules that would make it easier for the government to deny immigrants residency or admission to the U.S.…
Among the many reasons to plan to age in place is abuse that visits residents at nursing homes. According to McKnights Long-term Care News , abuse deficiencies cited in nursing homes more than doubled in four years, increasing…
CMS has posted a document that articulates key information about the current Hospice Comprehensive Assessment Measure. This "one pager" provides a visual depiction that helps providers, seniors, their families, and caregivers,…
Nursing home providers are opposing proposed national legislation that would require skilled nursing facilities to meet minimum staffing requirements, and in New Hampshire are looking to amend a newly effective state law that…
Guardianship, the legal process of taking away an adult’s rights to make life decisions, is intended to protect vulnerable people from neglect and abuse. The good intention, however, is often unrealized as institutional health…
Security Systems News reports that ADT , a leading security, automation and smart home solutions provider serving residential and business customers, has partnered with Senior Helpers , a provider of in-home senior care, and will…
An Ohio appeals court has ruled that a Medicaid applicant's real property may be counted as excess resources even though the applicant was unable to sell the property. Communicare v. Ohio Department of Job and Family Services…
This Blog generally does not include cases regarding domestic relations, excepting, of course the occasional predatory marriage case. Nonetheless, a case involving grandparents going to extremes to attain custody of a grandchild…
"Comfort clauses" in an irrevocable trust are dangerous, and can undermine the objectives of the trust . A New York appeals court provides another object lesson in the dangers of such planning, ruling that a Medicaid applicant's…
Most seniors and senior caregivers believe that discharge from a hospital into a skilled nursing facility (SNF) is just another natural and obvious step on the road to rehabilitation and recovery, with the hope of heading home on…
Medication concerns are among the most common to cause people to consider or choose institutional care. Failure to manage medication properly can lead to negative outcomes, disability, and loss of life. The concerns are well…
General security risks are inherent with institutional care. One species of concern regards the safety of residents from sexual assaults . Sexual assaults and rape continue to plague nursing homes. A recent case in San Diego,…
ID 108749319 © Leowolfert | Dreamstime.com Wearables are devices that hang around your neck, are strapped to your wrist like a watch, or are affix edin any fashion to your body or clothing. These may collect and assemble data for…
Daily coinsurance rates for seniors in skilled nursing facilities will be rising next year. The Centers for Medicare & Medicaid Services on Friday announced the 2020 premiums, deductibles and coinsurance amounts for the Medicare…
As part of National Family Caregivers Month, we want to remind everyone that VA's Caregiver Support Line assistance is just a quick phone call away. Whether you are in need of immediate assistance or have questions about what…
The Federal Trade Commission (FTC) recently sent a report to Congress, Protecting Older Consumers 2018-2019: A Report of the Federal Trade Commission . The FTC "conducts research and analysis, publishes information about patterns…
While the VA honors and celebrates caregivers who selflessly provide care to ill, injured, or disabled Veterans, year-round, November is National Family Caregivers Month . The theme for 2019 is “ #BeCareCurious . ” Many Veterans…
According to McKnight's Long-term Care News , "skilled nursing operators have a new tool in their marketing kits to portray themselves as worthy providers of good clinical care." According to McKnight's : Residents with…
Medicare Open Enrollment Period, October 15th through December 7th , can pay off in significant savings and/or significant additional benefits. Medicare Fall Open Enrollment Period is the time you can join, switch, or make other…
The Senior Veterans Service Alliance is kind to publish the following summary of benefits available to senior veterans through the Veterans Administration: Non-Service Connected Disability Benefits Veterans who served during a…
A single decade means transformative change in the world of technology, particularly as regards health and aging in place. In 2008 AARP examined technology use of the 65+ population . The iPhone had just been released in June of…
Families for Better Care ("FBC"), recently published its state-by-state nursing home report card . Missouri received a near failing "D" grade, ranking thirty-ninth (39th) among the fifty states. The only bright news is that…
When planning to Age in Place, folks must be aware of the causes of guardianship if they hope to have any chance of preventing abusive guardianships. Hospitals are increasingly the source of guardianship referrals, and many are…
Today, the Trump Administration and the Centers for Medicare and Medicaid Services (CMS) announced a major enhancement of the information available to nursing home residents, families, and caregivers on the Agency’s Nursing Home…
Medicare Open Enrollment begins on October 15, 2019, and ends on December 7, 2019. Ahead of Medicare Open Enrollment, the Centers for Medicare & Medicaid Services (CMS), announced that, on average, Medicare Advantage premiums in…
Health Affairs has published an excellent article describing the financial challenges imposed by the existing Medicare system for those planning to Age in Place, and making excellent suggestions for legislative changes to support…
The Veterans Legacy Memorial is the first digital platform dedicated entirely to memory preservation for the 3.7 million Veterans interred in VA national cemeteries. Each Veteran has or will have memorial page. Search the site…
ID 112050146 © Vladislav Kochelaevskiy | Dreamstime.com McKnight's Senior Living recently published an article with the headline, "Report Predicts 39 Million Robot Shipments A Year By 2024." A new report from ABI Research…
Increasing blood pressure medications when older patients are discharged from the hospital may also increase falling, fainting or kidney injury risks, according to a new study reported by a recent article in McKnight's Long-term…
More than 1.3 million Medicare observation stay claims could be appealed if a class-action lawsuit filed against the Department of Health and Human Services is successful. The lawsuit challenges a rule that requires an individual…
The Kaiser Family Foundation recently released new findings about what coverage new Medicare enrollees choose. This information is important in understanding what beneficiaries want from their coverage, and may shed insight into…
The RAISE Family Caregiver Act, which became law in January 2018 , was created to support the development and execution of a national family caregiving strategy through the convening of a Family Caregiving Advisory Council. On…
Effective October 16, 2019, recording fees for most documents will increase by $6.00 due to the passage of HB 166 by the Ohio Legislature, which modifies Ohio Revised Code §§ 317.32 and 317.36, per the Ohio Recorders Association…
T he U.S. Department of Health and Human Services (HHS) Office of Inspector General has issued a fraud alert warning that free DNA tests are being sent and offered to seniors in a sophisticated scheme to commit fraud and identity…
Families for Better Care ("FBC"), recently published its state-by-state nursing home report card . Ohio received a near failing "D" grade, ranking fortieth among the fifty states. The current ranking represents a decrease in…
ID 28485115 © Luckydoor | Dreamstime.com According to an article in McKnight's Long-term Care News , nursing home occupancy had its first year-over-year increase since January 2015, reaching 83.7% in the first quarter of 2019.…
"Patients have always had a preference for 'aging in place;' being cared for in the comfort and familiarity of their homes and communities. But for providers, bringing consistent, high-quality care to a patient’s home—and getting…
An Ohio appeals court has ruled that the state has priority over a nursing home in a claim for Medicaid recovery against the estate of a nursing home resident even though the state did not file a lien against the resident's…
A new survey from Chubb finds that the majority of homeowners are underestimating the likelihood of disability, especially during retirement years, and the impact it can have on their everyday life. Despite the fact that the…
Even in the absence of filial responsibility laws, nursing homes have employed an array of legal actions against resident family members for unpaid nursing home bills, and state courts have, by and large, accommodated the nursing…
ID 108096044 © Designer491 | Dreamstime.com A new law, commonly referred to as HB 595, has made significant changes to Ohio probate law that could affect your will or trust. The law is far-reaching, and contains much more…
For the second consecutive year, family conflict is considered by professionals as the leading threat to estate planning. The three greatest threats to estate planning are family conflict, market volatility, and tax reform. These…
ID 124552162 © Designer491 | Dreamstime.com Numerous states are considering proposals to create a long-term care insurance programs, many funded by a payroll tax. Washington may be the first to actually enact a plan. Both the…
Aging in Place as a discreet planning objective is well justified and documented. Recent improvements to government reporting of data regarding quality of care at nursing homes, while welcome, only underscore the benefits of…
ID 7402634 © Yanik Chauvin | Dreamstime.com Filial responsibility laws make family members legally responsible for the financial support of other indigent family members. The statutes can require children to pay for the long term…
ID 89566710 © Ocskay Mark | Dreamstime.com Among the reasons suggesting Aging in Place as a discreet objective of any estate and financial plan is security. Most people find their homes well secured and safe. Further, home…
ID 133050929 © Nikki Zalewski | Dreamstime.com A new tool being developed by British researchers lets people test themselves for dementia. The new tool is promising and shows some initial success. The test, called “Test Your…
Physicians employed full-time at a nursing home reduced prescriptions significantly, while community physicians tended to do the opposite, a new study finds. The information provided by the study, and more, the insights the study…
The Nursing Home Compare website and Five-Star Quality Rating System were created to help consumers, their families, and caregivers compare nursing homes and identify areas of possible inquiry when considering and comparing…
"Karie" organizes, schedules, and dispenses pills. This picture is subject to copyright of AceAge Inc., but is used without permission under the "fair use" doctrine that permits use for educational purposes I often tell clients…
A major Canadian cryptocurrency exchange is in the spotlight following the sudden death of its founder, Gerald Cotten, which has left customers unable to access $190 million in funds. The 30-year-old founder of QuadrigaCX died in…
ID 106271439 © motortion | Dreamstime.com Accepting the risks of the current health care system, for seniors, their families, and caregivers, often includes accepting the risks of referral to a nursing home after Medicare…
ID 90690664 © ibreakstock | Dreamstime.com For those who implement an "Aging in Place" plan, hospice plays an integral part in the planning. First, hospice care is "person-centered care" of the type and kind those who seek to…
ID 60197185 © Julia Sudnitskaya | Dreamstime.com Although federal legislation closed the doughnut hole for brand-name drugs in 2019, because Medicare has no spending limit for prescription medications in Part D, its drug benefit,…
ID 90690664 © ibreakstock | Dreamstime.com For those who implement an "Aging in Place" plan, hospice care plays an integral part in the planning. First, hospice care is "person-centered care" of the type and kind those who seek…
The Centers for Disease Control and Prevention (CDC) are warning nursing homes and assisted living facilities to be on the lookout for a rapidly spreading, drug-resistant disease, reports McKnight's Long Term Care News . New…
Senior's Are Embracing Technology to Solve Problems and Obtain Goods and Services To view the post on Facebook, go here .
