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Why You Should Regularly Review Your Trust

One of the benefits of a Revocable Living Trust is that it can be updated when necessary. You may want to update your trust to comply with new laws or to reflect changes in your wishes or your life circumstances. In order to take advantage of this benefit, you should review your trust periodically to see if […]
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Identifying and Avoiding Caregiver Burnout

Identifying and Avoiding Caregiver Burnout Many of our clients are caring for or being cared for by a loved one.  More than 65 million Americans care for family members who need assistance due to chronic conditions, disabilities, disease, or the frailties of old age.  These millions of family caregivers may include spouses, parents, or children […]
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The End of the Medicare “Improvement Standard”

The End of the Medicare “Improvement Standard” For decades, home-health care agencies and nursing homes have terminated Medicare coverage if patients did not show improvement.  This policy was referred to as the Medicare “Improvement Standard.”  Nothing in the Medicare regulations stated that improvement was required for continuing coverage.  However, the Improvement Standard was regularly applied […]
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Ancillary Probate: What It Is and How to Avoid It

Ancillary Probate: What It Is and How to Avoid It  Probate is the process by which a court grants a person authority to deal with property owned by a deceased individual (“decedent”).  If this person was named in the decedent’s will, he or she is called the executor or the personal representative of the decedent’s […]
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Recent Case Raises Concerns about Certain Transfers of Assets by a Medicaid Applicant to a Community Spouse

Recent Case Raises Concerns about Certain Transfers of Assets by a Medicaid Applicant to a Community Spouse: Many Medicaid applicants who need care in a nursing home have spouses who are able to continue living at home (“Community Spouses”).  There are guidelines that allow a Community Spouse to keep a certain amount of income and […]
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Medicare Coverage: Observation vs. Inpatient Status

Medicare Coverage: Observation vs. Inpatient Status On September 23, a federal district court in Connecticut dismissed the case of Bagnall v. Sebelius.  A group of Medicare beneficiaries, the Plaintiffs, filed this lawsuit to protest the use of “observation status” during their hospital stays.  Patients on observation status are designated as outpatients, even though they may stay on […]
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