Elder Law

As we near retirement, we may assume that once Medicare kicks in, our medical insurance premiums will be fixed. However, many people may not realize that there are special rules regarding how much they pay [...]

The Centers for Medicare & Medicaid Services (CMS) has issued the 2025 figures for Medicare. As in 2024, these health care costs are going up across the board. Medicare Part B Changes for 2025 Medicare [...]

If you are age 65 or older and living in the United States, you are part of a large and growing population segment. According to the 2020 Census, one in six Americans are over 65. [...]

You’re walking along a coastline where forest meets sea. You hear the rhythm of crashing waves and see gulls swooping down from a crystal blue sky. A light breeze ruffles your jacket. You take a [...]

Missing numerous bill payments can damage a person’s credit score. But they could also signal a much bigger problem: damage to the brain from Alzheimer’s disease. Families often miss the early warning signs of Alzheimer’s [...]

Nursing home evictions are a significant problem in the United States. Between staffing issues and the rising need for long-term care services, overburdened facilities often attempt to evict residents for the wrong reasons. Many people, [...]

Understanding the nation’s latest data on older adults can aid policymakers and advocates for those 65 and older in responding more effectively to this population’s unique needs, while also helping seniors and their families plan [...]

Revocable trusts are a very popular and useful estate planning tool. But the trust will be ineffective if you do not actually place your assets in the trust. Revocable trusts are an effective way to avoid [...]

Do you have a family member who is receiving some form of long-term care? If you don’t, the chances are good that someday you will – and that day may not be too far away. [...]

End-of-life decisions are never easy. One of the most important decisions you may make regarding health care as you age could be whether you need a nursing home or hospice care. To make the best [...]

With a new commissioner at the helm, the Social Security Administration (SSA) has been announcing several policy changes in recent weeks. In late March 2024, the SSA issued news regarding the way it handles overpayments to Social Security [...]

In recent years, researchers have been finding potential links between feelings of loneliness and negative health outcomes. Feeling lonely may put you at greater risk of premature death, serious health problems, and higher suicide rates. For [...]

For seniors and their caregivers, having a plan in place should an emergency strike can provide some peace of mind in a turbulent world. A crisis, such as illness, trauma, natural disaster, or any other [...]

Elder law encompasses a wide range of legal matters that affect older individuals. Attorneys who practice elder law advocate for seniors and execute legal plans to assist them in living better lives. Their expertise may [...]

Ninety-three percent of adults 55 and older want to remain in their homes as they age, according to U.S. News & World Report. “Aging in place” involves growing old comfortably and safely in one’s dwelling. As adults [...]

Research by the American College of Financial Services sheds light on the need for improvements in retirement financial literacy. The 2023 Retirement Income Literacy Study revealed that most adults ages 50 to 75 lack knowledge about retirement [...]

Since the 1960s, Medicaid has provided health care coverage for low-income people across the United States. For millions of seniors, Medicaid offers financial assistance, helping them to cover the cost of long-term care services. Today, this [...]

More than 70 percent of adults in the U.S. report being dissatisfied with the health care system, according to TIME Magazine. Navigating the medical services network can be stressful and overwhelming, particularly for older adults facing [...]

Recently proposed legislation seeks to offer financial relief for unpaid family caregivers. Introduced in November 2023, the Lowering Costs for Caregivers Act of 2023 is the result of a bipartisan effort to lessen the costs of family [...]

Americans are not only living longer, but the number of people aged 65 and older is also growing. It’s a trend that will continue over the next decade. Longevity among seniors raises major questions, including [...]

The Lifeline Program is a federal program that works to lower the cost of phone and internet services for low-income American households. The Lifeline Program can certainly benefit an older person living on a fixed [...]

Ten percent of adults 65 and older experience elder abuse each year, according to the U.S. Department of Justice (DOJ). Elder abuse happens when a caregiver or another trusted individual causes physical, mental, or financial harm to [...]

The National Council on Aging reports that more than 16.5 million adults 65 and older experience economic insecurity, with incomes below 200 percent of the federal poverty level. Rising housing and health care bills can burden seniors [...]

Health Affairs estimates that 4 million older adults can only leave their homes with assistance, making accessing care challenging. The Centers for Disease Control and Prevention reports that 1.3 million Americans receive care in nursing homes. According [...]

Per an announcement from the United States Department of Health and Human Services (DHHS), the federal Public Health Emergency created in response to the COVID-19 pandemic ended in May 2023. With the end of this Public Health [...]

Assisted living facilities and nursing homes are long-term housing and care options for older adults. Although people sometimes use the terms assisted living and nursing home synonymously, they are distinct. Understanding the differences between assisted [...]

