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elder law resources - ABLE Accounts

The Build Back Better Act passed the U.S. House of Representatives on Friday, November 19, 2021 on a mostly party-line vote. The White House describes the key provisions as: It lowers your costs to save you money on things like prescription drugs and health care and housing. It gets Americans back to work by providing […]

Attorneys are certified as Certified Elder Law Attorneys by the National Elder Law Foundation. NELF lists the criteria for being certified on its website at the following link: Qualifications Summary. The following Tennessee attorneys have been certified by NELF. Amelia G. Crotwell 903 N Hall Of Fame Dr., Knoxville, Tennessee 37917-6748 (865) 951-2541 Website Henry D. Fincher […]

The U.S. Department of Housing and Urban Development (HUD) administers a number of programs to assist low-income families, older adults and individuals with special needs to secure safe and affordable housing. One of those programs is the Section 8 Rental Certificate Program. The Section 8 Rental Certificate program increases affordable housing choices for very low-income […]

Georgia State Medicaid Plan - Rules of Evidence

The procedure commonly referred to as a “1013” is governed by O.C.G.A. Title 37, Chapter 3 (§ 37-3-41 et seq).* The procedure applies to individuals who present a substantial risk of imminent harm to himself, herself or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability […]

An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult’s medical records the following: (1) The adult is unable to consent for himself or herself; and (2) It is the physician’s belief that it is in […]

estate planning

Gifting is usually a last resort when creating a Medicaid Plan. The reason is gifts trigger a transfer of resources penalty. The Medicaid Transfer Penalty Worksheet can be used to calculate the penalty, but an additional worksheet is helpful when calculating the amount of income a Medicaid applicant must generate to private pay through the […]

Georgia State Medicaid Plan - Rules of Evidence

News Sources: Elder Law Attorney Daniel Tully has 9 questions you should ask before you or a loved one goes into a nursing home Elder Law Attorney Janet Colliton answers “Where is home when you have more than one?” Social Security proposal would raise revenue and temporarily enhance benefits Nursing homes can now lift most […]

elder law resources - ABLE Accounts

In 2022, the annual gift tax exclusion will increase from $15,000 to $16,000 per recipient. In 2022, the estate and gift tax exemption will increase from $11.7 million to $12.06 million per taxpayer. See IRS provides tax inflation adjustments for tax year 2022. See also IRS Announces Increased Gift and Estate Tax Exemption Amounts Also […]

Federal regulations require Medicaid agencies to afford individuals the opportunity to apply for Medicaid without delay. 42 CFR § 435.906. An application may be filed on the internet, by telephone, by mail, in person and through other commonly used electronic means. 42 CFR § 435.907. All applications must be signed under penalty of perjury. 42 […]

Sometime people assume monthly income counts toward the $2,000 resource limit. Assets (anything of value) are either income or resources. ” An asset cannot be considered income and a resource during the same month.” Georgia ABD Manual 2300-1 and 2300-2.  See also POMS SI 01110.600 B.3.This confuses many people because they are trying to keep bank […]

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