ID 115389578 © Maksim Prochan | Dreamstime.com For many, passing religious beliefs and values to the next generation is just as important as passing along financial wealth and tangible assets; for others, passing faith and values…
For transfer tax purposes, the IRS has released guidance confirming that taxpayers can make large gifts from 2018-2025 (when the expanded $11.4 million-per person transfer tax exemption is in place) without fear of any kind of…
ID 84890539 © Designer491 | Dreamstime.com The IRS announced on March 27, 2019 that the “responsible party” on applications for an employer identification number (EIN) must now be a natural person. Individuals named as…
Person-centered care (PCC) is an approach to health care that puts personal values and preferences of the patient at the forefront of decision-making. Improving healthcare safety, quality, and coordination, as well as quality of…
State survey agencies ("State agencies") are required to verify that nursing homes have corrected identified deficiencies, such as the failure to provide necessary care and services, before certifying that the nursing homes are…
ID 117955757 © Patcharin Saenlakon | Dreamstime.com Laizer Kornwasser, writing for HomeCare Magazine , reminds that although technology can improve health outcomes, human hands are still needed. In his article entitled, The…
Care.com pledges to “help families make informed hiring decisions." The company, however, undertakes only a "preliminary screening," of referred caregivers, leaving the heavy lifting up to the families themselves, sometimes with…
ID 130219425 © Skypixel | Dreamstime.com If you thought that the current opioid crisis is relegated primarily to younger people, you are sadly mistaken. According to an article in McKnight's Long-Term Care News , Emergency room…
On March 7, 2019, the U.S. Department of Justice ("DOJ") announced the largest U.S. elder fraud sweep in a detailed press release entitled, Justice Department Coordinates Largest-Ever Nationwide Elder Fraud Sweep . A related…
ID 69022089 © Rawpixelimages | Dreamstime.com A new article , published by the Institute of Family Studies , authored by Professors Naomi Cahn and Amy Zietlow, The Sandwich Generation on Wheels: Tips for Long-Distance Family…
An alarming study contends that Skilled Nursing Facilities (SNFs) may be pushing dying patients into unnecessary and potentially harmful high-intensity rehabilitation services. The study suggests that nursing homes may be…
Respite is planned or emergency care provided to a child or adult with special needs in order to provide temporary relief to family caregivers who are caring for that child or adult. The ARCH National Respite Network and Resource…
ID 78697343 © Robert Kneschke | Dreamstime.com About 25 million Americans who are aging in place rely on help from other people and devices, such as canes, raised toilets or shower seats, to perform essential daily activities,…
The U.S. Court of Appeals for the Federal Circuit has ruled that the presumption of service connection for certain diseases for veterans who served in Vietnam applies to so-called "blue water" veterans - those who served on ships…
ID 128262054 © Amnat Boonjaem | Dreamstime.com Among the many risks inherent to institutional care are those associated with transport. The most recent illustration comes as a result of the State of Rhode Island switching to a…
Consensual sexual encounters are normal and expected in everyday life, and so they are commonplace even in long-term care facilities. Navigating the nuances of nursing home resident sexual encounters is, however, extremely…
Centers for Medicare & Medicaid Services (CMS) is considering possible changes to Nursing Home Compare to better capture patient safety concerns, according to an article in McKnight's Long-Term Care News . The current comparison…
It is tragic that humans find more and unique ways to harm each other. From an article published in McKnight's Long Term Care News , we learn that an Illinois continuing care retirement community (CCRC) fired a certified nursing…
The Trump Administration announced a broad array of changes to Medicare Advantage plans last week in hopes the changes will further pressure providers to improve senior care. Centers for Medicare & Medicaid Services (CMS)…
ID 105448442 © Zerbor | Dreamstime.com A new law in Ohio is designed, in part, to protect people under court-appointed guardians. House Bill 595, signed into law Dec. 21 by outgoing Gov. John Kasich, among other things, allows…
Pennsylvania has implemented a Guardianship Tracking System (GTS), a new web-based system for guardians, court staff, Orphans’ Court clerks and judges to file, manage, track and submit reports. The system integrates statewide…
A Missouri court of appeals has ruled that a Medicaid applicant is subject to a penalty period based on his wife's transfer on death of his interest in property to a revocable trust. Hallam v. Missouri Department of Social…
Click here to see the Facebook post with a link to the article. Click here to proceed directly to the Consumer Affairs article.
Click here to see the facebook post , with a link to the article. Click here to proceed directly to the Wall Street Journal article.
Elder fraud is an immense, complicated, and imposing problem, with implications for every aspect of a person's estate, financial, health care, and long term care plan. Effective aging in place planning and post retirement…
ID 27960544 © Monkey Business Images | Dreamstime.com In the United States today, children are increasingly being reared and even formally adopted by family members—most often, their grandparents. Many of these grandparents have…
According to Senior Housing News , the assisted living industry is changing from a hospitality-based model to one incorporating more health care options to allow seniors to "age in place ." The shift in operational strategy comes…
Scientists at the University of Texas, Southwestern have created a DNA vaccine for Alzheimer’s . It’s thought that the formulation could decrease cases by half. The vaccine utilizes DNA from Alzheimer’s proteins, from which the…
Jeremy Jojola, investigative reporter for Denver KUSA/9NEWS , has published a heart-wrenching story uncovering a horrifying, but all-too-common, practice of family caregivers abandoning seniors suffering from dementia by…
The standard measure for capturing quality at nursing homes does not paint an accurate picture of patient safety, and changes are needed to aid residents in their decision making, reports an article in McKnight's Long-term Care…
Kaiser Health News recently published a story about Ronni Bennett, a popular blogger who writes about aging, a blog aptly entitled " Time Goes By- What its Really Like to Get Old . " The story highlight's Ms. Bennet's decision to…
Cryptocurrency and blockchain technology are approaching mainstream, with more people appreciating the unique investment attributes of Bitcoin and other cryptocurrencies. Advisers and owners, however, should be aware of the…
Although natural disasters are uncommon, like fires, blackouts, domestic and workplace violence, terrorism, and disease outbreaks, they are a foreseeable risk. One hopes that particularly institutions responsible for caring for…
The Administration for Community Living ("ACL) announced the launch of its newly redesigned Eldercare Locator website. Located online at eldercare.acl.gov , the updated website makes it easier for older adults and their…
Older adults who reside in for-profit nursing homes are nearly twice as likely to have health problems linked to poor care than those in nonprofit nursing homes and those who live in private homes. This is the conclusion of newly…
McKnight's Long Term Care News reports that the federal government has released new data on the quality of care delivered in skilled nursing facilities. Centers for Medicare & Medicaid (CMS) added five brand new quality-related…
S ome Medicare Advantage Plan (hereafter simply "Plan") issuers are quietly and carefully adding home-based and community-based long-term care (LTC) benefits for 2019, a ccording to Allison Bell , ThinkAdvisor's insurance editor…
On October 12, 2018, the Centers for Medicare & Medicaid Services (CMS) released the 2019 premiums, deductibles, and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part B Premiums/Deductibles Medicare…
The Social Security Administration (SSA) has released the 2019 benefit changes. Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2017 through the third quarter of 2018, Social Security and…
There is increasing evidence that either (1) utilization of nursing homes is rapidly diminishing, or (2) utilization of nursing homes has reached saturation, and competition is closing less competitive operations. One would like…
A Connecticut appeals court has held that a nursing home resident's conservator owes a duty of care to the nursing home to timely apply for Medicaid on behalf of the resident. Bloomfield Health Care Center of Connecticut, LLC v.…
A new survey of wealthy seniors suggests that many of nursing homes’ potential residents would prefer to receive long-term care at home, and would be willing to pay their own family members for it. That’s according to responses…
[The following article is penned by Jennifer Novak, Senior Writer and Training Specialist for Military Family Projects and reprinted with permission of USAA] Babies on the Homefront is so much more than messaging—it’s designed to…
In 2016, Congress passed a law known as the Combat-Injured Veterans Tax Fairness Act . The law entitles more than 133,000 injured veterans to tax refunds as far back as 1991. The objective of the law is to ensure that veterans…
A guardian can sell a Medicaid recipient's house even though the mortgage loan was in default, because the mortgage company had not foreclosed on the property and it was in the recipient's best interest to sell the property and…
McKnight's Long Term Care News , reports the results of a new survey of wealthy seniors which suggests that many of nursing homes’ potential residents would prefer to receive long-term care at home, and would be willing to pay…
According to an Alzheimer's Association press release , the Association is launching an innovative pilot program aimed at enhancing the care people living with Alzheimer’s and other forms of dementia receive in assisted living…
The Veteran's Administration has published new rules regarding Aid and Attendance eligibility . These rule changes were long anticipated , but now become effective October 18, 2018, thirty days after publication which occurred on…
Christine Benz , Morningstar's director of personal finance, has penned an excellent article regarding long term care. In it, she collects the most fascinating array of statistics regarding long-term care, caregiving, and the…
The Center for Retirement Research at Boston College has released an issue brief entitled, " Modernizing Social Security: Caregiver Credits . " The brief opens with the following statement of the challenge presented by recent…
A U.S. district court has ruled that the purchaser of a long-term care insurance policy may sue for breach of contract the insurance company that failed to notify the purchaser's son, as required in the contract, that the policy…
The National Center for Law & Elder Rights (NCLER) has released a fact sheet explaining a new law that allows consumers to place freezes on their credit information for free. The fact sheet, entitled " New Law Provides Free…
Put YOU back in your plan! Good news is on the horizon for seniors and their families hoping to Age in Place, i.e., avoid unnecessary institutional care. There is evidence the underlying health care system is reforming to embrace…
Houser, Ari, " The Future of Home Care ," CSA Journal (Vol.1, 2018) pp. 33-37.