Most older adults want to remain in their homes and communities as they age rather than move into assisted living facilities or nursing homes. For those who wish to maintain their independence and continue living [...]

In October 2022, the Internal Revenue Service (IRS) announced contribution limitation adjustments for employee retirement plans in response to inflation. The IRS issued Notice 2022-55, which describes cost-of-living adjustments for retirement and pension plans. The changes [...]

Early on in the pandemic, nursing homes across the country found themselves at its devastating bull’s eye, with residents and staff of these facilities making up roughly 30 percent of all COVID-19 deaths in the U.S. between [...]

If you are planning to leave an investment property to loved ones, a 1031 exchange may be a helpful estate planning tool for you. Because these exchanges allow you to defer taxes or limit taxes [...]

The Senate and House have cleared the passage of a year-end $1.7 trillion appropriations bill that will benefit older adults on a number of fronts. The bill, which runs more than 4,000 pages and includes [...]

The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures. What Are Spousal Impoverishment Rules? [...]

A Medicaid Asset Protection Trust (MAPT) is one option a person may consider to protect their assets from Medicaid and nursing homes or long-term care. A MAPT is an irrevocable trust created during your lifetime. [...]

A new rule going into effect January 1, 2023, is setting seniors up with improved access to health care coverage. Your Medicare Initial Enrollment Period (IEP) begins as you approach your 65th birthday. For the [...]

When the COVID-19 pandemic began, the government declared a public health emergency and gave the states the ability to provide more citizens with health insurance through Medicaid. As a result, 25 percent more Americans now have [...]

If you are enrolled in a Medicare Advantage plan but would like to make a change, you can likely take advantage of the Medicare Advantage Open Enrollment Period. This Open Enrollment Period occurs each year between [...]

Receiving a denial at the pharmacy for a drug you need can be a stressful experience. When Medicare declines to cover a prescription, some might worry that they cannot afford the medicine out of pocket. [...]

For families seeking nursing home care for a loved one, getting information on what a nursing home is truly like or who owns it is easier said than done. Many rely on word of mouth, [...]

While a guardian can support the protected person by making important decisions, in some cases, an individual may wish to change or dissolve the arrangement. The ward, their family, or other involved people might feel [...]

It is tough to know when you should step in and help your parents with their finances. You may go back and forth about when to take over. Deciding whether your parents still have the [...]

It’s no secret that health care remains one of the biggest expenses facing American retirees. Coverage through Medicare, Medicaid, or another insurer will help mitigate these costs to some extent. Yet retirees still tend to [...]

The number of people enrolling in Medicare Advantage programs offered through Medicare-approved private companies has increased over time. Based on this trend, more than half of all Medicare recipients may be enrolled in Medicare Advantage programs by [...]

Once you become eligible for Medicare, you can enroll in Part D, which helps cover the cost of prescription drugs. Some people choose to delay registering for Part D. In some circumstances, Medicare imposes a late [...]

Recent research by the Kaiser Family Foundation examined the differences between traditional Medicare and Medicare Advantage. While people in either program were similarly satisfied with their care and overall care coordination, some distinctions became apparent. [...]

More than 55 million people around the world currently suffer from dementia. Advanced age remains the main risk factor for developing dementia. Yet recent studies have uncovered several other potential risk factors for dementia and [...]

Choosing the correct home care provider for your aging parents is a huge responsibility. This person will be looking after the needs of those who taught you to walk, talk, and care for yourself. To [...]

Many use the terms “skilled nursing facility” and “nursing home” interchangeably. However, they are separate care facilities. Although skilled nursing facilities and nursing homes sound similar, they have fundamental differences, including the level of medical [...]

No one wants to think about our death or the death of a loved one. The reality is that death is inevitable, so preparing for end-of-life decisions is essential. Over the past few years, especially [...]

If the years since the COVID-19 pandemic have taught us anything about isolation, it is loneliness makes life much harder. A recent study found that loneliness can not only decrease a person’s quality of life, but in [...]

When an incapacitated person cannot make personal or financial decisions, state courts may appoint a guardian to assist the individual with determining where to live, what kind of care to receive, or how to manage [...]

Each year from October 15 to December 7, Medicare offers you the option to make changes to your Medicare coverage. Changes you make during this Medicare Open Enrollment Period will go into effect the following [...]

November marks National Family Caregivers Month. Today, roughly 3 million children reside with grandparents who have committed to being their primary caregivers, according to Pew Research Center estimates. Grandparents may step in when the child’s [...]

