Elder Law

The Dignity AccountThe Dignity Account

The Dignity Account

One of the issues families consider as loved ones age is whether an elder is susceptible to financial elder abuse.…

3 years ago
Government Bonds and MedicaidGovernment Bonds and Medicaid

Government Bonds and Medicaid

Government Bonds are debt instruments issued by a government entity. The most common form of government bond owned by a…

3 years ago
Vehicles and MedicaidVehicles and Medicaid

Vehicles and Medicaid

General Rule One vehicle of any value is exempt. If the applicant has more than one vehicle, then the most…

3 years ago
Uniform Partition of Heirs Property ActUniform Partition of Heirs Property Act

Uniform Partition of Heirs Property Act

The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…

3 years ago
POMS Provisions Regarding Property RightsPOMS Provisions Regarding Property Rights

POMS Provisions Regarding Property Rights

POMS SI 01120.010 provides that an individual must have some form of ownership interest in property in order for the…

3 years ago
Priority of claims against a decedent’s estatePriority of claims against a decedent’s estate

Priority of claims against a decedent’s estate

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…

3 years ago
Property RightsProperty Rights

Property Rights

Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1).  They…

3 years ago
Divorce and the Community SpouseDivorce and the Community Spouse

Divorce and the Community Spouse

Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…

3 years ago
Seeking Adjustments to the CSRA or MMMNASeeking Adjustments to the CSRA or MMMNA

Seeking Adjustments to the CSRA or MMMNA

MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…

3 years ago
Post-Eligibility Treatment of the Institutional Spouse’s IncomePost-Eligibility Treatment of the Institutional Spouse’s Income

Post-Eligibility Treatment of the Institutional Spouse’s Income

As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…

3 years ago