Long Term Care

26 Oct CMS BANS PRE-DISPUTE “BINDING” ARBITRATION CLAUSES IN NURSING HOME ADMISSIONS CONTRACTS – BUT WILL IT STAND?

Posted at 20:15h in Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

Most trial attorneys would say that plaintiffs are likely to receive more damages if they sue and have a right to a jury trial than if they are bound by arbitration. As a result, nursing homes and similar facilities routinely require that patients or their...

30 Sep TRUMP PROPOSES BENEFITS FOR ELDER CARE AND ADULT DEPENDENTS

Posted at 21:55h in Long Term Care, Michael Cohen Dallas Elder Lawyer

Presidential nominee Donald Trump introduced a plan that possibly could be beneficial to elders. One proposal would be to change the tax code to permit a tax deduction (for those who provide for elderly parents) up to average cost of care in the state. Individuals...

07 Sep WHAT DO YOU MEAN I CAN’T SAVE MY HOME IF A POWER OF ATTORNEY IS USED?

Posted at 09:02h in Beneficiary, Disability Benefits, Estate Planning, Financial Powers of Attorney, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Retirement, Trusts

One of the most common misconceptions is that a Power of Attorney will be recognized by all financial institutions and title companies. Due to concerns about abusive actions of agents and potential liability, financial institutions and title companies often do not recognize financial Powers of...

09 Jun WHAT IS A MILLER TRUST?

Posted at 09:14h in Beneficiary, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Social Security, Trusts

**Please note that the Medicaid income and asset limitations are subject to change, please click here for 2018 Medicaid Numbers** Although “Miller” or “Qualified Income” Trusts have been around for over twenty years (this author has been doing them since they were first approved in Texas in...

21 Apr Credit for Caring Act proposed by Congress

Posted at 09:13h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

In an effort to help family caregivers who take care of a family member (whether young or old) needing care at home and to give an incentive for the caregiver to work at least part-time (earned income in excess of $7,500 in a year), both...

17 Mar How to Stop a Parent from Driving

Posted at 08:35h in Elder Justice, End of Life Care Planning, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Special Needs

Although many older drivers actually have a better safety rating than younger drivers, it is a common concern that a parent might endanger himself or herself as well as others if the keys to the car are not taken. People are living longer – so...

03 Mar How to Protect Your Pet if you Die or Become Disabled

Posted at 09:29h in Disability Benefits, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Trusts

Although most think of outlandish cases when giving or caring for a pet such as when Leona Helmsley left $12 million (which the court subsequently reduced to $2 million) of her $4.8 billion estate in a pet care trust for her dog “Trouble”, there are...

21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

Posted at 10:12h in Assisted Living, Elder Justice, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

At the present time, most nursing homes require residents or their “responsible party” to sign a nursing home admission agreement which binds the resident to arbitration instead of giving them the right to sue the facility if the facility is either negligent or is in...

11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

Posted at 16:42h in Beneficiary, End of Life Care Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security

The House of Representatives has a proposed bill (HR 1771) that would change long established rules for the use of single premium immediate annuities in planning for the protection of a well-spouse (commonly referred to as the “community spouse”) if his or her spouse needs...

14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER

Posted at 06:00h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement

Due to a recent interpretation of the term “annuity” by the Texas Health and Human Services Commission, Medicaid coverage (such as payment of nursing home care costs and drugs) for an applicant with an IRA just became easier. Retirement accounts, such as an IRA or...

26 Aug WHITE HOUSE CONFERENCE ANNOUNCES ACTIONS FOR ELDER JUSTICE & ABUSE PREVENTION

Posted at 06:00h in Elder Justice, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Quality of Life

On July 13, 2015, major efforts for elder justice and prevention of elder abuse were announced at the White House Conference on Aging including: The Centers for Medicare and Medicaid Services will update and improve the quality and safety requirements of the nation’s nursing homes...

12 Aug ALZHEIMER’S DISEASE: TEEN DEVELOPS DIAGNOSIS TEST

Posted at 06:00h in Alzheimer’s, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer

Although at the present time Alzheimer’s disease is determined by looking at the brain after death or through a series of tests, a 15 year old boy from England has developed a potential test of detection well before (as much as 10 years) symptoms appear. The...

29 Jul LONG-TERM CARE FACILITIES: REQUIRED TO REQUEST COPY OF GUARDIANSHIP ORDERS

Posted at 06:00h in Assisted Living, Estate Planning, Guardianship, Long Term Care, Nursing Home

As of September 1, 2015, nursing homes and assisted living facilities must make a reasonable effort to request a copy of any court order appointing a guardianship of a resident or resident’s estate from the resident’s nearest relative or the person responsible for the resident’s...