From plantar fasciitis to varicose veins, there are numerous bothersome ailments that can crop up and cause chronic foot or leg pain or related issues. For Medicare to cover the costs of addressing these types [...]

A recent survey by the American Advisors Group (AAG) finds that 55 percent of adult children say they are not financially prepared to help their Baby Boomer parents cope with rising inflation and living expenses. “Americans want [...]

Spousal impoverishment is a concern for older couples when one spouse needs long-term care and applies for Medicaid. If one spouse requires care in a skilled nursing facility and the other remains at home, the [...]

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make [...]

For the first time in more than 10 years, Medicare Part B enrollees will see some of their costs decline. In an announcement issued by the Centers for Medicare and Medicaid Services (CMS), the agency outlined changes to the [...]

Doctors, nurses, and hospital staff work hard to care for their patients when they are sick or hurt. However, even when a procedure is done to save a patient’s life, a hospital cannot act without [...]

In helping clients prepare for their future, estate planning and elder law attorneys use many acronyms. Understanding some of the common medical and legal terms in this field can give you added confidence in your [...]

Before the pandemic, few people receiving Medicare used telehealth services, which allow patients to connect with providers through the internet. A telehealth appointment is a real-time, full-service visit with a health care professional. The critical distinction between [...]

Seniors who have an income above the Medicaid threshold but lack a high enough income to have substantial personal savings are considered “The Forgotten Middle.” These are elders who are more likely to struggle to afford long-term [...]

Even if you are satisfied with your current Medicare coverage, it is still a good idea to review the Annual Notice of Change that Medicare Advantage and Medicare Part D plan members receive each September. In [...]

Medicaid imposes strict rules on how much money and assets an applicant can have. To qualify for Medicaid, you must fall under the asset limit, which is $2,000 in most states. Even with greater than [...]

More than 8 million Americans aged 50 and older have billions in outstanding federal student loan debt. Whether you have taken out these loans for yourself or for your family members’ education, several programs are [...]

The Social Security Administration provides four types of Social Security benefits: retirement, disability, dependents, and survivor benefits. Survivor benefits are available to the children and spouses of deceased individuals who qualify. If you qualify for [...]

Dementia is a general term that refers to severe memory loss and problems with thinking, behavior, and social skills that interfere with daily life. According to the National Institutes of Health, this neurological condition affects one [...]

Saying goodbye to a loved one is heartbreaking. Making final arrangements can be overwhelming, and knowing what you are allowed to do to fulfill your loved one's wishes is important, but it can also be [...]

After losing a loved one, consider the best way to honor them and their life. Sometimes, a traditional funeral is not the best fit. Today, there are many alternatives to a traditional funeral service and [...]

Psychiatric Advance Directives (PADs), like advance directives for health care, let a person with a mental illness lay out in advance the mental health care they want during a crisis that may require hospitalization. Hospitals are [...]

As our parents get older, we must make tough decisions regarding their health care. It can be hard to know when to bring in professional support in the form of home care. Consider the following [...]

It is hard to know what documents to trash and when. Before you know it, your spare room, office, basement, or garage is overflowing with boxes of papers that all seem important. Trying to weed [...]

So, you’re officially divorced. In starting this new chapter of life, you should update your estate planning documents as soon as possible. You may no longer be legally married, but divorce does not automatically remove [...]

When an individual passes away without a funeral plan, responsibility for arranging the funeral often falls on the deceased’s close family members, such as surviving spouses and children. Planning your own funeral arrangements can assist [...]

Telehealth allows you to connect with your health care provider virtually and have an appointment without going to a physical location. You can share information about your health concerns through telemedicine and receive professional opinions [...]

The U.S. Department of Housing & Urban Development (HUD) has announced that $15 million in funding will be newly available for a program aimed at helping low-income seniors continue living safely in their homes instead of needing [...]

Trusts are great tools for leaving assets to your heirs while maintaining control over their access to those assets. In many cases, you would tell your beneficiaries that you have made a trust for them. [...]

A power of attorney is a document that grants various powers and responsibilities to a trusted third party or “agent” who can act on your behalf. This document usually only allows an agent to make [...]

When people pass away, their assets go through probate — a legal process that distributes the person’s assets after death. The parties to an estate are the people involved in the probate process. Although not [...]

Each year, 36 million older adults fall, with one out of every five falls resulting in physical trauma, the Centers for Disease Control and Prevention report. Injuries from falls, such as hip fractures, can lead to [...]

Many people delay the conversation or thoughts of having to prepare a will. Confronting the possibility of one’s death is not easy. However, as the recent death of Anne Heche shows us, not having a [...]