According to an article published in McKnight's Long Term Care News , first-ever studies are bringing new revelations about Alzheimer's Disease. The studies were released as the Alzheimer's Association hosts its 2018…
Chris Orestis, executive vice president of GWG Life , has penned an excellent article for The Independent : "More than 70 percent of Americans over the age of 65 will need long-term health care services, according to the U.S.…
In June, the Trump administration embarked on a basic change to Medicaid that for the first time evaluates states based on the health of millions of Americans and the services they use through the vast public insurance program…
It is rare that a single case admits the existence of the morass of laws and regulations frustrating "Aging in Place" as a discreet planning objective. It is rarer still that a judge carefully outlines just how these laws and…
Buzz Aldrin: en.wikipedia.com Astronaut Buzz Aldrin is fighting an attempt by two of his three children to place him under involuntary court-appointed guardianship, according to the Washington Post . The eighty-eight year old,…
Nursing homes often develop a tense relationship with the fiduciaries that represent their residents' interests. Trustees, guardians, and agents (attorneys-in-fact) should be aware that a nursing home, or any other institution,…
The financial and non-financial impact of dementia is undeniable, but is most tangibly recognizable in its tragic elimination of life savings. It is vital that everyone involved in planning for seniors recognize and appreciate…
Starting in 2019, Medicare Advantage plans can cover adult day care services, and in-home help with activities such as dressing, bathing and managing medications, a top Trump administration official said Wednesday, according to…
On April 13, President Trump signed the Strengthening Protections for Social Security Beneficiaries Act of 2018 . The law directs state Protection & Advocacy (P&A) system organizations to conduct all periodic onsite reviews along…
Congress recently passed bipartisan legislation to help families locate missing loved ones with Alzheimer’s disease, autism and related conditions. Kevin and Avonte’s Law (S. 2070), named in honor of two boys with autism who…
The Pew Research Center has posted a new report indicating that more adults are sharing a home with other adults with whom they are not romantically involved. This arrangement, which Pew identifies as “doubling up” or shared…
According to a special editorial published in the Akron Legal News , proposed state legislation may make General Durable Powers of Attorney (POAs) more effective, by prohibiting third parties such as banks, insurance companies,…
The Supreme Judicial Court of Massachusetts ruled in favor of a reverse mortgage lender in a foreclosure case earlier this month, finding that mortgagees don’t have to explicitly spell out their legal right to foreclose in their…
The budget deal signed into law by President Trump on February 9, 2018 permanently and retroactively restored protection of personal injury recoveries from State claims. Under the new law, States can only make claims against the…
A U.S. court of appeals has ruled that a long-term care insurance company breached its contract with a policyholder who purchased a "Reduced-Pay at 65" policy when it raised her premiums after age 65. Newman v. Metropolitan Life…
The News section of the National POLST Paradigm posted the following article : "The Progression of End-of-Life Wishes and Concordance with End-of-Life Care,” a brief report authored by Jennifer Hopping-Winn, LCSW, Juliette…
According to the Long Term Care Community Coalition (LTCCC) and the Center for Medicare Advocacy (CMA), "assisted living is viewed by seniors and their families as a desirable option for residential care when an individual wishes…
The U.S. Congress recently passed, and President Trump signed, the " Recognize, Assist, Include, Support and Engage (RAISE) Family Caregivers Act. ” The RAISE Act aims to help relatives and partners who provide medical, household…
An increasing number of people will experience dementia. Worldwide, the number of people living with dementia is projected to increase from 47 million in 2015 to 132 million by 2050 . Family members and clinicians are often…
A Kaiser Health News analysis of nursing home financial records revealed that nearly three-quarters of all nursing homes in the U.S. are owned by people who also have vested interest in companies that in turn sell services and…
FINRA , the Financial Industry Regulatory Authority, Inc. (a private corporation that acts as a self-regulatory organization (SRO)). has released a series of questions and answers designed specifically to address elder financial…
Nursing homes have devised numerous strategies to legally seek reimbursement from residents' family members in light of federal and state laws prohibiting them f rom demanding that family members personally guarantee payment of a…
"Aging in Place" as a discreet estate planning objective requires knowledge, planning, and proper assessment of risks. One persistent risk is the health care system's incentivizing institutional care. Another risk is that of…
More than ever, workers are continuing to work into their 70s and beyond. The general rules governing retirement accounts require nearly every individual account owner to begin taking Required Minimum Distributions (RMDs) by…
From McKnight's Long Term Care News : complaints filed against nursing homes between and including the years 2011 and 2015 were up by a third, according to a federal report. In 2011, there were 47,279 complaints, which had risen…
New evidence suggests a link between overwork staffs in nursing facilities and the inappropriate use of psychotropic and antiphsychotic medications. Dutch researchers recently reported the results of a new study designed to…
McKnight's Long Term Care News reports : The death toll from the Florida skilled nurs ing facility that lost its air conditioning following Hurricane Irma rose to nine residents on Tuesday, as the provider geared up for a legal…
There are 40 million family caregivers in the United States helping with everyday activities and personal tasks ranging from bathing, dressing, wound care and medication management to transportation and finance. The “typical”…
The Centers for Medicare and Medicaid Services (CMS), sets the federal standards for nursing homes and determines whether they are in compliance based on inspections performed primarily by state health departments. States license…
Attorney John M. Goralka has written an excellent article for Kiplinger , entitled, Philip Seymour Hoffman’s $12 Million Estate Planning Mistake. The article teases, "A few moves could have saved the loved ones of actor Philip…
According to an article by Jordan Rau , writing for Kaiser Health News ("KHN"),nursing home companies have begun selling their own private Medicare insurance policies. Pledging close coordination between caregivers and…
Can a trust be reformed to add beneficiaries where the trust as originally drafted fails to include beneficiaries? According to a recent Florida trust case, a trust can be reformed to add a residual beneficiary clause. In…
McKnight's reports on the case of Leticia Gallarzo, 42, who posed as a registered nurse at three skilled nursing facilities and two hospitals even though she had no medical training, using the name and registered nursing license…
A trio of Michigan cases have invalidated the use of Irrevocable Sole Benefit Trusts in Medicaid planning for marital couples. A Michigan appeals court has held that assets placed in an irrevocable trust by a Medicaid recipient's…
Maryland has repealed its little-used filial responsibility law. Maryland's filial responsibility law provided that adult children are obligated to financially support an indigent parent with basic needs such as food, care,…
Legionnaires' disease tends to be more common and deadly within post-acute care facilities than others — and providers need to do more to reduce the risk to residents. Researchers with the Centers for Disease Control and…
Although many factors are considered in the determination of eligibility for Veterans Administration (VA) benefits, one of the most important factors is assembly and production of the medical evidence. Karen McIntyre, R.N., and a…
Do-not-hospitalize (DNH) orders help reduce the number of hospital stays and emergency department visits for nursing home residents, but they are used by a relatively small portion of the population, according to a new study…
Summit County Probate Court Judge Elinore Marsh Stormer has released a new video titled "Guardianship: As your Special Needs Child Becomes An Adult," to help parents of developmentally disabled children make decisions about their…
Researchers have traced a n outbreak of Burkholderia cepacia , also called B. cepacia, at skilled nursing facilities (SNFs) spanning five states to contaminated saline flushes. B. cepacia poses little medical risk to healthy…
Over just the last two years, tens of thousands of universal life policyholders have been hit with double-digit premium increases from companies such as Axa Equitable, Voya Financial, and Transamerica. Universal life is a…
When state and federal agencies proclaim support for aging in place and home based care, there is reason to doubt their resolve. A recent example can be found courtesy of a court case against the Oregon Department of Human…
May is Older Americans month . The Administration for Community Living (ACL) has a website dedicated to older Americans month. The theme for 2017 is Age Out Loud . Need ideas for events? ACL offers that here . Helpful hints for…
Those of us who regularly work with and for the elderly are painfully aware of pervasive latent ageism that often adversely impacts decision-making concerning them. Dr. Val Jones has penned an excellent article in the blog,…
Warning of the challenges created by state filial responsibility laws, Jamie Hopkins, co-director of the New York Life Center for Retirement Income at the American College of Financial Services, has penned an excellent article…
If you are planning to Age in Place, you should not rely upon direct transfer designations, like POD's (payable on death designations) and TOD's (transfer on death designations), or simple beneficiary designations as a primary…
A BMO Wealth Management survey finds 52% of adults have no will, 40% of parents have not discussed estate intentions with children, and only 28% of adults know their parents' legacy wishes. For those who have an estate plan in…
Infringing on the autonomy of Medicare patients to seek quality care is paying off in massive dollar savings for the federal government. This blog previously reported on the controversial sign-off rule that prevents Medicare…
The results of a new study underscore the importance of advanced directives and health care proxies in routine estate and health care planning. The researchers concluded that the ability of medical professionals to understand and…
I recently discussed with an estate planner the advisability of using a “pocket deed” to fund a revocable trust. A pocket deed is a deed that is signed during a person’s life, but "pocketed," that is, not recorded, until after…
Clients have heard me say many times that the long term care insurance industry is the canary struggling in the mine pointing to greater complications with the current health care system's reliance upon skilled nursing facilities…
The Summit County Probate Court is seeking gently used clothing for indigent wards of the court in long-term care facilities. The Probate Court will collect gently used, clean clothing from April 17 through May 19 during court…
Nursing home residents are among the nation's most vulnerable. Many suffer from illness, disabilities, Alzheimer’s or dementia, mobility limitations, and speech or hearing impairments. They are often weak, fragile, and unable to…
A recent study illustrates yet another reason that consumers should plan to "Age in Place," and avoid unnecessary and avoidable institutional care. The incidence of facial injuries suffered by nursing home residents may be…
Ohio publishes a handy fact sheet for Adult Protective Services. For a directory of County agencies, go here .
Among the growing number of tools and resources aiding consumers to "age in place" is "pre-hospice." Kaiser Health News recently published an encouraging article, Pre-Hospice" Saves Money By Keeping People At Home Near The End Of…
An intriguing article, " Purging the body of 'retired' cells could reverse ageing , " published in the Guardian , reconsiders the question: "Can aging be stopped and or reversed? The articles suggest that recent scientific…
Among the inherent risks of institutional care is transport error. An object lesson comes in the recent story of an Illinois man who was dropped off at an intersection nearly ten 10 miles from the nursing home where he was…
Aging in Place continues to be supported by scientific research and surveys. The most recent research demonstrates that patients who go straight home from the hospital following hip or knee replacement surgery recover as well as,…
As the consequences of institutional health care for the elderly come to light, so do the consequences to those who work in the institutional elderly care industry. This blog has not before focused on the plight of workers in the…
Although it is difficult for seniors to plan for their final years, it is foreseeable that a senior may confront some health care issues. According to an article in Kaiser Health News , "A Playbook For Managing Problems In The…
On Jan. 6, the IRS announced that executors, probate courts, state tax departments, and others who rely on estate tax closing letters for confirmation that the IRS has closed its examination of an estate tax return can rely on an…
Courts continue to protect family members of nursing home residents from efforts by institutions to hold family members personally responsible for residents' expense. These actions are becoming more prevalent as States tighten…
