What is a Will? A Will, also known as a Last Will and Testament, is a document stating how your…
Amazon recently posted the following warning to customers: Stay safe from scammers this holiday season by getting to know their…
The Achieving a Better Life Experience (ABLE) Act of 2013 (S. 313/H.R.647) was introduced in the 113th Congress by a…
On December 9, 2022, the Center for Medicare Advocacy and the National Association for Home Care & Hospice announced development…
The Medicaid Spousal Impoverishment allowances are updated annually. Below are some of the annual allowance figures we've saved. The most…
The Centers for Medicare and Medicaid Services released the 2023 SSI and Spousal Impoverishment Standards. Among the highlights are the…
The Press Release below is re-posted as circulated to the Conasauga Bar Association. Our personal comments are that Judge Boyett,…
First, if someone you know shows signs of stroke, call 9-1-1 right away. A stroke is a medical emergency so don't…
Nursing home residents have the right to who they will spend time with and how they will spend it. Specifically,…
Nursing home residents have a right to refuse unnecessary transfers within the facility. Specifically, 42 C.F.R. § 483.10(e)(7) and (8)…
Nursing home residents have a right to share a room with whomever they wish as long as both residents agree.…
Nursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident…
42 C.F.R. § 483.10(e)(2) provides that the resident has a right to be treated with respect and dignity, including: (2)…
Nursing home residents have the right to visitation. Specifically, 42 C.F.R. § 483.10(f) provides that residents have the right to…
Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information…
Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information…
Nursing home residents have the right to choose his or her attending physician. The physician must be licensed to practice,…
Appendix PP provides the following additional guidance regarding treatment of residents with impaired, or potentially impaired decision-making capacity: Definitions: “Court…
Appendix PP provides the following guidance regarding a resident's right to self-administer medications as provided in 42 C.F.R. §483.10(c)(7). If…
Nursing home residents have the same right to participate in the informed consent process as any other patient. 42 C.F.R.…
Nursing home residents have a right to exercise his or her rights as a resident of the facility and as…
Nursing home residents have a right to a dignified existence, self-determination, and communication with and access to persons and services…
42 C.F.R. § 483.5 defines the following terms: Abuse Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or…
Nursing homes, also called skilled nursing facilities, provide a wide range of health and personal care services. Their services focus…
Cash and Accounts Monetary resources can typically be liquidated within 20 days. These include cash, savings accounts, checking accounts, money…
One of the issues families consider as loved ones age is whether an elder is susceptible to financial elder abuse.…
Government Bonds are debt instruments issued by a government entity. The most common form of government bond owned by a…
General Rule One vehicle of any value is exempt. If the applicant has more than one vehicle, then the most…
The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…
POMS SI 01120.010 provides that an individual must have some form of ownership interest in property in order for the…
Today the Office of Financial Research announced that it added a third data source to it's Financial Instrument Reference Database.…
In Georgia, O.C.G.A. 53-7-40 provides that claims are paid in the following order: Unless otherwise provided by law, all property…
Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1). They…
It really doesn't help to worry. The simple answer is "don't do it." In Matthew 6: 25-34, Jesus said: Take…
Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…
MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…
As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…
Income and resources are treated differently. Unlike resources, income is not pooled in determining eligibility; the Community Spouse’s separate income…
In Dullard v. Minnesota Department of Human Services, 529 N.W.2d 438, 443 (Minn. App. 1995), Minnesota was allowed to reevaluate…
Some couples might consider reducing the size of the marital estate by giving their resources away. Frequently this is the…
Federal law protects the healthy (or healthier) spouse of a nursing home resident. The healthier spouse is known in Medicaidland…
The following the committe report for the Medicare Catastrophic Coverage Act of 1988 (MCCA): The leading cause of financial catastrophe…
While nursing home bills accrue, the healthy or well spouse, known as the “Community Spouse,” [Note 1] struggles to identify…
If you agree to file a client's Medicaid application as part of your representation, here are a few practical considerations.…
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…
In States where Medicaid disability determinations are performed by the Social Security Administration, the eligibility rules cannot be more restrictive…
Medicare is a nationwide health insurance program for individuals aged 65 and over and certain disabled individuals. The basic Medicare…
On December 8, 2003, the President signed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, P.L. 108-173. On…
The Children’s Health Insurance Program (CHIP) was created in 1997 to give health insurance and preventive care to nearly 11…