Each year, 36 million older adults fall, with one out of every five falls resulting in physical trauma, the Centers for Disease Control and Prevention report. Injuries from falls, such as hip fractures, can lead to [...]

About 19 million individuals requested an extension – until October 17, 2022 – for filing their 2021 taxes with the Internal Revenue Service (IRS). If you’re among them, there is no need to hold off [...]

On August 17, 2022, the Food and Drug Administration (FDA) authorized the sale of over-the-counter hearing aids. Devices for adults with mild to moderate hearing loss will be available in October 2022. The FDA’s rule follows President [...]

Many seniors find themselves in need of Medicaid to pay for their long-term care but are surprised to learn that their modest monthly income may disqualify them. The reason for this is that Medicaid is [...]

Older adults have access to hundreds of federal and state benefits programs. Many retirees meet the requirements for these aids, yet do not know they are eligible and miss opportunities to receive assistance. Others can [...]

Seniors who rely on Medicaid and live in nursing homes receive a personal needs allowance — a monthly stipend the Medicaid recipient can use to pay for needs that Medicaid does not cover. Medicaid restricts [...]

If you are among the more than 49 million Americans enrolled in Medicare Part D, you may feel overwhelmed by the costs of your prescription drugs from one year to the next. Proposed legislation currently awaiting review [...]

Many senior citizens may need the services of a nursing home or at-home care at some point in their life. You might assume that government assistance or health insurance will step in and cover the [...]

If your loved one is entering a nursing home, you may worry whether you could be liable for their care. Under federal law, a facility cannot require a family member or friend to co-sign an [...]

Older people may need a trusted individual to step in and manage their affairs, should they ever suffer debilitating health problems like dementia, Alzheimer’s disease, and strokes. Guardianship can provide protection and assistance with certain [...]

A child may be eligible for Social Security benefits when at least one parent qualifies for Social Security retirement, disability, or death benefits. Children receive these benefits based on their parent's work records. In 2021, the Social [...]

Individuals experiencing illnesses can benefit from having someone attend appointments with them and support their best interests. Often, close friends or family take on this role. Professional patient advocates, however, can step in when friends [...]

Nursing home evictions, or involuntary discharges or transfers, disrupt the lives of residents, leading to homelessness, separation from familial support systems, and loss of care. As federal law covers all federally funded nursing home residents, nursing home [...]

Retirement is an expensive affair, and planning for it involves managing finances even after you have left the workforce. It is commonly estimated that you should have about 70 percent to 90 percent of your [...]

With the exorbitant costs of long-term care services, which continue to rise, Medicaid has emerged as an important resource to cover the cost of a nursing home or other long-term care services. So, it can [...]

Today, more than 1.4 million individuals live in Medicare- and Medicaid-certified nursing homes across the United States. As part of an effort seeking to improve the health and safety of nursing home residents nationwide, the Centers for Medicare and [...]

Medigap premiums for plans from insurance companies offering the same benefits vary widely, so it pays to be a smart shopper. Federal law requires that each insurance company offers the same benefits for each of [...]

If medical personnel are able to access your medical history during an emergency, it could mean the difference between life and death. But if, for example, you are injured, in shock, suffering from dementia, or [...]

When it comes to retirement planning, many Americans find themselves underprepared. A majority of baby boomers (born between 1946 and 1964) and Generation X’ers (born between 1965 and 1978) often end up without retirement savings [...]

You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the [...]

An economy that is recovering from the pandemic faster than expected means that the Social Security and Medicare trustees are predicting that both programs’ trust funds will remain solvent longer than they forecast last year. [...]

If you want to pass money to future generations without having it subject to gift and estate taxes, then a dynasty trust may be right for you. A dynasty trust allows trust assets to be [...]

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged [...]

An advisory issued earlier this month warns people against using a series of adult portable bed rail models after at least three people — including one in a nursing home and another in an assisted living facility [...]

If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, the state has a legal right to recover the funds it spends on your care from a personal [...]

While Medicaid helps pay for nursing home care, getting into a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation. With the median [...]

A nursing home closure can be traumatic for residents who are forced to move. While there may not be much that can be done to prevent a closure, residents do have some rights. Moving into [...]

Is having an out-of-date will better than having no will at all? While wills do not have expiration dates, certain changes can render them useless. When this happens, having an out-of-date will can be the [...]

If your Medicare drug plan denies coverage for a drug you need, you don't have to simply accept it. There are several steps you can take to fight the decision. The insurers offering Medicare drug [...]

If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum payment option that’s worth six months of benefits. However, it comes at a cost. It is important to understand [...]