The headline alone is nauseating. " SICK, DYING AND RAPED IN AMERICA'S NURSING HOMES ," screams the headline of the recent CNN report detailing the incidence of sexual assaults in America's nursing homes, and the indifference of…
Congress is considering making it harder to qualify for Medicaid if a community spouse has an annuity. The change is part of an effort to close what Congress considers "loopholes" in Medicaid law . The proposed bill aims to…
McKnight's has reported that a Georgia hospital discharged and transported a patient to a nursing home 300 miles away, resulting in a lawsuit filed by the patient's sister. Johnny Lee Bryant was admitted to Doctors Hospital in…
Falls remain by far the leading cause of injuries among adults age 65 and older in the U.S, according to the Centers for Disease Control and Prevention (CDC) . The January Newsletter of Worst Pills Best Pills includes an…
The Special Needs Trust Fairness Act , federal legislation that allows people with disabilities to create their own special needs trusts instead of having to rely on others, is now law. The measure was included in the 21st…
McKnight's Long Term Care News reports that psychotropic drugs, including antipsychotics and antidepressants, increase the risk of falls among nursing home residents, according to a recently published study. Previous research…
An Ohio appeals court has ruled that a Medicaid applicant did not transfer assets for less than fair market value even though he sold property at below the appraised price because the sale was an arms-length transaction. Lawrence…
McKnight's has published an excellent and illuminating editorial regarding how some seniors who need institutional care are routinely frustrated in seeking and obtaining care by the very institutions themselves. The editorial…
Making your home more accessible for your long term care needs may soon be incentivized by a $30,000 tax credit. Rep. Patrick Murphy, D-Fla., recently introduced H.R. 5254 , entitled, “Senior Accessible Housing Act,” which would…
The Department of Health and Human Services (HHS) won't be able to push off litigation over its overwhelming backlog of Medicare appeals, a federal court ruled on Monday. The HHS had asked the Court to stay the litigation, which…
A U.S. district court has recently ruled that there is evidence that Medicare has a policy of routinely upholding denials of home health services at the first two levels of review. Sherman v. Burwell (U.S. Dist. Ct., D. Conn.,…
The $7.3 trillion IRA market is the largest and fastest-growing segment of the U.S. retirement market. The Department of Labor’s (DOL) new conflict of interest rule will, however, impose greater scrutiny and complexity on the…
Nina A. Kohn, Associate Dean for Research, David M. Levy, Professor of Law at the Syracuse University College of Law, and Catheryn Koss, Founder and former Executive Director of the Senior Law Resource Center, have written an…
The most important document in your estate plan is the document appointing a health care proxy. In Ohio and in Missouri this document is called a Durable Powers of Attorney for Health Care. A health care proxy is a legal document…
In what appears to be a first of it's kind decision, a New York trial court has entered a judgment against a woman who refused to contribute to her spouse’s nursing home expenses, finding that because she had adequate resources…
A Massachusetts nursing home chose not to report the death of a resident because of “bad press” garnered by its parent company, according to an article published in McKnight's . The death occurred at Braemoor Health Center in…
When counseling clients regarding estate planning designed to protect assets and decision-making, among the most insidious risks are those arising from discrimination. Many clients are unaccustomed to considering ageism, and many…
The Centers for Medicare and Medicaid Services (CMS) recently published the much-anticipated Overall Hospital Quality Star Ratings , which will help consumers make decisions regarding competing health care institutions. The…
According to McKnight's , an Illinois nursing home has been cited and fined $25,000 after nursing staff failed to follow an advance directive regarding cardiopulmonary resuscitation, resulting in the death of a resident. The…
The National Guardian Life Insurance Co. is starting to market EssentialLTC, a new stand-alone long-term care insurance policy. The Madison, Wisconsin-based life insurer is the first insurer to enter the U.S. market for…
If planning for long-term care involves Medicaid eligibility planning, the applicant must turn over ownership and control of assets. Otherwise, the assets will be countable, and the applicant will be ineligible for Medicaid. A…
There is a troubling shortage of health care professionals specializing in treating and caring for the elderly, according to an article published in Kaiser Health News . This shortage includes geriatricians, physicians who…
Nursing homes and state departments of Medicaid will become more proficient in developing and implementing techniques to pursue assets in resource recovery over time. Accordingly, planning techniques must be more, not less,…
A Google Consumer survey by USLegalWills.com suggests that previous surveys may have under-reported the number of Americans without a Will, by not including those who have a Will that is out-of-date. The survey reported that 63%…
When I counsel clients regarding irrevocable trusts, clients often discuss the possibility of provisions giving them more control over the trust. Many have attended seminars where they are told that a "safety valve" can permit…
On June 14, 2016 Governor Kasich signed House Bill 229, which allows an Ohio family to establish its own trust company to serve as trustee for its family trusts. The Act gives wealthy and ultra-wealthy families another way to…
Ohio Attorney General Mike DeWine recently issued a press release warning of phone scams targeting Ohio grandparents following an increase in complaints: "In the past month, 11 Ohioans have reported losing an average of $3,800 to…
Philly.com published the most recent warning: Children May have to Foot Bill for Indigent Parents' Care . The author writes: Remember when Mom and Dad bailed you out on that overdue bill? Now, it may be your turn. More than half…
An effective Aging-in-Place strategy will include, as a last resort, identification, consideration and communication of standards used in selecting institutional care. So many folks assume they have an effective Aging-in-Place…
[Preface: The articles on this blog normally avoid direct political commentary. Those who are friends on my personal facebook page sometimes must tolerate occasional political commentary. A friend, for whom I have great respect,…
The problem with a Simple Will is that it is simple. Simple means quick, easy, and, of course, inexpensive. But, as with all professional services, one gets what one pays for. Attorneys typically spend little time crafting or…
The Massachusetts Court of Appeals recently ruled that the state Medicaid agency erred when it determined that the assets in an irrevocable income-only trust were countable because, in the agency's opinion, the trustee's ability…
McKnight's reports the results of a new study which reveals that at least one in five seniors living in nursing homes has experienced some sort of resident-on-resident abuse: Researchers tracked reports of resident-to-resident…
McKnight's reported recently the results of a new survey which finds that paramedics often receive little direction from nurses or medical records when handling end-of-life situations at nursing homes. Results published in the…
Disability providers are getting extra leeway as the Obama administration moves forward with a new rule that many worried could force service cuts for people with special needs. The U.S. Department of Labor said this week that…
Michelle Andrews, from Kaiser Health News , has penned an excellent article explaining why many adult children should execute health care powers of attorney and a HIPAA release in favor of a parent or parents. The article,…
An Ohio appeals court recently ruled that a deceased Medicaid recipient's life estate does not extinguish at death for the purposes of Medicaid estate recovery. Accordingly, the state may place a lien on the property after the…
McKnight's reports that the owner of a Texas hospice company has come under fire for allegedly encouraging employees to overdose patients and hasten their death in order to avoid the federal reimbursement cap for hospice stays.…
Emily Mongan , Staff Writer for McKnight's , citing a recent study, warns that one in six seniors are ingesting prescription or over-the-counter drugs and dietary supplements, with potentially deadly results Researchers at the…
Medicare patients who received hospice care in a nursing home setting were less likely to be visited by professional staff in the last two days of life, according to a new study. The study, published online in JAMA Internal…
The Social Security Administration posted a warning on its blog about a scam involving phishing. According to the post, the scam begins with an email misrepresenting itself as a government-sponsored program "protecting" consumers…
Filial responsibility laws often lead family chaos to spill-over into the legal system. A recent Pennsylvania case, involving a claim by one child against his brother and sister illustrates the ensuing chaos, and the case does…
[The following is reprinted from my former newsletter, Your Estate Matters .] A recent case from Tennessee illustrates the dangers inherent in using "pocket deeds." Pocket deeds are executed during the owner's life, but recorded…
The Centers for Medicare and Medicaid has announced the Medicare premiums, deductibles, and coinsurances for 2016. As expected, for the third year in a row the standard Medicare Part B premium that most recipients pay will hold…
A New York appeals court held that a continuing care retirement community (CCRC) resident is required to spend the assets disclosed in the CCRC’s admission agreement on nursing home care before applying for Medicaid. Good Shepard…
President Obama has signed the Bipartisan Budget Act of 2015 which includes important changes to the Social Security retirement system. Among these changes are Rules that are designed to close "unintended loopholes" in the Social…
A narrowly divided Ohio Supreme Court has ruled that the transfer of a home between spouses prior to Medicaid eligibility is an improper transfer and is subject to the community spouse resource allowance (CSRA) cap. Estate of…
A Canadian study reported by McKnight's concludes that for-profit long-term care facilities have significantly higher rates of mortality and hospital admissions than their not-for-profit counterparts. The study noted that while…
For just the third time in 40 years, millions of Social Security recipients, disabled veterans and federal retirees can expect no increase in benefits next year. By law, the annual cost-of-living adjustment, "COLA," is based on a…
Lou-Ellen Barkan , President and CEO of the New York City Chapter of the Alzheimer’s Association, writing in the Huffington Post Blog , makes a very poignant observation: "in the absence of an effective therapy for [Alzheimer's…
A New York appeals court recently held that a nursing home is eligible for the undue hardship exception to a Medicaid penalty period, even though the home had not filed to, or threatened to evict her, because she was insolvent…
A Canadian survey has revealed that older adults living in long-term care facilities are more than twice as likely as their peers living at home to suffer a fracture. New guidelines endorsed by the Scientific Advisory Council of…
A Federal District Court has ruled that the Federal Nursing Home Reform Act, which among other things requires the provision of certain services to each resident, does not create a private cause of action. The Act is most widely…
A California appeals court has ruled that an 85-year-old man is not a protected elder under the state’s financial elder abuse law because he does not reside in California. Galt v. Wells Fargo Bank, N.A . , (Cal. Ct. App., 2 nd…
McKight's reports that a group of senators urged the Centers for Medicare & Medicaid Services (CMS) to ban arbitration clauses inserted into nursing home admission contracts, because they do not adequately protect residents'…
Coalition for Quality Care (CQC), along with Coalition member Voices for Quality Care , have conducted a new analysis of federal inspection records of nursing homes collected by the Center for Medicare and Medicaid Services…
A U.S. district court has affirmed a bankruptcy court's decision that a man cannot prevent the discharge of his brother's debt owed to their mother's assisted living facility under Pennsylvania's filial responsibility law because…
Another revelation supporting the wisdom of an Aging-in-Place philosophy: Healthcare personnel working in long-term care settings have the lowest rate of influenza vaccine coverage according to the Centers for Disease Control and…
When describing the anomalous decisions, rules, and results arising from Medicaid law, I often find myself explaining particular outcomes as another illustration of the "no good deed goes unpunished rule." Of course, there is no…
The Columbus Dispatch, in a series of articles culminating in last Sunday's article “Abused and Ignored,” detailed heartbreaking examples of young people being abused and prostituted by family members, and contained shocking…
The Vera Institute of Justice has launched the first national website aimed at curbing abuse of people with disabilities. The Vera Institute said people with disabilities are "victimized at alarming rates," and are three times…
A recent case illustrates that seniors, their families, and caregivers should not rely upon institutions or the state to plan for their care; the results are often unpredictable and damaging. A New York trial court has held that…
Just in case you missed it, please go here .
