Author: Michael B. Cohen

25 Sep SUCCESS STORY OF THE MONTH

Posted at 11:00h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Success Story of the Month, Taxes, Wills

Mr. and Mrs. Smith (the names have been changed for confidentiality reasons) had the unusual situation where both of them had to go into a nursing home at approximately the same time. Neither Mr. nor Mrs. Smith has long-term care insurance. Both could live a...

18 Sep NURSING HOMES BENEFIT FROM RULE CHANGE – BUT WILL THE CONSUMER?

Posted at 12:00h in Assisted Living, Dementia, Elder Justice, Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

The Trump administration has announced that it will undo the rule originally issued by the Obama administration that prevented nursing homes from requiring residents or their representatives to resolve disputes by arbitration (instead of being able to sue) as a condition of admission to the...

11 Sep NEW STUDY: EARLY DETECTIONS OF ALZHEIMER’S DISEASE THROUGH EYE SCREENING

Posted at 11:00h in Alzheimer’s, Michael Cohen Dallas Elder Lawyer

Data has suggested amyloid accumulation in the retina is an early event in Alzheimer’s disease. The inexpensive screening could be determined by giving a patient a pill of Curcumin (found in turmeric) as a fluorescent to light up the toxic amyloid protein deposits in...

04 Sep 10 WAYS TO PROTECT MY HOME (OR SALES PROCEEDS) FROM MEDICAID ESTATE RECOVERY

Posted at 11:00h in Asset Protection, Disability Benefits, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Transfer of Death, Trusts, utma

Although most Texas homes are a non-countable resource (if equity is under $603,000 as of January 1, 2021 if you are single, unlimited if you are married for Medicaid applicants) for long-term care Medicaid eligibility purposes, the state usually has a right to make a claim against the Medicaid recipient’s estate after...

21 Aug WILL NEW LAW RESULT IN INCREASED ACCEPTANCE OF DURABLE POWERS OF ATTORNEY?

Posted at 11:00h in Business, Estate Planning, Financial Powers of Attorney, Guardianship, Lawsuits, Power of Attorney

Many are surprised that financial powers of attorney do not have to be recognized by others including banks and other financial institutions. If the principal (the one who signs the power of attorney) becomes incompetent and the one who is presented with and asked to...

14 Aug SPEECH PATTERNS COULD REVEAL MENTAL DECLINE

Posted at 11:00h in Alzheimer’s, Long Term Care, Short Term Care

Recent research indicates a change in speech such as more pauses, verbal changes, and filler words could be a signal of early mild cognitive impairment. If this study is accurate (and it is the largest one done for this purpose), it could be an...

07 Aug NEW LAW MAKES IT EASIER TO TRANSFER TITLE TO VEHICLES ON DEATH

Posted at 12:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Nursing Home, Probate Administration, Transfer of Death

As of September 1, 2017, it will be easier in Texas to transfer the title of motor vehicles on an owner’s death. Similar to the Transfer on Death Deed law passed in the state legislative session two years ago whereby real estate can be transferred...

24 Jul I-PAD APPS HELP THOSE WITH ALZHEIMER’S DISEASE

Posted at 11:02h in Alzheimer’s, Dementia, Michael Cohen Dallas Elder Lawyer, Music

According to preliminary research results, computer apps on i-Pads and other electronic devices could help those with Alzheimer’s disease and those inflicted with other forms of dementia who often become agitated as a result of the disease. Previously it has been determined that art therapy,...

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

Posted at 11:00h in Estate Planning, Guardianship, Michael Cohen Dallas Elder Lawyer, Power of Attorney

Did you ever hear of a story where there was no access to electronic pictures or Facebook or have access to an online bank account of a loved one who has died or become mentally disabled? On June 1, 2017, Governor Abbott signed into law...

10 Jul THE TIMES THEY ARE A CHANGIN’ – PLANS AVAILABLE TO MODIFY ESTATE PLANNING IF LAWS CHANGE

Posted at 11:00h in Divorce, Estate Planning, Michael Cohen Dallas Elder Lawyer

Do you think the state legislature will pass laws that may change your existing estate planning documents? Do you think there may be tax reform? Do you think culture may change through changes in electronic communication or social media which may be considered a digital asset? Do you...