Medicare is part of the Social Security Administration (SSA), so if you need to enroll in Medicare, that’s whom you contact. But in recent months, phone lines at the SSA were experiencing major technical issues, [...]

Parents usually want to leave their children equal shares of their estate, but equal isn’t always fair. If you plan to provide more (or less) for one child in your estate plan, preparation is important. [...]

An intentionally defective grantor trust (IDGT) is a common estate planning tool that is used by wealthy families to transfer assets from one generation to the next while achieving significant tax savings. IDGTs are especially [...]

In an alarming number of instances, private Medicare Advantage plans are denying coverage for medical services that would be covered under original Medicare, according to a federal investigation.  These denials are likely preventing or delaying medically [...]

The COVID-19 pandemic has caused nursing home staffing shortages across the United States, even forcing some nursing homes to close, but some states have been hit harder than others. A new analysis looks at which [...]

In most states, spouses can purchase and own property separately from one another. However, in certain states – called community property states – if one spouse purchases property, it is considered the property of both [...]

Millions of people are affected by dementia, and unfortunately many of them do not have all their estate planning affairs in order before the symptoms start. If you or a loved one has dementia, it [...]

One important reason to have a will is to be able to name your executor (also called a personal representative). An executor is the person responsible for managing the administration of your estate after you [...]

When planning your estate it is important to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute your property after you die. Some assets [...]

Running a small business can keep you busy, but it should not keep you from creating an estate plan. Not having a plan in place can cause problems for your business and your family after [...]

If you apply for long-term care assistance through Medicaid and your application is denied, it may feel hopeless. The good news is that you can appeal the decision. Medicaid is a program for low-income individuals, [...]

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision. The biggest concern when selling property is capital gains [...]

Leaving a nursing home to return home is a goal for many residents and their families, but it requires careful consideration. While returning home is a good move for some, it won't work for everyone. [...]

If you have Medicare, you can now receive up to eight free rapid at-home Covid-19 tests a month at participating pharmacies. The free tests are available without a prescription to all Medicare beneficiaries with Part [...]

If you are about to turn 70, congratulations on reaching a big milestone.  And if you also have delayed claiming Social Security retirement benefits up till now, you are joining a select group -- only [...]

Once you've taken the step to create a will and get your estate plan in order, you need to figure out what to do with the will itself. It is important to keep track of [...]

Sports fans with season tickets may want their families to enjoy the tickets after they are gone but passing on these tickets may not be simple. Getting season tickets to your favorite sport is not always [...]

When a married couple applies for Medicaid, the Medicaid agency must analyze the couple’s income and assets as of a particular date to determine eligibility. The date that the agency chooses for this analysis is [...]

Being the executor of an estate can be a time-consuming job, depending on the size and complexity of the estate. While a simple estate can take a few months and not require a huge time [...]

Not everyone wants to take the required minimum distributions from their retirement accounts right away. If you don’t want your distribution, one option is to donate it to charity and get a tax deduction. You [...]

A Roth IRA does not have to be used as just a retirement plan; it can also be a way to transfer assets tax-free to the next generation. Unlike a traditional IRA, contributions to a [...]

Long-term care costs climbed again in 2021, with rates for home health aides and homemakers seeing the sharpest rises, according to Genworth’s annual Cost of Care Survey. The coronavirus pandemic continues to contribute to cost increases. [...]

One of the many factors to consider when setting up a trust is whether to make it a grantor trust or a non-grantor trust. While a grantor trust is more common, a non-grantor trust can [...]

Although the vast majority of Americans have estates that fall under the estate and gift tax exemption, the exemption is set to be cut in half in 2026. Proper planning may be necessary to make [...]

Medicaid applicants must prove that they have limited income and assets in order to be eligible for long-term care services. Before beginning the application process, it is helpful to understand what information you will be [...]

Naming a trust as a beneficiary of your retirement plan can be a good idea in some circumstances, but it can be dangerous if you are worried about creditors coming after your estate. There are [...]

While declining COVID-19 cases are good news, the end of the pandemic could mean millions of Medicaid recipients will lose their coverage. Federal law has prevented states from terminating Medicaid benefits while the coronavirus health [...]

When loved ones pass away, there are lots of considerations, including what happens to their Social Security. The decedent’s payments need to be stopped, but survivor’s benefits may be available to the spouse or, in [...]

Medicare beneficiaries will soon be eligible to obtain up to eight free rapid at-home Covid-19 tests per month, and, unlike their privately insured counterparts, they won’t have to pay for them upfront, the Biden administration [...]