In another setback for the State of Ohio Department of Medicaid, a federal district court has ruled that applicants for an assisted living Medicaid waiver program in Ohio are entitled to retroactive benefits. Price v. Medicaid…
Scanning electron micrograph of human neutrophil ingesting MRSA The Centers for Disease Control ( CDC) believes that skilled nursing facilities (SNFs) need to improve their relationships with antibiotic experts and find leaders…
The continuing, enduring theme of this blog is that seniors, their families, and caregivers should plan their affairs, plan for for their care, and plan for the use and disposition of assets, consciously refusing to rely upon (or…
Consumers have one more tool available to help in making informed health and long term care decisions. The website Yelp , which is perhaps best known for publishing crowd-sourced reviews about local businesses, is adding…
Making a will without the help of a qualified attorney can be dangerous. Trying to change an existing will on your own can fail or have unintended consequences . A recent court decision in Minnesota serves as a cautionary…
"You can learn a lot about people from their wills. You can see who was happily married and who was disappointed in their families. You can see who prized brevity and who parceled out every item as if handled by a loquacious…
The State of Ohio Department of Medicaid has a unique arrogance interpreting federal law without regard to its meaning or intent. As a result, the Sixth Circuit Court of Appeals was recently forced to hold that a state's…
Kerry Young, a reporter for Congressional Quarterly Roll Call , penned an article," Hospital Transfer Review in CMS Nursing Home Rule Draws Flack , that exposes a controversial new rule with far reaching implications for those…
Attorneys so often counsel clients not to maintain and hold joint accounts for convenience with persons other than a spouse. In another object lesson why joint accounts can create legal problems, a Pennsylvania trial court has…
The Third Circuit Court of Appeals has ruled that a Medicaid applicants' short-term annuities are not resources even though the terms of the annuities were less than the annuitants' life expectancies. Zahner v. Secretary…
A narrowly divided Ohio Supreme Court has ruled that the transfer of a home between spouses prior to Medicaid eligibility is an improper transfer and is subject to the community spouse resource allowance (CSRA) cap. Estate of…
Home-care workers won the right to overtime pay and the minimum wage after a U.S. court Friday upheld a Labor Department rule that was challenged by business groups. The Obama administration said the decision by the U.S. Court of…
Attorneys Sasha A. Klein, and Mark R. Parthemer have written an excellent article, published in GPSolo , a publication of the American Bar Association, explaining how current law does not provide adequate protection of digital…
The Youngstown Vindicator, in reporting upon an on-going investigation into county corruption, discovered that ex-county Probate Court Judge Mark Belinky, convicted last year of tampering with government records, admitted to "…
August 14 marked the 80th anniversary of the Social Security Act. Acting Commissioner Carolyn W. Colvin announced the launch of the agency's event-filled celebration , with many activities leading up to this date. President…
Medicaid is constantly reviewing and updating its policies, but many beneficiaries find that it is comparatively rare for Medicaid to update its policies in a way that is truly beneficial to them. Often, “updates” simply make…
President Obama has signed a new law intended to prevent Medicare beneficiaries from spending days in a hospital only to find that they hadn’t been admitted to the hospital at all – they were only under “observation.” This is…
According to Mark Miller , writing for RetirerementRevised , "retirees are facing a double-whammy next year: no inflation adjustment in their Social Security benefits and a whopping 52 percent jump in certain Medicare premiums."…
We've all been warned about protecting ourselves from identity theft, but one group of victims can't take action to protect themselves—the dead. Identity thieves steal the identities of more than 2 million deceased Americans a…
Where are your advance directives? Are they up-to date? A recent article in the New York Times highlights two major problems with advance directives: 1) the existence of these legal documents is often not known about by medical…
A recent Nebraska case illustrates how difficult it can be to predict the outcome of aggressive last-minute planning. In what is possibly a divorce for purposes of Medicaid protection, the domestic relations court ordered a…
An Illinois case illustrates why seniors, their families, and caregivers simply cannot entrust their best interests to institutions. An Illinois appeals court rules that Medicaid does not cover a Medicaid-eligible nursing home…
There are three types of special needs trusts: first-party special needs trusts, third-party special needs trusts, and pooled trusts. All three are designed to manage resources for a person with special needs so that the…
Private Care Agreements must be drafted carefully, and the compensation rates provided within must conform to the law. An example of what can happen when they are not, comes in from New Jersey, where an appeals court ruled that…
The IRS has issued proposed regulations implementing Sec. 529A, which authorizes states to offer specially designed tax-favored accounts for the disabled (ABLE accounts). Sec. 529A was added by the Achieving a Better Life…
The State of Pennsylvania is racking up victories supporting the use of filial responsibility in resource recovery of Medicaid benefits. Future courts will likely point to the Second Circuit Court's decision in Eades v. Kennedy,…
Responding to criticism from advocates that the Social Security Administration (SSA) was unfairly refusing to allow court-established (d)(4)(A) trusts to qualify as exempt resources for Supplemental Security Income (SSI)…
A recent case underscores the importance of seeking and obtaining legal advice when dealing with Medicaid resource recovery. A Michigan appeals court has ruled that a Medicaid recipient's estate cannot avoid estate recovery by…
A New Jersey appeals court has held that a Medicaid applicant's penalty period cannot be modified unless all the assets transferred during the look-back period are returned. C.C. v. Division of Medical Assistance and Health…
Symptoms of depression are less common in the spouses of hospice residents when compared to families where hospice was not involved, a recent study suggests. Investigators at Mount Sinai's Icahn School of Medicine in New York…
The jury acquitted the 78-year-old retired farmer and former state legislator of sex-abuse charge in a case that captured international attention . To read my prior post regarding and including a background of this case, click…
The United States Department of Justice has launched the Elder Justice Website , as part of the Elder Justice Initiative designed to provide a coordinated federal response by emphasizing various public health and social service…
Special Needs Trusts (SNT's) are generally designed to prevent beneficiaries from losing their Medicaid and Social Security eligibility. These trusts are not without challenges and possible disadvantages. I n resolving Social…
Well-crafted estate plans consider and attempt to resolve issues arising from incapacity and incompetency. Many estate plans are crafted to avoid or prevent guardianship. A recent New Jersey case illustrates why these concerns…
Estate planning is a discipline that requires periodic consideration and reconsideration of your circumstances as they change. When the estate plan involves a trust or other entity, contracts and agreements that are assets of…
Henry Rayhons, is accused of having sexual relations with his wife at a nursing home when she was unable to give consent due to Alzheimer's disease. He's charged with one count of felony sexual abuse. Donna Lou Rayhons’ dementia…
Extra Help is a federal program that helps people with limited incomes to pay the costs associated with Medicare prescription drug coverage (Medicare Part D). Extra Help is administered by the Social Security Administration. To…
An 84-year-old Cleveland attorney is accused of stealing $115,000 from the estate of a client, and using the money to pay his bills. Gerald Cooper is charged in federal court with wire fraud for stealing from the estate of Henry…
Nursing homes have almost unlimited authority to refuse to readmit a resident following a hospitalization. This was demonstrated recently in an Illinois appeals court case which ruled that a nursing home resident who entered a…
Life estates are frequently used by seniors to gift real property to family members because the seniors are assured that the retained life estate secures their use and enjoyment of the property for the remainder of their life.…
In its response to the Department of Veterans Affairs’ proposed regulations that would establish a look-back period and asset transfer penalties for pension claimants, the National Academy of Elder Law Attorneys’ ( NAELA ) raises…
Victor Rizzolo and Barbara Jones divorced when Mr. Rizzolo was 84 years old. The court ordered Mr. Rizzolo to pay Ms. Jones alimony. Five years later, Mr. Rizzolo's health began to fail, so he moved in with son, who hired a…
You might think that the top priority of the broker or financial adviser managing your retirement funds is to maximize your returns, but that’s not always the case. Some steer their clients to bad retirement investments with high…
As more people consider retiring abroad, questions arise regarding how an overseas retirement will affect long-term care insurance benefits. If you are planning to relocate out of the country and want to purchase or already have…
Scientists have found that non-invasive ultrasound technology can be used to treat Alzheimer's disease and restore memory. Researchers discovered that the innovative drug-free approach breaks apart the neurotoxic amyloid plaques…
The estate of a prominent art collector has sued the attorney who drafted the art collector's will for legal malpractice. The lawsuit, filed in the New York Supreme Court, claims the attorney's error will cost the estate $25…
Continuing Care Retirement Communities (CCRCs) sound like a great idea, and in many ways they are. They offer residents access to the entire residential continuum -- from independent housing to assisted living to round-the-clock…
A Kentucky appeals court recently held that a daughter who signed a nursing home's financial agreement in her capacity as trustee of her mother's irrevocable trust has authority to bind her mother to the agreement. King v. Butler…
Consumer advocacy groups are denouncing the U.S. Department of Housing and Urban Development’s (HUD) latest attempt to protect the spouses of reverse mortgage holders from being forced out of their homes when the mortgage holder…
A U.S. bankruptcy court determined recently that, at least under New Jersey law, an inherited IRA is not part of the bankruptcy estate, notwithstanding the recent U.S. Supreme Court ruling in Clark v. Rameker . In re: Andolino ,…
Early-onset Alzheimer's disease , occurring in people age 30 to 60, is rare but complicated. People living with early-onset Alzheimer’s (like Julianne Moore’s character in the movie “Still Alice”) may face particular challenges…
The Department of Veterans Affairs (VA) is proposing regulations that would establish an asset limit, a look-back period and asset transfer penalties for claimants applying for VA needs-based benefits. Currently, there is no…
Medicaid law provides special protections for the spouse of a Medicaid applicant to ensure the spouse has the minimum support needed to continue to live in the community while the the Medicaid recipient receives long-term care…
Medicaid compliant annuities are useful tools in long-term care planning for many married clients. A married couple typically purchases a Medicaid compliant annuity if the two spouses are in unequal health positions to ensure…
Estate planning will always involve consideration of life insurance. Life insurance can, among other objectives, create liquidity to pay estate taxes and settlement expenses, replace lost income for spouses and dependents, and…
From Sarah Klein , Senior Editor, Health and Fitness, for the Huffington Post; While science has yet to pinpoint the exact cause of autism, a new study reveals that the brains of people with the disorder share a common pattern of…
An alleged physical altercation between a New York nursing home aide and a resident has reportedly resulted in the resident's death. Cherrylee Young, 41, now faces negligent homicide charges and is scheduled to appear before a…
Forty-four organizations, including the Medicare Rights Center , urged the Department of Health and Human Services, the Department of Labor and the Social Security Administration to implement a system for notifying individuals…
Sara Wolff (center) calling on Congress to allow disabled Americans to save and still receive benefits like Social Security Disability Insurance payments and Medicaid The following is a reprint from the blog of Michael Morris ,…
Hasbro, Inc., creator of Mr. Potato Head , Play-Doh, Monopoly, and Connect 4 , is releasing a series of online videos and other tools to help children with disabilities effectively engage with both toys and other children. The…
Download Percentage of County Population Age 65 and Over with a Disability: 2008-2012 Nearly 40 percent of people age 65 and older had at least one disability, according to a U.S. Census Bureau report that covered the period 2008…
Long-term care facilities are required to recognize certain same-sex marriages in order to participate in Medicare and Medicaid under a recently proposed rule. The rule would also apply to hospices and other types of providers…
Being asked to serve as the trustee of the trust of a family member is a great honor. It means that the family member trusts your judgment and is willing to put the welfare of the beneficiary or beneficiaries in your hands. But…
According to a study recently reported in McNight's , patients who go to a skilled nursing facility after being hospitalized for chronic obstructive pulmonary disease (COPD) are about twice as likely to die within a year: "The…
A bankruptcy court has ruled that a man does not have standing to prevent the discharge of his brother's debt owed to their mother's assisted living facility under the state's filial responsibility law. In re: Skinner (Bankr. E.…
The rate of nursing home infections increased during a recent five-year period, with especially dramatic surges in multi-drug resistant organisms and viral hepatitis, according to recently published findings from Columbia…
In the recent Frank Aragona Trust case, 142 T.C. No. 9 (2014), the US Tax Court reached a taxpayer favorable decision, one that benefits trusts that materially participate in real estate business activities. For years, the IRS…
