Aging-in-Place Planning and Elderlaw

The blog reports information of interest to seniors, their families, and caregivers. Recurrent themes are asset and decision-making protection, and aging-in-place planning.

Wednesday, June 17, 2015

Use of Filial Responsibility to Collect a Nursing Home Debt Survives Federal Challenges

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The State of Pennsylvania is racking up victories supporting the use of filial responsibility in resource recovery of Medicaid benefits. ...
Thursday, June 11, 2015

SSA Clarifies Its Position on Court-Established (d)(4)(A) Trusts

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Responding to criticism from advocates that the Social Security Administration (SSA) was unfairly refusing to allow court-established (d)...
Tuesday, June 9, 2015

Get legal Advice When Applying for Medicaid- State Can Recover From a Medicaid Recipient's Estate Even Though Estate Would Have Qualified for Hardship Waiver

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A recent case underscores the importance of seeking and obtaining legal advice when dealing with Medicaid resource recovery.  A Michigan ...
Monday, June 8, 2015

State Cannot Modify Penalty Period Unless All Transferred Assets Are Returned

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A New Jersey appeals court has held that a Medicaid applicant's penalty period cannot be modified unless all the assets transferred duri...
Wednesday, June 3, 2015

Spouses of Hospice Residents Less Likely to Become Depressed

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Symptoms of depression are less common in the spouses of hospice residents when compared to families where hospice was not involved, a recen...
Friday, April 24, 2015

Husband Acquitted of Nursing Home Rape of His Wife

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The jury acquitted the 78-year-old retired farmer and former state legislator of sex-abuse charge in a case that captured international att...
Thursday, April 23, 2015

Elder Justice Website Aids Reporting Elder Abuse and Financial Exploitation

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The United States Department of Justice has launched the  Elder Justice Website , as part of the Elder Justice Initiative designed to pro...
Saturday, April 18, 2015

Payments from Special Needs Trust Causes Section 8 Ineligibility

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Special Needs Trusts (SNT's) are generally designed to prevent beneficiaries from losing their Medicaid and Social Security eligib...
Friday, April 17, 2015

Estate Plans Should Consider and Attempt to Resolve Guardianship

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Well-crafted estate plans consider and attempt to resolve issues arising from incapacity and incompetency. Many estate plans are crafted to ...
Thursday, April 16, 2015

Tenant's Estate Sues Landlord for Buyout Payment- Contracts and Agreements Are Assets

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Estate planning is a discipline that requires periodic consideration and reconsideration of your circumstances as they change. When the e...
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