Medicaid’s estate recovery claim is essentially a creditor’s claim allowing the State to recover medical assistance paid on behalf of recipients of long-term care Medicaid. Authority for the claim is found at 42 U.S.C. § 1396p(b). The claim is limited to the applicant’s estate, although State laws vary regarding what the estate looks like. As shown […]
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Children with special needs have a right to a free appropriate public education (FAPE) in the least restrictive enironment. Information regarding the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 is available at Parent2Parent of Georgia and the U.S. Department of Educations’s IDEA website. Because I know him, […]
The following articles relating to Elder Care, Elder Law and Special Needs were found during the week of July 29, 2022: Health Related Articles: Barriers to and facilitators of ethical encounters at the end of life in a nursing home: an ethnographic study Home‐ and community‐level predictors of social connection in nursing home residents: A […]
The IRS says “it depends.” Different situations have different limitations periods (e.g., how long the IRS can go back to second-guess what you did). The following is a list of general guidelines based on current (7-21-2022) advice: Keep records for 3 years if situations (4), (5), and (6) below do not apply to you. Keep […]
Let’s assume Betty, a widow, will go to a Georgia nursing home in the near future (using 2022 eligibility rules and limits) and has the following resources: A home A retirement account A CD designated for burial in the amount of $14,000 One vehicle Savings of $15,000 Checking of $1,600 In addition to her resources, […]
A free webinar for civil attorneys and legal advocates was recently announced. It is presented by the National Clearinghouse on Abuse in Later Life (NCALL) and the American Bar Association Commission on Domestic & Sexual Violence (ABA CDSV) and sponsored by the U.S. Department of Justice, Office on Violence Against Women (OVW). All webinars will be held from 1-2:30 p.m. […]