Can an individual suffering from dementia legally divorce his or her spouse? Or to put it another way, can someone with dementia possess the legal right to divorce and initiate a lawsuit yet at the same time to lack the capacity to manage property or drive or be employed? To what extent should the present-day […]
If you are a Medicare beneficiary receiving skilled care for a chronic condition, you no longer have to show improvement in order to have the care covered, but your provider (such as a doctor, home care agency, or nursing home) may not know this. Even though a recent lawsuit settlement mandated a nationwide educational campaign […]
How can you make sure your funeral and burial wishes will be carried out after you die? It is important to let your family know your desires and to put them in writing. Just don’t do it in your will. To help your loved ones follow your wishes after you are gone, you can write […]
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 to ensure a smooth transition, however, there are many issues to consider and steps to take before […]
Funerals rank among the most expensive purchases many consumers will ever make. A traditional funeral costs about $6,000, although “extras” like flowers, obituary notices, acknowledgment cards and limousines can bring the total to well over $10,000. Moreover, people often “overspend” on a funeral or burial because they think of it as a reflection of their […]
The Department of Veterans Affairs (VA) has updated the way it determines eligibility for VA health care benefits, making it easier for many veterans to get access to the benefits. The VA will no longer use the veteran’s net worth as a factor to determine eligibility and copayments. Previously, veterans who did not fit into […]
In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you ineligible for Medicaid for a period of time. However, there are circumstances in which transferring a house will not result in a penalty period. One of those circumstances is if the Medicaid applicant transfers […]
Some 29 states currently have laws making adult children responsible for their parents if their parents can’t afford to take care of themselves. These “filial responsibility” laws have rarely been enforced, but six years ago when federal rules made it more difficult to qualify for Medicaid long-term care coverage, some elder law attorneys predicted that nursing homes would start using […]
Medicaid’s RulesIn order to be eligible for Medicaid, you cannot have recently transferred assets. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or whomever) on Tuesday, and qualify for Medicaid on Wednesday. So it has imposed a penalty on people who transfer assets […]
A power of attorney may seem like a simple document, but there are several important decisions that need to be made when creating one. From whom to appoint to what powers to grant, care and consideration should be put into each choice.A power of attorney is one of the most important estate planning documents you […]