A federal court has ruled that hospitalized Medicare beneficiaries who were switched from inpatient to observation status can appeal the decision, making it easier for them to receive coverage for subsequent nursing home care. The [...]

If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make [...]

While an inheritance is usually desired, there are some circumstances in which it might be unwelcome. If you don’t want an inheritance, you must disclaim it. Most people who receive an inheritance are [...]

Americans' ability to quickly and easily test for Covid-19 is one of the most important tools for stopping the infection’s spread.  This is why the Biden administration recently announced it is requiring private insurers to [...]

Serving as a trustee of a trust can be a huge responsibility, so trustees are entitled to compensation for their work. The amount of compensation depends on the type of trustee and the complexity of [...]

Acting as an agent under a power of attorney is a big responsibility and it isn’t something everyone can take on. It is possible to resign or refuse the position. There are two main types [...]

Overwhelmed by the stress of long hours, low pay and exposure to the COVID-19 virus, nursing home workers are quitting in record numbers. The labor hemorrhage has turned what was already a chronic staffing problem [...]

The Centers for Medicare and Medicaid Services (CMS) announced that it will add data on staff turnover rates and weekend staffing levels to its Care Compare website, giving consumers another tool when choosing a nursing home. The [...]

Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Costs can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay [...]

Pets are often regarded as a part of the family and increasingly their needs are accounted for in planning decisions. There is health insurance for pets, and most states allow for “pet trusts” to ensure that [...]

The amount you can gift without filing a tax return is increasing to $16,000 in 2022, the first increase since 2018. The federal estate tax exclusion is also climbing to more than $12 million per [...]

Elder law and estate planning serve two different--but equally vital--functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your [...]

Anyone who gifted assets within five years of applying for Medicaid may be subject to a penalty period, but that penalty can be reduced or eliminated if the assets are returned. In order to be [...]

Vaccines can become less effective over time. Even individuals fully vaccinated as children may need to update their immunizations. Medicare Parts B and D offer vaccination coverage. Medicare Part B covers shots for the flu, [...]

Is your family of the “Leave It to Beaver” variety -- opposite-gender parents, the first marriage for each, one or more kids, all healthy and thriving? If so, your estate plan will probably be pretty [...]

While everyone should have a durable power of attorney that appoints someone to act for them if they become incapacitated, in some circumstances it is not enough. In these cases, a revocable trust can help. [...]

With the fate of the estate tax exemption uncertain, you may want to use the current large exemption to transfer assets to a trust to benefit your spouse. A spousal lifetime access trust (SLAT) can [...]

The Internal Revenue Service (IRS) has announced the amounts taxpayers of different ages can deduct from their 2022 income as a result of buying long-term care insurance, and the figures are almost the same as [...]

Medicare premiums are rising sharply next year, cutting into the large Social Security cost-of-living increase. The basic monthly premium will jump 15.5 percent, or $21.60, from $148.50 to $170.10 a month. The Centers for Medicare [...]

When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level care typically provided in a nursing home. Whether you are applying [...]

Plaintiffs in a class-action lawsuit against the Social Security Administration (SSA) might describe it as an open-and-shut case. When the SSA closed its field offices at the onset of the COVID-19 pandemic, it remained open for the purposes of [...]

Limited Liability Companies (LLCs) are an important tool for small business owners, but they can also be useful in estate planning. An LLC can help you pass assets to your children while avoiding gift and [...]

The year was 1983: The U.S. invaded Granada. A gallon of gas cost 96 cents. Michael Jackson’s ‘Thriller’ video premiered. That year was also the last time that Social Security recipients saw a cost-of-living increase [...]

While it is preferable to conduct long-term care planning well in advance of needing care, if you haven’t planned ahead, there are some strategies available to avoid spending all your assets. Three so-called "half a [...]

Individuals who are researching nursing homes can now see staff and resident vaccination rates along with other quality and safety measure information at Medicare’s Nursing Home Compare website.  The official Medicare website includes a nursing [...]

The Social Security trustees are projecting that due to the economic downturn caused by the pandemic the Social Security trust fund will be depleted in 2033 -- one year earlier than the previous estimates. Once [...]

Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one for them. During Medicare's Open Enrollment Period, which runs from October [...]

As COVID-19 cases start to rise again due to the highly contagious Delta variant, nursing homes are considering requiring staff members to be vaccinated. Only 59 percent of nursing home staff are partially or fully [...]

The Senate Democrats' proposal for a $3.5 trillion spending plan includes expanding Medicare to provide dental, vision, and hearing benefits. The proposal is now being negotiated in Congress. Currently Medicare does not offer much in [...]