The following is an excerpt from an article entitled, " Tom Clancy Estate In Family Fight Due To Poor Estate Planning ," published at the Probate Lawyer Blog : The Tom Clancy Estate has been valued, based on probate court…
An elderly Pennsylvania husband and wife are being asked to pay their deceased adult son's medical bills under a law making family members responsible for a loved one's unpaid bills. The case is a reminder that such “filial…
Many people believe that if they give away an amount equal to the annual gift tax exclusion – currently $14,000 to any one individual – this gift will be exempted from Medicaid’s five-year look-back at transfers that could…
Many people are aware that, in many states, a guardian can file for dissolution of a marriage of a ward from the spouse's ward. See, e.g ., Illinois Permits Guardian Authority to Petition for Termination of a Ward's Marriage . It…
Sara Wolff (center) is calling on Congress to allow disabled Americans to save and still receive benefits like Social Security Disability Insurance payments and Medicaid. Many families struggle with planning for the future of a…
Oct. 15 marks the start of Medicare's seven-week annual election period, when current beneficiaries can add, drop or switch prescription-drug plans and make other coverage changes. In Medicare, individuals must choose one of two…
Gregg Easterbrook, contributing editor of The Atlantic has penned an excellent and thought-provoking article in What Happens When We All Live to 100? (the pictures accompanying the article are equally excellent): For millennia,…
I just received my annual "thanks" for supporting the Salvation Army. Your compassionate support is providing struggling families with food, clothing, shelter and much-needed hope. Thank you! You are having a tremendous impact in…
A federal regulation scheduled to go into effect on January 1, 2015, could force employers to pay previously exempt caregivers the federal minimum wage and time-and-a-half for overtime. While this may seem like a good deal for…
Medicare has increased the amount of mental health coverage beneficiaries are entitled to. After years of unequal treatment, Medicare now covers mental health care the same way it covers physical illnesses. Previously, Medicare…
Roth IRA's may sound like a great idea for passing wealth to family members—the funds essentially can grow tax-free over your lifetime and theirs. But, before you rush to convert all or part of a traditional retirement account to…
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both programs provide health coverage, but Medi care is an “entitlement” program, meaning that everyone who reaches age 65 and is…
Tim Mullaney , staff writer for McKnight's , posted the following article : Nursing homes administer largely pointless and potentially harmful drugs to a majority of residents with advanced dementia, according to findings in JAMA…
A new federal rule has taken effect aimed at protecting certain spouses of reverse mortgage holders from being forced out of their homes when the mortgage holder dies. Borrowers must be 62 years or older to qualify for a reverse…
Even though Medicare is now covering skilled care for beneficiaries who are not improving, many are still being denied coverage, according to Judith Stein, director of the Center for Medicare Advocacy. Stein told Reuters…
Many seniors consider transferring assets for estate and long-term care planning purposes, or just to help out children and grandchildren. Gifts and transfers to a planning trust often make a lot of sense. They can save money in…
Many people, including seniors, view joint ownership of investment and bank accounts as a cheap and easy way to avoid probate since joint property passes automatically to the joint owner at death. Joint ownership can also be an…
Los Angeles Angels of Anaheim designated hitter Albert Pujols is one of the greatest sluggers in baseball. In April, he hit home run number 500 , putting him in some elite company. And as the 2014 season has progressed, Pujols…
According to Jeff Terkowitz , senior manager with Avalere , between 2009 and 2012 – the most recent year for which CMS has released comprehensive Medicare data – there was an increase in the average number of SNFs that received a…
DRGs were first developed at Yale University in 1975 for the purpose of grouping together patients with similar treatments and conditions for comparative studies. On October 1, 1983, DRGs were adopted by Medicare as a basis of…
According to an article published in McNight's Long Term Care News , seniors are completing advance directives in record numbers, but this is not having the expected effect of shifting people from hospitals to hospices in their…
According to an article in McNight's Long Term Care News , granting more authority to nurse practitioners (NPs) can help reduce hospitalization of skilled nursing facility residents. The article reports the results of studies…
A new report ranks states on the quality and accessibility of their long-term care services and concludes there is a lot of room for improvement. The 2014 State Long-Term Services and Supports Scorecard finds that quality of care…
Alliance for Health Reform One of the most difficult decisions in long-term care planning is whether to purchase long-term care insurance (LTCI) and which of the wide variety of products to purchase. On the one hand LTCI premiums…
Proper planning for single seniors includes protecting the estate from control by third parties. A recent case illustrates how difficult it can be to protect a loved one from finacial abuse. Frank Calcaterra was in his 80s in…
Following an outcry from patient advocates, the Centers for Medicare and Medicaid Services (CMS) has revised earlier guidance that required hospice patients covered by Medicare Part D plans to get prior authorization of all their…
Does federal Medicaid law allow the unlimited transfer of assets between spouses after one spouse is institutionalized, but before Medicaid eligibility is determined? The answer to that question will greatly impact planning…
Regardless of your position on the Affordable Health Care Act, it is at one time both fascinating, and troubling, to witness the scope and pace of the major transformations taking place in the medical system. The transition to…
The Idaho Supreme Court has ruled that the state may recover Medicaid benefits from the entire value of a property that a Medicaid recipient transferred to his daughter while retaining a life estate for himself. In re Estate of…
A New York trial court has held that a nursing home is entitled to summary judgment on an unjust enrichment claim against a former resident who did not pay for care, but the court denied summary judgment on a breach of contract…
Reed performing at the Hop Farm Festival in Kent , 2011 http://en.wikipedia.org/wiki/Lou_Reed Danielle and Andy Mayoras wonder, in an article written for Crain's Wealth , why Lou Reed, late lead singer and guitarist of The Velvet…
A new U.S. Government Accountability Office (GAO) report examining Medicaid planning strategies finds that that only 14 percent of Medicaid applicants had more than $100,000 in total resources and that only 5 percent transferred…
A New York housing court has ruled that a 72-year-old man may evict his son and his son’s girlfriend from his apartment because of the man’s fear of elder abuse. Huggins v Randolph (N.Y. Civ. Ct., Kings Cty., No. 91343/13, July…
The Social Security Administration (SSA) recently instituted a nationally uniform procedure for review of special needs trusts for Supplemental Security Income (SSI) eligibility, routing all applications that feature trusts…
The Georgia Supreme Court recently issued an opinion regarding the requirement that an annuity purchased by a Medicaid applicant must name the state as a remainder beneficiary. The opinion, though, is instructive as much for its…
A California appeals court has ruled that the heir of an estate who sold her interest in her mother’s house to her brother is liable to the state for reimbursement of her mother’s Medicaid expenses. Estate of Mays (Cal. App., 3d,…
More and more families are hiring private-duty caregivers, meaning that an increasing number are facing a new dilemma – how to deal with the payroll, tax, and labor law aspects of household employment. While everyone wants to…
In a unanimous opinion, the U.S. Supreme Court has ruled that funds held in an inherited individual retirement account (IRA) are not exempt from creditors in a bankruptcy proceeding because they are not retirement funds. Clark v.…
Have you been officially asked to manage someone else's money? For example, have you been named as an agent under a power of attorney or appointed trustee of a trust? As our society ages, more and more people are being asked to…
When you need someone else to care for money or property on your behalf, that person (or organization) is called a fiduciary . A fiduciary is a person or entity entrusted with the power to act for someone else, and this power…
A New York trial court upheld a Medicaid agency's finding that an applicant's Social Security and pension benefits should be included in the applicant's available income even though the court had ruled in a guardianship…
A financial arbitration panel has ordered a subsidiary of John Hancock Financial Network to pay nearly $1.6 million to an elderly California couple and the estate of their now-deceased mother. The sum includes a $454,000 award…
To spare Medicare Part D insurance companies the risk of initially paying for prescriptions they don't have to cover, the Centers for Medicare and Medicaid Services (CMS) has designed a protocol that forces dying Medicare…
Even though Medicare is now covering skilled care for beneficiaries who are not improving, many are still being denied coverage, according to Judith Stein, director of the Center for Medicare Advocacy. Stein told Reuters…
A New Jersey appeals court holds that transfers made from a Medicaid applicant to her daughter pursuant to a care agreement were not made in exchange for fair market value. P.W. v. Division of Medical Assistance and Health…
New Jersey's highest court has ruled that an admissions agreement signed by a nursing home resident's daughter did not violate federal law because it did not require the daughter to use personal funds to pay for her mother's…
A U.S. bankruptcy court refused to discharge an Ohio woman's debt to a nursing home for the cost of her grandmother's care, finding there exist questions regarding whether the woman knew a gift she had received from her…
If you suspect a deceased loved one has a life insurance policy that you cannot locate, there is a service through the Ohio Department of Insurance (ODI) that can assist in identifying and locating the policy. ODI’s missing life…
One little-known Social Security retirement benefits rule is the so-called “do-over rule.” Under this rule, an individual 62 years or older can start collecting benefits but stop the benefits within 12 months of the start, repay…
Listening to religious music helps seniors increase their life satisfaction and self-esteem, and decreases anxiety around death, according to new analysis published in the Journal of Gerontology. M usic also helped seniors…
For many Medicaid applicants, individual retirement accounts (IRAs) are one of their biggest assets. If you do not plan properly, IRAs can count as an available asset and affect Medicaid eligibility. Medicaid applicants can have…
Three former nursing home aides face prison time for stealing residents' identities and conning the government. The Georgia women obtained residents' personal identification information from the nursing home where they worked as…
One common objective of estate and financial plans is the avoidance of institutionalization. Most folks prefer home care, or "aging in place" rather than institutional care. Aside from the obvious perceived benefits in the…
A Texas appeals court upholds the conviction of an agent under a power of attorney who transferred funds to himself, supposedly to qualify his former grandmother-in-law for Medicaid. In an earlier proceeding, a jury sentenced the…
The IRS has just released an analysis of estate tax returns filed by wealthy decedents in recent years. The analysis spans the years 2003 to 2012, during which time the estate tax filing threshold gradually rose from $1 million…
When one member of a couple moves to a nursing home, it is not uncommon for families to expect that spouse will be the first to die, and then plan accordingly. Such short-sighted planning fails to consider what happens if a…
Seemingly simple decisions can cause unexpected difficulty administering an estate. Among these is the decision whether to utilize an attorney or accountant to file for and obtain a taxpayer identification number (TIN) for a…
The 7th Annual NHDD is April 16th, 2014 Dying nursing home residents who have dementia display significantly less fear and anxiety if they have a written advance directive in place, according to recently published research…
3D Facebook logo posted by jomblo3 on February 26, 2014 at HDWalling Facebook is a registered trademark, logo, and name with all rights reserved to Facebook, Inc., or its licensors Facebook recently announced changes that will…
The General Durable Power of Attorney (GDPOA) has a mixed reputation, judging by articles in financial magazines and newspapers. Some tout it as a powerful tool, whose broad and sweeping grant of authority to another can well…
President Obama's proposed budget for fiscal year 2015 includes several important tax changes, some of which would, if adopted, impact many estate, financial, and business succession plans. Most of the proposals that appear in…
Photograph by: Chalmers Butterfield A federal study has found that about one-third of nursing home residents receiving skilled care were harmed by the treatment in the facility. The study, conducted by the Department of Health…
According to the most recent VA demographic report, there is an estimated U.S. veterans population of over 21 million, with approximately 2 million being WWII veterans. Of the total population, approximately 322,000 of these…
President Obama announced a new retirement savings program for people who do not currently have an employer-sponsored plan during his 2014 State of the Union message . The new investment product, called myRA, is a starter savings…
Sometimes Medicare will decide that a particular treatment or service is not covered and will deny a beneficiary's claim. Many of these decisions are highly subjective and involve determining, for example, what is "medically and…
Bailey House, Somers Hamlet Historic District in Somers, NY, USA Increasingly, several generations of American families are living together. According to a Pew Research Center analysis of U.S. Census data, more than 50 million…
Property of Darrellksr From Wikimedia Commons If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a "no-contest clause" in your estate planning documents. A…
Medicaid uses a "look-back" period in determining Medicaid eligibility. Medicaid, unlike Medicare, is a means-tested program, which means that you are only eligible for it if you do not have sufficient means, or have very few…
