Last week, a federal district court in Oklahoma decided a case that I found very interesting. For several years, I litigated a case in federal...
Eldercare Lawyer Blog
Are Veterans Benefits Income?
Last week, I wrote about a Veterans benefit commonly known as aid and attendance. Aid and attendance is a cash-assistance Veterans Benefit that...
Veterans Benefits: Lifesaver or Unexpected Headache?
If you are a veteran who served during war time, or the surviving spouse of such a deceased veteran, you may be entitled to a veteran’s benefit...
Getting Mom Rehab
As I indicated in a recent article, my mother currently requires long-term care. Like the vast majority of my clients, my mother was first admitted...
Planning Ahead to Avoid Long-Term Care Crises
As an elder law attorney, I frequently meet with individuals who have an elderly family member who needs long-term care, such as care in a nursing...
The Devil Is in the Details
The Superior Court of New Jersey, Appellate Division, recently decided a case that almost seems comical, but the parties in the case probably aren't...
When Rules Begin to Reach Further Than Intended
A recent decision of the Superior Court of New Jersey, Appellate Division, was the source of an interesting discussion among elder law attorneys. ...
I Only Sign Documents I Understand
A phrase that I have heard in my legal career several times—and which I am sure most of you have heard—is, “I never sign anything that I don’t...
Does Medicare Really Pay for Maintenance Care?
This week, a federal court will sign a settlement agreement between the federal government and a class of litigants affecting the administration of...
What Rising Medicare Costs Mean for You
Social Security benefits were increased by 1.7% for 2013. Of course, the costs associated with Medicare also increased for 2013, taking away most...
Why Federal Estate Tax Is Not a Concern for Many
So the fiscal cliff has been averted. If for no other reason, I’m happy it’s been resolved so I can stop hearing about the fiscal cliff. But what...
Gift Tax in the New Year
In 2013, the annual gift tax exclusion will increase from $13,000 to $14,000 per year. The annual exclusion gift is the amount of money a person...
Planning for the Future
At least twice in the past week I have met with a client who has said that they want “simple” documents. This statement is a recurring one in my...
Tax Planning for Married and Unmarried Clients
“What can I do to save my family from taxes when I die?” This is a question that I often hear from clients, and the answer is different based upon...
Basic Estate Planning Documents
“Do you have a power of attorney agent?” “Yes,” the client tells me, “I named him in my Will.” This is a common question that I ask individuals who...
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Recent Posts
Medicare and Skilled Nursing Facility
NURSING HOME DISCHARGE: WHAT ARE MY RIGHTS? The scenario: Mom, age 80, falls and fractures her hip. She needs surgery and remains in hospital for more than three days of acute care. After her hospital stay, she is discharged to a skilled nursing facility (SNF). She...
Medicare 100 Days of Coverage
MEDICARE'S 100 DAYS OF COVERAGE As those of you who read my column know, I practice elder law. Most every day of the week, I am either discussing an issue of elder law with a client or working on a client's elder law issue. In my practice I frequently encounter people...
Medicaid Takes Money
BUT WON'T MEDICAID TAKE MY MONEY A lot of people believe that if they require long term care, Medicaid will take their money. "Can I save my money from Medicaid?" They'll ask. "I don't want Medicaid taking all of my money." The truth is, Medicaid doesn't take a...
Why Medicaid Planning Is Not Just for the Wealthy
AND THE SURVEY SAYS … RICH PEOPLE DON'T PLAN FOR MEDICAID Critics of Medicaid planning claim that lawyers are making rich people eligible for a welfare program. We lawyers, so the argument goes, are ripping off the American taxpayer, placing our wealthy clients on...
Medicaid Planning for the Rich
MEDICAID PLANNING FOR THE RICH The problem with lawyers is, they make their rich clients artificially poor so they can qualify for Medicaid and get the American taxpayer to foot the bill for their care. Well, not really. But, unfortunately, that's what some people...
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