Studies have found that workers overestimate how much they will receive in Social Security benefits when they retire. Having a good understanding of the realities can help you plan for retirement.  Researchers from the University [...]

The U.S. Supreme Court has agreed to hear a case disputing how much states can recoup from Medicaid recipients’ settlements in personal injury cases. The decision has the potential to affect anyone who receives government [...]

The federal government has expanded access to protections for spouses of reverse mortgage holders who are not named in the loan document, allowing more such spouses the ability to stay in their home if the [...]

Medicare prescription drug (Part D) plans can have a coverage gap—called the "doughnut hole"--which limits how much Medicare will pay for your drugs until you pay a certain amount out of pocket. Although the gap [...]

For many Medicaid applicants, individual retirement accounts (IRAs) are one of their biggest assets. If you do not plan properly, IRAs can count as an available asset and affect Medicaid eligibility. Medicaid applicants can have [...]

If you are caring for a loved one at home, you may need to rent a hospital bed. Here are the ins and outs of hospital bed rentals.  The benefit of a hospital bed is [...]

The one-year deadline for nursing home residents on Medicaid to spend down their first round of stimulus checks is here, but they may have a little extra time.  In March 2020, the Coronavirus Aid, Relief, [...]

Prices of new long-term care insurance policies for 2021 have have been posted in the annual report from the American Association for Long-Term Care Insurance, an industry group. The price increases apply to new, not current policies.  Comparing the [...]

Long-term care insurance prices have suddenly skyrocketed by as much as 66 percent in one year, according to the 2021 Long-Term Care Insurance Price Index, an annual report from the American Association for Long-Term Care Insurance, an industry [...]

As the second round of stimulus checks go out, it is important to know that nursing home residents are not required to turn their checks over to their nursing home. And Medicaid recipients need to [...]

All Long-term care costs rose sharply in 2020, but assisted living facility costs increased the most, according to Genworth’s latest annual Cost of Care Survey. The across-the-board rises were due in part to increased costs brought [...]

COVID vaccines are starting to roll out to nursing homes across the country, signaling the beginning of the end of the pandemic. Once your loved one has had both doses of the vaccine, you may [...]

Many employers offer critical illness insurance as part of their benefit package. What is this insurance and is it worth purchasing? You should consider your options before paying for a plan. While a regular health [...]

As we enter the giving season, there is an additional reason to be charitable. Congress enacted a special provision that allows more people to easily deduct up to $300 in donations to qualifying charities this [...]

Life estates can be an excellent tool for Medicaid planning, probate avoidance and tax efficiency, but there are potential problems to look out for. Knowing the implications and risks of a life estate is essential [...]

Medicare premiums are set to rise a modest amount next year, but still cut into any Social Security gains. The basic monthly premium will increase $3.90, from $144.60 a month to $148.50. The Centers for [...]

As the coronavirus pandemic worsens in Utah, the state is expected to implement a health care rationing system that favors younger patients over older ones.  Similar policies in several other states have been successfully stopped. [...]

The Internal Revenue Service (IRS) has announced the amount taxpayers can deduct from their 2021 income as a result of buying long-term care insurance. Premiums for "qualified" long-term care insurance policies (see explanation below) are [...]

The Social Security Administration has announced a 1.3 percent increase in benefits in 2021, an increase even smaller than last year’s. Cost-of-living increases are tied to the consumer price index, and a modest upturn in [...]

The rules around required minimum distributions from retirement accounts are confusing, and it’s easy to slip up. Fortunately, if you do make a mistake, there are steps you can take to fix the error and [...]

Although a nursing home cannot require a child to be personally liable for their parent's nursing home bill, there are circumstances in which children can end up having to pay. This is a major reason why [...]

The coronavirus pandemic has forced nursing homes to place a number of restrictions on their residents. These constraints are having the unintended consequence of making it more difficult for nursing home residents to vote.  Hundreds [...]

The amount of Social Security benefits a surviving spouse receives depends, in part, on when their deceased spouse began claiming benefits. However, husbands usually don’t take survivor’s benefits into account when claiming benefits, according to [...]

Choosing a nursing home for a loved one is a difficult decision and it can only be made more confusing by the various rating systems. A recent study found that using both Medicare’s Nursing Home [...]

Social Security doesn't just pay retirement benefits to retired workers; in some circumstances, it also provides benefits to a worker's spouse or ex-spouse and to a deceased worker's surviving spouse. Here are the ins and [...]