North Dakota is apparently utilizing its filial responsibility statute in allocating long term care liabilities. North Dakota's highest court recently held that a nursing home resident's sale of property to his son should be set…
April 15 th is approaching and it is time to begin crossing T's and dotting I's in preparation for paying taxes. As tax time draws near, you want to make sure you file all the proper forms and take all deductions you're entitled…
"It is special to see yourself like this." Because Who is Perfect? This blog has never before provided a link to a video. This is the first. It is a truly inspiring video urging identification with those suffering disabilities. A…
While Medicare covers a wealth of preventive and medically necessary doctor's visits and procedures, there are some common medical services Medicare don't cover or covers only under specific circumstances. "Medicare doesn't cover…
A healthy 55-year-old man can expect to pay $925 annually for $164,000 in current long-term care insurance benefits, according to the 2014 Long-Term Care Insurance Price Index , an annual report from the American Association for…
The federal government has tightened the rules regarding reverse mortgages, making it harder for some seniors to get these types of mortgages and reducing the amount of their home’s value that they can tap. The new rules are an…
A fear that the government will seize their house after they die is causing some people to not sign up for expanded Medicaid under the Affordable Care Act (ACA). A long-standing provision in Medicaid law allows states to recoup…
The Centers for Medicare & Medicaid Services (CMS) has released the 2014 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep and the limit on how much a home can be worth for its…
UC Irvine's Center of Excellence on Elder Abuse and Neglect - committed to eliminating abuse of the elderly The Federal Government has issued new guidelines aimed to help banks understand how to report suspected financial elder…
An Illinois appeals court recently held that a Medicaid applicant who purchased a life insurance policy that was assigned to a trust designed to pay funeral expenses is subject to a transfer penalty because the funds could be…
Twenty-eight states currently have laws making adult children responsible for their parents if their parents can't afford to take care of themselves. While these laws are rarely enforced, there is growing pressure upon states to…
Simplistic or Do-It-Yourself Medicaid planning is a "cure worse than the disease." Yet another in a long line of tragic cases illustrates why seniors should not engage in reckless transfer of assets to children in the hope of…
Pennsylvania's filial support statute has survived a multi-faceted challenge in federal court. Filial responsibility includes the legal responsibility of a child to care for an indigent parent. Pennsylvania recently began…
The Centers for Medicare & Medicaid Services has updated the program manuals used by Medicare contractors in order to “clarify” that coverage of skilled nursing and skilled therapy services does not depend on a beneficiary’s…
The U.S. Supreme Court has agreed to hear a case that will decide whether inherited individual retirement accounts (IRAs) are available to creditors in bankruptcy. The decision in Clark v. Rameker will resolve a split between the…
McKnight's reports that the New York Attorney's General office has indicted a former medical transport driver for criminally negligent homicide related to the death of a nursing home resident. Driver Juan Garcia was working for…
A bankruptcy court rules that a nursing home cannot claim debt owed by the husband of a nursing home resident to the nursing home is nondischargeable as a domestic support obligation. In re Langan (Bankr. Dist. S.D., Nos.…
Many nursing home residents have have "resident trust funds" or "personal accounts" managed by the facility. It may be that the residents have no family members or family members do not want the responsibility, or the nursing…
North Dakota's highest court determined that a nursing home resident's sale of property to his son should be set aside as a fraudulent conveyance, and that the son was personally responsible for his parent's debts under the…
From Kaiser Health News : Rod Coons and Florence Peace, a married couple from Indianapolis, pay $403 a month for a family health plan that covers barely any of their individual medical care until each reaches up to $10,000 in…
Momentous news from the Washington Post : In a victory for the rights of adults with disabilities, a judge declared Friday that a 29-year-old woman with Down syndrome can live the life she wants, rejecting a guardianship request…
Momentous news from the Washington Post : In a victory for the rights of adults with disabilities, a judge declared Friday that a 29-year-old woman with Down syndrome can live the life she wants, rejecting a guardianship request…
A 29-year-old Virginia woman with Down syndrome is fighting her parents' attempt to obtain guardianship in a case that has drawn attention to the inherent conflict existing in the laws regarding adult guardianship. These laws…
The celebration following the federal government's increase in the estate tax exemption to $5.25 million is, perhaps, destined to be short lived. President Obama’s proposed budget plan for 2014 came out on April 10, and proposes…
The adult children of elderly parents in many states could be held liable for their parents' nursing home bills as a result of the new Medicaid long-term care provisions contained in a law enacted in February 2006. The children…
Medicare officials have proposed changes in hospital admission rules in an effort to reduce the rising number of beneficiaries who are placed in "observation care" but not admitted to the hospital. When a patient is placed in…
Ohio has joined the growing list of states, which have enacted domestic asset protection trust legislation. The " Ohio Legacy Trust Act " (the “Act”), takes effect on March 27, 2013, and permits, for the first time, statutory…
The cartoon is a link to "The Growing Need for Long-Term Care Insurance- Part 1" authored by Desiree Baughman, writer for InsuranceQuotes.org (link removed upon request) The long-term care insurance (LTCI) market will soon change…
The Internal Revenue Service reminds taxpayers who converted amounts to a Roth IRA or designated Roth account in 2010 that in most cases they must report half of the resulting taxable income on their 2012 returns. Normally, Roth…
Younger Americans not only take on relatively more credit card debt than their elders, but they are also paying it off at a slower rate, according to a first-of-its-kind study conducted by Ohio State’s Center for Human Resource…
According to the Los Angeles Times , as California moves to expand healthcare coverage to millions of Californians under the Affordable Care Act, it faces a major obstacle: There simply aren't enough doctors to treat a crush of…
Nursing homes around the country are under pressure from the Federal government to reduce their use of antipsychotic medications in treating patients with dementia, including patients suffering from Alzheimer's Disease . This…
The Illinois Supreme Court overturned the 26-year-old opinion In re Marriage of Drews , 503 N.E.2d 339 (1986) , ruling that a guardian has the legal authority to petition for dissolution of a ward's marriage, and may take…
The following excerpt is reprinted from an excellent article written by Forbes contributor, Todd Ganos, and posted online here . I am a firm believer in asset protection strategies as part of a comprehensive estate, financial,…
A Pennsylvania appeals court has held a son liable for his mother's $93,000 nursing home bill under the state's filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super. Ct., No. 536 EDA…
The Guide contains useful information about nursing homes and residential care facilities Families of nursing-home residents across the state reported overall satisfaction with the care being provided to their loved ones in 2012,…
The following is an abstract from Kaiser Heath News : Tooth decay is the most common chronic health problem in children. By the time they enter kindergarten, more than a quarter of kids have decay in their baby teeth. The problem…
After some last minute political posturing, in the wee hours of January 1, 2013 the U.S. Senate passed the American Taxpayer Relief Act ("ATRA") by a margin of 89 to 8 . The U.S. House of Representatives, after initially balking…
The Ohio statutory living will declaration has affixed to the first page the seals of the various legal and medical organizations that approve the content of the document greatly adding to its practicality If you have not done…
There is no question that our real lives have more virtual reality than ever before, and executors and successor trustees are increasingly tasked with unraveling the legal disposition of online assets, accounts, and resources.…
Ohio has spent fewer dollars on Medicaid than expected under its current two-year budget. The following is from an article published in the Alliance Review : State officials have been working to rein in the cost of the $19.8…
Huguette Clark (right) c. 1917 (age approximately 11) with her sister Andrée (left) and her father William A. Clark (center) According to Bill Dedman, an Investigative Reporter for NBC News, a relative of the reclusive heiress…
Viral Photograph of Mr. Allen Swift alongside his 1928 Rolls-Royce Picadilly Phantom-1 Roadster? Mr. Allen Swift of Springfield Massachusetts has attained a measure of immortality. He received a beautiful brand new two-tone green…
A Connecticut trial court has ruled that a nursing home may sue a resident's daughter for breach of contract because she agreed to use her mother's assets or Medicaid to pay for the nursing home, even though she did not sign as a…
Health care costs continue to be a top retirement concern, yet few Americans know about their options or the potential dangers of improper planning. More importantly, the most common "simple" plans compromise, unnecessarily,…
A stark warning to those engaged in asset protection planning comes from Jay Adkisson, a Partner in the Newport Beach, California, law firm of Riser Adkisson LLP, who practices in the areas of creditor-debtor law, in an excellent…
According to a recent study released by the Center for Retirement Research at Boston College (http://crr.bc.edu), most men begin drawing on their Social Security retirement benefits at age 62 or 63, rather than waiting until…
eNeighbor® Remote Monitoring System by Healthsence® A recent New York Times article explains how new technology is being used to help ensure the safety and health of elderly individuals who live at home. One such technology,…
A reverse mortgage can be a great tool in the right circumstances, but if you aren't careful you could end up losing your home. A recent front-page article in the New York Times lays out some of the problems homeowners are…
Many people believe that if they are single, they don't need a will and other estate planning documents. However, estate planning is just as important for single people as it is for couples and families. Estate planning allows…
A recent Connecticut case highlights the risk to family members of nursing home residents who don't live up to their financial commitments to such facilities. When her mother was admitted to the Cook Willow Health Center, Judy…
Hundreds of nursing homes overcharge Medicare every year for so-called skilled services, adding $1.5 billion in annual costs to the program, according to a federal report . About one-fourth of Medicare bills from facilities…
A Minnesota probate court rules that language in the state's constitution that prohibits all people under guardianship from voting violates the United States Constitution and is therefore invalid. In re Guardianship of Erickson…
Sherman Hemsley died at his home in El Paso, Texas on July 24. But three months on, the star of the CBS series “The Jeffersons” has yet to be laid to rest as the beneficiaries of his will, and even his cause of death, have been…
Retiring to another country can be a very attractive option. Lower cost of living and health care expenses along with exotic locales and temperate climates persuade many seniors to retire outside of the United States. If you want…
ID 84890539 © Designer491 | Dreamstime.com If you are confused regarding taxpayer identification numbers, don't feel bad. Although they are rather straight-forward and it is "technically" clear which you need in a particular…
It is now official: Ohio officially abolished its estate tax when Republican Governor John Kasich signed the state budget today (June 30, 2011). The estate tax provision of the new law does goes into effect on January 1, 2013.…
Patricia B. Gray, contributing writer for Money Magazine has written an excellent article regarding private nursing for home care. She introduces this increasingly common alternative to institutional care for seniors: You may…
If you suspect a deceased loved one has a life insurance policy that you cannot locate, there is a service through the Ohio Department of Insurance that can assist in identifying and locating the policy. The Ohio Department of…
This week, "ABC World News with Diane Sawyer" launches a special series, focusing on the sensitive issues surrounding eldercare. As part of the series, Sawyer hosted a roundtable on the subject with Virginia Morris, author of…
The Committee on Advancing Pain Research, Care, and Education is calling on individuals that suffer from pain, and those professionals and individuals that provide services to or care for those who suffer from pain, to help…
A new low-cost Medicare Supplement insurance policy is now approved for sale to seniors in Ohio. The Ohio Department of Insurance has approved a very low-cost Medicare Supplement insurance plan for seniors and Ohio is among the…
Randy Render, of Render Insurance , shared with me over lunch the other day a cautionary tale I now share with all of my clients managing rental properties, and all of my friends and associates. A widow found herself managing a…
New research from Cornell University's medical college suggests that the incidence of elder abuse and exploitation is far greater than experts had expected. The study, which is not available online, compared the number of cases…
About 30,000 seniors will receive tough "dun" letters from their reverse mortgage lenders. This largest batch of mortgage delinquency notices in U.S. history will demand payments in 30 days and threaten foreclosures of the homes.…
The most common question I have been asked as we start the year 2011, is whether the new tax law ends the uncertainty regarding estate taxes. Unfortunately, despite the new law reducing the federal estate tax, uncertainty…
When an individual, often a senior, becomes unable to manage his or her finances and personal decisions, and has not created a legal structure for trusted surrogates to take over decision-making (through a power of attorney,…
Medical professionals and caregivers working with chronic pain patients, and chronic pain sufferers have a new tool. The American Pain Foundation (APF) today announced the launch of PainSAFE ™ (Pain Safety and Access for…