31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

Posted at 06:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

It is anticipated that the Texas Medicaid transfer penalty divisor will be increased to the rate of $162.41 for those who apply for long-term care Medicaid on or after September 1, 2015. Under the long-term care Medicaid Rules, it is presumed that if an applicant...

27 Mar Long-Term Care Insurance Continues to Increase

Posted at 06:00h in Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

According to the 2015 Long-Term Care Insurance Price Index, long-term care insurance premiums increased approximately 8.6% in year 2014 as a result of higher claim costs and low interest rates. In year 2015, approximately $7.5 billion was paid in claims. The American Association for Long-Term...

23 Mar Assisted Living Facility Pays For Unlawful Confinement

Posted at 06:00h in Assisted Living, Estate Planning, Long Term Care

Assisted Living Facility Pays $750,000 for Unlawful Confinement to Estate of "Kung Fu" Judge A New York assisted living facility which was alleged to have kept former Brooklyn judge John Phillips confined to its facility against his will for 8 months prior to his death and...

13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

Posted at 06:00h in Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

The Veteran’s Administration has proposed new rules for eligibility for VA pensions and the Aid and Attendance benefit which are often used by wartime Veterans or their surviving spouses to help pay for the cost of care such as assisted living facilities and nursing homes....

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

Posted at 01:09h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home

Since the passage of the Deficit Reduction Act of 2005 signed on February 8, 2006 (“DRA”), many Texas elder law attorneys have used a transfer planning option (often referred to as “reverse half-a-loaf”) to save at least 50% of the countable resources of a Medicaid...

Medicaid Services

Long Term Care

26 Oct CMS BANS PRE-DISPUTE “BINDING” ARBITRATION CLAUSES IN NURSING HOME ADMISSIONS CONTRACTS – BUT WILL IT STAND?

30 Sep TRUMP PROPOSES BENEFITS FOR ELDER CARE AND ADULT DEPENDENTS

07 Sep WHAT DO YOU MEAN I CAN’T SAVE MY HOME IF A POWER OF ATTORNEY IS USED?

21 Apr Credit for Caring Act proposed by Congress

17 Mar How to Stop a Parent from Driving

03 Mar How to Protect Your Pet if you Die or Become Disabled

21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER

26 Aug WHITE HOUSE CONFERENCE ANNOUNCES ACTIONS FOR ELDER JUSTICE & ABUSE PREVENTION

12 Aug ALZHEIMER’S DISEASE: TEEN DEVELOPS DIAGNOSIS TEST

29 Jul LONG-TERM CARE FACILITIES: REQUIRED TO REQUEST COPY OF GUARDIANSHIP ORDERS

31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

27 Mar Long-Term Care Insurance Continues to Increase

23 Mar Assisted Living Facility Pays For Unlawful Confinement

13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

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Medicaid Services

Long Term Care

06 Dec 2017 PROTECTED RESOURCE AMOUNT INCREASE – GOVERNMENT HELPS PAY NURSING HOME COST

26 Oct CMS BANS PRE-DISPUTE “BINDING” ARBITRATION CLAUSES IN NURSING HOME ADMISSIONS CONTRACTS – BUT WILL IT STAND?

30 Sep TRUMP PROPOSES BENEFITS FOR ELDER CARE AND ADULT DEPENDENTS

07 Sep WHAT DO YOU MEAN I CAN’T SAVE MY HOME IF A POWER OF ATTORNEY IS USED?

09 Jun WHAT IS A MILLER TRUST?

21 Apr Credit for Caring Act proposed by Congress

17 Mar How to Stop a Parent from Driving

03 Mar How to Protect Your Pet if you Die or Become Disabled

21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER

31 Oct GOVERNMENT PAID HOME CARE NOW EASIER TO GET

26 Aug WHITE HOUSE CONFERENCE ANNOUNCES ACTIONS FOR ELDER JUSTICE & ABUSE PREVENTION

12 Aug ALZHEIMER’S DISEASE: TEEN DEVELOPS DIAGNOSIS TEST

29 Jul LONG-TERM CARE FACILITIES: REQUIRED TO REQUEST COPY OF GUARDIANSHIP ORDERS

31 Mar Medicaid Transfer Penalty Divisor to Be Increased in Year 2015

27 Mar Long-Term Care Insurance Continues to Increase

23 Mar Assisted Living Facility Pays For Unlawful Confinement

13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY