Many people believe Medicare will pay for their long-term care costs. That’s not true. Medicare will pay for UP TO 100 days if you had a qualifying hospital stay, if you are discharged to a nursing home for skilled therapy, and then only while you’re receiving skilled therapy. See Center for Medicare Advocacy, Medicare Skilled […]
The Centers for Medicare and Medicaid Services (CMS) discusses different parts of Medicare.
The Administration for Community Living announced that it will host a Medicare Virtual Fair on Wednesday, June 23, 2021 Open 3:00-7:00 PM ET. Agenda and Registration (available in English and Spanish) This virtual fair is for people turning 65, retiring, or joining Medicare because of a disability. Learn about Medicare and all its parts to help […]
A forthcoming article was reviewed in WILLS, TRUSTS, & ESTATES LAW eJOURNAL, Sponsored by The American College of Trust and Estate Counsel (ACTEC) Foundation, Vol. 17, No. 10: Apr 29, 2021. The article recognizes that much in the field of Wills is obsessed with pre-determining the outcome of potential litigation. It centers on an empirical […]
The Massachusetts Supreme Court recently limited Medicaid estate recovery claims to three years as discussed in the following video:
Certified Elder Law Attorney, Amos Goodall, published an article in the Centre Daily Times on Protecting Yourself from a Guardian. It includes several practical steps you can take in advance to prevent fiduciary abuse.
The following resources appeared in a post by the Consumer Financial Protection Bureau sent at 04/26/2021 12:00 PM ED. We are re-posting them for your convenience. Misadventures in Money Managament (MiMM): MiMM is a virtual learning experience that fills a critical gap in financial education topics for all servicemembers. The training uses the style of […]
The Kaiser Family Foundation published a fact sheet indicating that Medicaid spending is concentrated on the elderly and individuals with special needs. “Seniors and people with disabilities make up 1 in 4 beneficiaries but account for almost two-thirds of Medicaid spending, reflecting high per enrollee costs for both acute and long-term care.” “Medicaid is low-cost […]
In April, 2021, Justice in Aging, the Western Center on Law & Poverty, the National Academy of Elder law Attorneys (NAELA), the National Health Law Program, and the California Association for Nursing Home Reform submitted an issue brief to Congress calling for an end to Medicaid Estate Recovery. A NAELA Press Release dated April 16, […]
This video originally aired on June 5, 2013. The description states that Elder abuse often goes unnoticed. The most common types of elder abuse include financial and physical abuse, in addition to negligence. Sadly, more often than not, family and friends perpetrate this abuse.
This is a five episode conference on shared decision-making, produced by the Stanford Geriatric Education Center in 2015.
In 2012, PBS interviewed Phil Galewitz of Kaiser Health News. At that time, he said Medicaid consumes 10% of the federal budget and about 25% of each State’s budget. In that regard, not much has changed. If a State wants to cut taxes, or expand other programs, the Medicaid program is an easy target for […]
The Veterans Health Administration has posted a video series called Gerofitexercise. https://www.youtube.com/hashtag/gerofitexercise This seven episode series features different low-impact exercises designed to keep you healthy and fit. We’ve posted one below so you can check it out.
The UCLA Alzheimer’s and Dementia Care Video series provides viewers with practical tools you can use in a variety of settings to create a safe, comfortable environment both for the person with dementia and the caregiver. To learn more about the UCLA Alzheimer’s and Dementia Care, visit https://www.uclahealth.org/dementia/com. See entire training series at https://www.youtube.com/playlist?list=PLSdlEEZ00_Q5IrbR4_K3i1qFQ5-GxiIjD.
If you’re trying to stay current on the law, you can sign up for email alerts from Justia, or you can search their blogs or topic oriented facebook pages. For example, check out their Public Benefits Blog or their Georgia Law Updates Facebook Page. To receive the summaries, subscribe by email at daily.justia.com. You can […]
Trust Company Bank was named trustee of a trust created by Nancy Cooper in 1968. The trust provided that the settlor had no right to alter, amend, or revoke the trust. Nonetheless, she attempted to revoke the trust in 1985. The bank filed a declaratory judgment action because it believed the trust was irrevocable. Cooper […]
In 1977, Collins took a judgment against Hunt for $300,000. Collins then sought to enforce the judgment against a Louisiana trust created in 1941; Henderson was the trustee and Hunt was a beneficiary. Both Hunt and Henderson took the position that the trust was not subject to the judgment. The trial court disagreed and ordered […]
A trust sought direction concerning whether it was required to pay for private school tuition. A grandfather established a trust for the support, maintenance and education of his minor grandchildren. Later, when his son divorced, the son asked the trust to pay his children’s tuition. The former wife responded on behalf of the children, contending […]
In Alexander v. Choate, 469 U.S. 287 (1985), the State of Tennessee reduced from 20 to 14 the number of inpatient hospital days it would reimburse for Medicaid beneficiaries. A class action was brought under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), claiming the limitation would have a disproportionate effect […]
In Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), an ERISA plan bought an action to recover funds paid to settle an MVA involving Janette Knudson. The plan spent $411,157.11 on Janette’s medical expenses; all but $75,000 was paid by Great-West under a stop loss agreement. The plan included a reimbursement […]
In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds were distributed to the Sereboffs without first satisfying an ERISA lien. The ERISA plan sued for injunctive relief, requesting a temporary restraining order and preliminary injunction requiring the couple to retain and set aside at […]
42 U.S.C. § 1396 et seq. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-XIX 42 U.S.C. § 1396p https://www.law.cornell.edu/uscode/text/42/1396p 42 U.S.C. § 1396r-5 https://www.law.cornell.edu/uscode/text/42/1396r-5 42 C.F.R. Part 431 https://www.law.cornell.edu/cfr/text/42/part-431 42 C.F.R. Part 435 https://www.law.cornell.edu/cfr/text/42/part-435 42 C.F.R. Subchapter C https://www.law.cornell.edu/cfr/text/42/chapter-IV/subchapter-C 20 CFR 416.1110 et seq. (SSI – Income) https://www.ssa.gov/OP_Home/cfr20/416/416-1100.htm 20 CFR 416.1201 et seq. (SSI – Resources) https://www.ssa.gov/OP_Home/cfr20/416/416-1201.htm Program Operations Manual System https://secure.ssa.gov/apps10/ […]
“With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a generous funding boost for home- and community-based care as an alternative to institutionalizing disabled people.” However, funding for the current bill is temporary, “raising concerns it will have just fleeting impact…” For the full story, […]
This case presents the question whether a trust created with reference to the Federal Medicaid statutes — the Valerie R. Pecce Supplemental Needs Trust (2001 trust) — should be reformed due to mistake. According to the petitioner, Gino DiGiacomo, the 2001 trust incorrectly and unnecessarily provides that trust assets must first be used to reimburse […]
Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws ever enacted. Even Judges have difficulty understanding it. What follows are a few quotes from court decisions: “The Social Security Act is among the most intricate ever drafted by Congress. Its Byzantine construction, as Judge […]
The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance to pay for the care. The estate’s personal representative allowed $ 63,880 as a claim against the estate but disallowed $ 44,533. The county contended that it was entitled to full recovery because the value […]
Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community. In each case, the Community Spouse was the beneficiary of a Community Spouse Annuity Trust (“CSAT”). Some institutionalized spouses had been denied Medicaid, while others had applications pending. The Plaintiffs challenged the State’s treatment of […]
Guardians of two nursing home residents brought suit contending that the State erred by beginning a transfer penalty on the first day of the month after a transfer, rather than on the month of the transfer. The Court found the claims barred by the Eleventh Amendment. It dismissed the remainder of the Complaint for failure […]
Hazel Wilson and her husband executed and funded a revocable living trust in 1991. The trust became irrevocable at her husband’s death in 1998, forming an A/B trust. Hazel had access to the principal and income from trust A, but only the income from trust B. In 1999, Hazel transferred $636,638 in property to her […]
Sonya Lotzer and Bobbi Lerud were in separate collisions. After settling their negligence claims, they funded special needs trusts without first paying Medicaid liens asserted by the State of Minnesota. Norwest Bank filed a declaratory judgment action alleging that Medicaid’s right to recover is deferred until the beneficiary’s death where a third party recovery is […]
A tort plaintiff sought to fund his special needs trust without first repaying the Medicaid lien. Citing Norwest, the Court concluded that 1396p(d)(4) does not alter Medicaid’s right to recover on its lien prior to funding a special needs trust. The recipient’s rights against the third-party tortfeasor were assigned when he applied for and received […]
A 51 year old nursing home resident assigned her Social Security Disability check to a special needs trust. She then argued that the SSD payment was not subject to Medicaid’s co-pay requirement. The Department rejected her argument, requiring that she pay her SSD (less her personal needs allowance) toward the cost of nursing home care. […]
Carl Bergman had an annuity account which he transferred to his wife after he was admitted to a nursing home. After Lucille, his wife, was diagnosed with cancer, she gifted those assets to their children. Following Lucille’s death, the State filed an estate recovery claim in Lucille’s estate relating to payments made for Carl’s care. […]
Prior to his death, Harold Ullmer was on Medicaid. At his death, Harold and his wife, Agnes, owned their home in joint tenancy. Agnes continued to reside in the home. The State recorded a notice of lis pendens against the property, and filed a petition seeking to impose a lien in the amount of $144,475.76 […]
Beverly Tutinas’s husband, Julian, was on Medicaid, but she was not. When Beverly died owning a home valued at $69,641.89 and a car worth $2,000, the state of Illinois filed a claim against Beverly’s estate, seeking to recover what Medicaid had invested in Julian’s care. The court found that, although the state clearly had a […]
Seeking to increase the Community Spouse Resource Allowance (CSRA), the Staffords conveyed their home to a trust. After Mr. Stafford was institutionalized, the trust conveyed the home to Mrs. Stafford. The purpose of the transaction was to make the home countable during the resource assessment, thereby increasing the value of the marital assets; in Idaho […]
Robert and Josephine James were married when Robert went to the nursing home. A resource assessment was done and Medicaid determined they had $278,343 in available resources. To reduce their assets, Josephine purchased a $250,000 single premium immediate irrevocable annuity from General Electric Assurance Company. She then purchased a new vehicle for $8,550 and filed […]
(a) For purposes of this Code section, the term “property” includes any interest in property and any power over or right with respect to the property. (b) Any person to whom an interest in property is transferred or who succeeds to property by contract or by operation of law may renounce the property in whole […]
(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent’s estate and to serve as a personal representative or trustee of the decedent’s estate or any trust created by the decedent. For purposes of this Code […]
O.C.G.A. § 53-1-10. Lifetime transfers (a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift. (b) A […]
(a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must act by their unanimous action; provided, however, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal […]
O.C.G.A. § 53-5-60. Short title his article shall be known and may be cited as the “Uniform Transfer on Death Security Registration Act.” O.C.G.A. § 53-5-61. Definitions As used in this article, the term: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of […]
(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when: […]
O.C.G.A. § 53-2-50 As used in this article, the term “escheat” is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise. O.C.G.A. […]
(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent’s heirs at law, subject to divestment by the appointment of an administrator of the estate. (b) The title to all […]
O.C.G.A. § 53-1-2. Definitions (1) “Administrator” means any person appointed and qualified to administer an intestate estate, including an intestate estate already partially administered by an administrator and from any cause unrepresented. (2) “Administrator with the will annexed” means any person, other than an executor, appointed and qualified to administer a testate estate, including a […]
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