As we stress often to families in our practice, planning for and dealing with the significant challenges and difficulties of long-term care is a daunting process. The complexities of very complicated state and federal Medicaid laws and regulations present many pitfalls for those who try to engage in that process on their own without working […]
Immediate annuities are among the tools elder law attorneys use to help married nursing home residents qualify for Medicaid coverage while protecting the standard of living of the healthy spouse and to help preserve assets for the families of unmarried or widowed nursing home residents. Immediate annuities can help Medicaid applicants in two basic ways: […]
Insurance agents and financial institutions often advertise annuities as the perfect way to generate retirement income. While annuities can be a valuable retirement tool, if you are buying an annuity as part of a Medicaid planning strategy, you need to fully understand what you are getting. And whether an annuity makes sense as part of […]
Many of our clients have approached us for advice about nursing home placement for a loved one. Part One of this blog explored five common problems outlined in Justice in Aging’s 2005 article “20 Common Nursing Home Problems—and How To Resolve Them.” Part Two will highlight five more issues to consider. #6 Forcing Family Members […]
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At Weatherby & Associates, PC, we encourage our clients and their families to “be the squeaky wheel” and to never hesitate to advocate for patient rights for nursing home residents. That is one of the overall recommendations outlined in the 2005 Justice in Aging piece called “20 Common Nursing Home Problems—and How to Solve Them.” […]
Do You Know How the New Connecticut Law Affects Your Power of Attorney?The legislature of the State of Connecticut, after years of debate, has adopted comprehensive new laws concerning powers of attorney for financial matters. Overall, the new laws offer additional needed guidance on what can be done under a power of attorney, help to […]
Last time we gave a brief description of the Supreme Court’s recent decision in Obergefell v. Hodges that recognized same-sex marriage as a constitutional right. Same sex marriage is now a right nationwide. Now that same-sex couples have the option of marrying in a manner similar to that of opposite-sex couples, it is worthwhile to […]
The lesbian, gay, bisexual, and transgender (LGBT) community is garnering a lot of national attention in recent months following the United States Supreme Court decision to recognize same-sex marriage. Advocacy groups have been working for years to recognize the unique needs of a growing sample within the community—LGBT elders. The Richmond Times-Dispatch recently profiled Bonnie […]
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 […]