The coronavirus pandemic is having a profound effect on the current U.S. economy, and it may have a detrimental effect on Social Security’s long-term financial situation. High unemployment rates mean Social Security shortfalls could begin [...]

Raising the minimum wage by as little as 10 percent would significantly improve the safety and health of nursing home residents, according to new research. Most direct care in nursing homes is provided by nursing [...]

Illegal evictions of Medicaid nursing home residents are nothing new, but the coronavirus pandemic is exacerbating the problem, according to an investigation by the New York Times. Some states have asked nursing homes to accept coronavirus patients [...]

With older Americans being most at risk from the COVID-19 coronavirus, the response to the pandemic is highlighting issues of ageism in the United States. According to experts, ageism is evident both in the response [...]

Chronic understaffing. Low-wage caregivers. Difficulty containing infections. These are problems that nursing homes faced in the best of times but that have proved especially deadly as the coronavirus pandemic has spread like wildfire though long-term [...]

Not everyone will get the relief payment the federal government is sending to help Americans through the economic hard times triggered by the coronavirus pandemic. Among those left out are seniors and adults with special needs who are [...]

The Federal Trade Commission (FTC) is warning residents of long-term care facilities and their families that some facilities may unlawfully require residents who are on Medicaid to sign over their $1,200 pandemic relief checks. “This [...]

Retirement account owners, many of whose retirement balances have been pummeled by a stock market drop due to the coronavirus pandemic, do not have to take mandatory withdrawals this year. Federal law requires individuals who were [...]

The closure of Social Security offices has caused problems and worries for recently unemployed seniors who need to apply for Medicare after losing their employer coverage. In response, the federal government has announced that seniors affected by [...]

The federal coronavirus relief bill has sent direct emergency payments to some 150 million Americans in the wake of the pandemic. Among the recipients are possibly millions of deceased individuals, raising questions about what their survivors [...]

In the wake of the coronavirus pandemic, unemployment is skyrocketing. Seniors who lose their jobs may be tempted to claim Social Security benefits early, but should they, given the resulting reduction in future benefits? The [...]

The centerpiece of the $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, is its one-time $1,200 payments to millions of eligible individuals. When can you expect your [...]

With the coronavirus pandemic hitting nursing homes and assisted living facilities especially hard, families are wondering whether they should bring their parents or other loved ones home. It is a tough decision with no easy answers. [...]

The spread of the coronavirus to nursing home residents has caused the federal government to direct nursing homes to restrict visitor access, and many assisted living facilities have done the same. While the move helps [...]

The $2 trillion economic relief package that Congress passed to help Americans deal with the devastating financial impact of the coronavirus pandemic contains some provisions that affect seniors. In addition to authorizing direct payments to [...]

To protect its workers and the public during the coronavirus pandemic, the Social Security Administration (SSA) has suspended face-to-face service to at its field offices and hearings offices nationwide until further notice. Payments to the nearly [...]

As the coronavirus spreads across the United States, nursing home residents are among the most vulnerable to the disease. How to try to ensure that your loved one stays healthy? The first thing you can [...]

Some lucky retirees split their time between two different states. Legally, you do not need separate estate planning documents for each state, but it may make sense from a practical perspective. The Constitution of the [...]

The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home. The deductions include a $60-a-month personal needs allowance (this amount may [...]

Inheriting real estate from your parents is either a blessing or a burden -- or a little bit of both. Figuring out what to do with the property can be overwhelming, so it is good [...]

The Trump administration has unveiled a plan to allow states the option to cap Medicaid spending using block grants. While this change does not directly affect nursing home residents on Medicaid and is billed as [...]

The 2020 census is starting soon, and seniors need to be counted. This may be more of a challenge this year because for the first time, the census will be completed largely online. The U.S [...]

As baby boomers age, more and more millennials are becoming caregivers. Many are taking on this role while just getting started in their own lives, leading to difficult decisions about priorities. Proper planning can help [...]

Seniors and retirees should know that they may be able to use online tax preparation software free of charge. Most low- and middle-income Americans qualify for the free help, but do not take advantage of [...]

As the population ages, the need for caregivers is growing, but more restrictive immigration policies such as those being promoted by the Trump administration could have a negative impact on a caregiving industry that is [...]

The Centers for Medicare & Medicaid Services (CMS) has released the 2020 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures. In 2020, the [...]

Can there be a more difficult job than finding a nursing home for a parent or spouse? No one wants to live in a nursing home. They serve as institutions of last resort when it's [...]

Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions due to a mental disability, the court [...]

Choosing a nursing home for a family member can be one of the most difficult decisions anyone ever has to make. The fact that a loved one needs to move to a nursing home means [...]