The holidays are always a wonderful time of year for family gatherings, reflection on what we have and the spirit of giving. The television is packed with specials showing relationships and families coming together for the…
A recent edition of PBS's FRONTLINE online, and an accompanying web page , discuss the hard choices we face regarding health care near the end of life. The synopsis of the program is chilling and profound: "How far would you go…
Transitioning a business to the next generation or to new ownership is a reality that affects most business owners. Ideally, business owners should begin developing a succession plan five to ten years before exiting the business.…
An Ohio law that allows unmarried children or stepchildren up to age twenty-eight (28) to remain or be added to their parent’s insurance coverage becomes effective July 1, 2010. As a result of the new law, parents should evaluate…
In Ohio, Pet Trusts (sometimes called Pet Care Trusts) are a relatively new legal tool used to provide for the care and maintenance of a companion animal should its owner die or become disabled. The primary purpose of a Pet Care…
Families interested in opening a Coverdell Education Savings Account this year for college savings should consider doing so before April 15. That would allow them to invest as much as $4,000 in one of these tax-advantaged…
Legitimate trusts are tools used by qualified estate planners and their clients to achieve certain objectives, including, but certainly not limited to, controlling the disposition of assets, avoiding probate, reducing…
Although trusts are excellent tools used by legitimate professionals to accomplish a variety of worthwhile objectives, there are a wide variety of con artists who prey upon the public using the lure of trust planning. These con…
"Five years after the court fight over allowing Terri Schiavo to die, most Americans still don't draft the legal documents that spell out how far caregivers should go to keep them alive artificially." This according to an…
FOR IMMEDIATE RELEASE FROM THE OHIO DEPARTMENT OF INSURANCE Monday, March 29, 2010 CONSUMER ADVISORY: National Flood Insurance Program Not Issuing New Policies COLUMBUS — Ohio Department of Insurance Director Mary Jo Hudson is…
National Healthcare Decisions Day is April 16th! On this day, all across the country, health care facilities, health care professionals, chaplains, the legal community, and others will be participating in a collective effort to…
By Steven A. Morelli, Senior Editor, InsuranceNewsNet Despite protests from insurance groups, the health care reconciliation act will add a new tax on annuity income to pay for Medicare once the bill becomes law. Several…
Ohio Department of Insurance Director Mary Jo Hudson has announced that a recent amendment to Ohio insurance law by the Ohio General Assembly has increased The Ohio Life and Health Insurance Guaranty Association’s coverage…
The health bill package includes provisions that could impact long term care insurance sales. President Obama signed into law the giant Patient Protection and Affordable Care Act that the Senate passed early on Christmas Eve,…
In the wake of sweeping health care reform, consumers will need to be wary of con artists promoting fraudulent plans and benefits. State regulators are already struggling to stop fraudulent health insurance plans, a growing…
One of the benefits of an annuity in estate and government benefits planning is the ability to convert assets countable for the purpose of determining Medicaid eligibility, and therefore subject to long term care spend down, to…
In this information age, there certainly seems to be a large amount of misinformation. One of the more persistent myths, is that the high cost of end-of-life care for the elderly represents a financial threat to the health care…
An emotional segment on a recent Today Show episode featured a wife who divorced her husband after 44 years of marriage in order to protect assets from a a long term illness. Suggesting the divorce, and also appearing on the…
In January, the Obama administration announced an initiative to promote the availability of annuities in qualified retirement, 401(k), and similar plans. Only 22% of such plans now offer annuities among the options available to…
You've probably received the solicitation, and been tempted to purchase the beautiful book or glossy magazine, with your picture and name on the cover. The solicitation promises instant credibility, because no client would know…
With the U.S. Census process beginning, the Better Business Bureau (BBB) advises that people be cooperative, but cautious, so as not to become victims of fraud or identity theft. The first phase of the 2010 U.S. Census is under…
According to an article written by Les Christie , and published on CNNMoney.com , CitiMortgage, one of the nation's largest mortgage servicers, launched a pilot program Friday designed to ease the pain of some homeowners heading…
According to researchers publishing a report in the journal Cancer , most doctors don't talk about end-of-life issues with their cancer patients when those patients are feeling well. Nor do they talk about them until treatments…
I don't usually include information regarding health care, but some of you might remember that the first incarnation of my website had a page devoted to health and prescription drug information. But, this article , available…
Direct transfer designations, like POD's (payable on death designations) and TOD's (transfer on death designations), and simple beneficiary designations, are mechanisms by which an account or other asset is transferred or paid…
The Administration on Aging, in partnership with five national non-profit organizations, launched a new web site intended to empower legal and aging services advocates with the resources necessary to provide high quality legal…
If you are interested, you can follow developments in the Estate of Michael Jackson. It only takes a few minutes of searching to locate the public website for viewing the court dockets for estates being probated in the Los…
Tax time is rapidly approaching. You want to file all the proper forms and take all deductions you're entitled to. Following are some things to keep in mind as you prepare your tax form. Gifts . Did you give away any money this…
I have been asked a lot of questions about the new carryover basis rules and what this means for someone who inherits property in 2010. Simply put, repeal of the federal estate tax that has taken effect in 2010 means that the…
There is currently no tax on the estates of those dying during 2010. Although it is possible that Congress could reinstate the tax retroactively in 2010, the possibility is uncertain, at best. If Congress fails to act, however,…
After reading that a taxpayer had sued the Michael Jackson estate to recover money spent for his memorial, I suspected that there would be other cases. Of course, a quick google search revealed an interesting case, reported by…
The Michael Jackson memorial in Los Angeles last July reportedly cost the cash-strapped city millions of dollars in police overtime and sanitation expenses, and now one resident wants Michael Jackson's family to pay the bill.…
The July issue of Advisor Today introduces a unique cash accumulation strategy that merits close attention: laddering fixed annuities. MassMutual has back tested the strategy against several traditional strategies, and…
Disputes with Step-Children Increase Risk of Guardianship and Institutionalization Mrs. Staffler calls her step-daughters to inform them that her husband, their father, has been admitted to the hospital following a massive…
James Nash reports in the Columbus Dispatch that the Ohio Supreme Court's attempts to collect more than $7 million from two companies accused of scamming senior citizens are not going well. According to the Columbus paper, the…
Monty L. Donohew is an attorney concentrating his practice in estate planning, wills, trusts, succession planning, and probate, with an emphasis on strategic trust planning. His firm, Monty L. Donohew, LPA, has offices in: Green,…
The recession is hitting elderly people where they live, literally. Financial problems have been mounting at a number of assisted-living and continuing-care communities, forcing some facilities into bankruptcies and inflicting…
With Americans living longer than ever before, having a long term perspective for individual care needs is critical. Northwestern Mutual has launched a new Long Term Care Cost Calculator to help people better understand the…
What are you planning to give the teenager in your family when he or she becomes an adult? A car, money for an apartment, a trip to Europe? Those are all fine gifts, depending on what you can afford to spend. But here’s one you…
The Supreme Court of Ohio recently imposed a civil penalty of $6,387,990 against two companies and their co-owners for engaging in the unauthorized practice of law, and issued an injunction permanently barring those companies,…
The IRS has privately ruled that payments by a state agency to help the elderly live at home as an alternative to care in a nursing home are tax-free even though they were made to the caregivers. Because they were tax-free, no…
On June 18th, 2008, Fremont General Corp., the Brea-based parent of the bank (and former subprime lender) Fremont Investment & Loan, filed for Chapter 11 bankruptcy. This action follows other major banks heading to the bankruptcy…
Seniors Scramble for Solutions A recent study suggests that current economic woes affecting the value of real estate will strip most people of wealth, with the hardest hit being those currently poised to retire. The Center for…
If you have a vacation or second home, there was a change in the federal income tax law as part of the 2008 Housing Act about which you should be aware. Most homeowners are familiar with the homesale exclusion, a provision of the…
The new Ohio Partnership for Long-Term Care Insurance is an initiative between the State and private insurance com panies to encourage Ohioans to plan for their long-term care needs. The partnership established "partnership…
A recent study suggests that current economic woes affecting the value of real estate will strip most people of wealth, with the hardest hit being those currently poised to retire. The Center for Economic and Policy Research…
Bankruptcy filings among the elderly are reaching an all-time high according to a story published by Christine Dugas, in USA TODAY. Swamped by debt and rising medical bills, elderly Americans have been seeking bankruptcy-court…
Genworth Financial announced its long term care division has launched the newest addition to its portfolio of long term care planning solutions in Ohio -- Partnership Qualified Long Term Care Insurance (Partnership plans). These…
The financial aid process is a mystery to most. If you are beginning the process of learning about financial aid, you should first consider the promises and risks in paying for financial aid advice, because you will no doubt be…
The Ohio legislature has given final approval to a landmark bill that will help assure the integrity of the life insurance market and protect seniors from a growing abuse called stranger-originated life insurance (STOLI). In a…
Mortgages Carried Later In Life a Disturbing Trend By Tim Grant, Pittsburgh Post-Gazette Owning a home free and clear has been an enduring part of the American dream, but in recent years more people are waking to the reality that…
Wharton Study Suggests Lifetime Income Annuities Best Asset Class for Retirement Financial Security Reprinted from Businesswire.com. August 08, 2007 09:49 Dueling Asset Classes: Wharton Study Demonstrates That Lifetime Income…
Rising Market in Purchase of Long Term Annuities A fast-rising secondary market for people looking to cash in annuities for a lump sum settlement is causing consumers concern. Is this the perfect escape hatch for people locked…
When the Medicaid estate recovery program was instituted in Ohio in 1995, only the assets in a deceased person's probate estate were subject to recovery. Ohio adopted an "augmented estate" approach to recouping Medicaid…
A conservative policy group has released an issue brief proposing that states begin enforcing filial responsibility laws in order to reduce long-term care costs. Thirty states, including Ohio, have filial responsibility laws that…
McKnight's recently reported the results of a study finding that physical therapy of a higher intensity results in better patient outcomes and shorter lengths of stay for some nursing home patients. According to the article:…
Every Account Holder Should Be Aware of Changes Americans write about 40 billion paper checks each year. In addition, for the first time that number recently was eclipsed by the annual number of automated transactions involving…
Reverse Piercing of Corporate Veil Reaches Entity Assets Generally, business entities such as corporations or limited partnerships are legally separate and distinct from the shareholders and members of such entities. When justice…
Advocacy Groups Meet To Discuss Reform Leading advocacy groups for seniors are meeting this week to continue the process of addressing guardianship reform and implementation. Hundreds of thousands of Americans are under the care…
McKnight's reports that patients enrolled in hospice care cost Medicare less, according to the study " Medicare Cost in Matched Hospice and Non-Hospice Cohorts " published in the September 2004 issue of the Journal of Pain and…
Consider Death Tax Planning Before Its Too Late! American Express recently reported the results of a national survey seeking to evaluate the management of retirement accounts by American investors. The survey, completed by Amex’s…
Senate Select Subcommittee on Aging Reports Dangers The following is a “nearly” verbatim article from a recent NAELA bulletin: WASHINGTON (July 22, 2004) - At today's hearing from the Senate Special Committee on Aging's…
Another Reason For Guardianship Planning: Daughter Convicted of Homicide in Mother's Death The story is tragic. The lesson clear. An Indiana woman was forced to seek and obtain a guardianship for her mother, who suffered from…
New Laws Require Estate Plan Review and Revision Change is constant. Several recent changes in the law require you to review and possibly revise your trust or supporting documents. Moreover, although you may choose not to review…
Underscores Estate Planning Importance For Parents According to a report published this month in Health Affairs (Jan/Feb 2004), disability is rising among younger Americans! The report investigates trends in disability in the…
Only Two States Were Ranked Lower Ohio is one of the states where the dying are less likely to receive the best all-around care and legal protection, according to state-by-state rankings by Forbes magazine. In only Illinois and…
According to McKnight's , Charles Klaer, a 72-year-old resident with advanced Alzheimer's disease, walked out of a nursing home where he was a resident, and was struck by a car and killed on a highway a mile-and-a-half away from…
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