Michael Cohen Dallas Elder Lawyer |

10 Jul COURT: LAWYER INCOMPETENT FOR ADVISING CLIENT TO ACT BEYOND AUTHORITY UNDER POWER OF ATTORNEY

Posted at 14:54h in Estate Planning, Financial Powers of Attorney, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Trusts

A court has ruled an attorney was incompetent for advising his client, who was acting as agent for his brother pursuant to a power of attorney, to transfer assets to himself notwithstanding a lack of authority. Most people think (apparently, including some attorneys) that a...

10 Jul SUCCESS STORY OF THE MONTH – LADYBIRD DEED INTO PET TRUST IS CATS’ MEOW

Posted at 13:55h in Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Planning, Success Story of the Month, Transfer of Death

The goal of a self-proclaimed “cat lady”, who is on Medicaid, is to make sure her 14 cats are adequately cared for after her death. However, her only assets are her home, car and a small bank account. Her home and car are “non-countable” resources...

04 Jun SUCCESS STORY OF THE MONTH – PROTECTING THE LOAN ON PARENTS’ HOME FROM MEDICAID ESTATE RECOVERY – LADYBIRD TO THE RESCUE

Posted at 19:44h in Asset Protection, Divorce, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Success Story of the Month, Taxes, Transfer of Death, Wills

Parents own homestead as their major asset. Their health is beginning to decline, and neither of them have long-term care insurance or enough income or assets to pay for long-term care. As a result, if either of them needs long-term care, Medicaid is likely to...

04 Jun TEXAS COURT RULES AGAINST PENALIZING INCAPACITATED MEDICAID APPLICANT IF NO REPRESENTATIVE APPOINTED

Posted at 14:37h in End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security

On May 24, 2019, a Texas appeals court ruled that if an incapacitated Medicaid applicant does not have a guardian appointed, then the resources of the applicant should be considered unavailable for Medicaid eligibility purposes. Usually, the cost of long-term care (such as a nursing...

03 Jun COURT RULES CAREGIVER DAUGHTER COMPENSATION RESULTS IN MEDICAID TRANSFER PENALTY

Posted at 09:00h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement

Under federal long-term care Medicaid laws, there is a presumption of “guilt” if there is an uncompensated transfer within five (5) years of an application for long-term Medicaid (which helps pay for institutional care, drugs, etc.) since long-term care is “means-tested” In other words, the...

01 May IS “BIG BROTHER” WATCHING FACEBOOK OF APPLICANTS FOR DISABILITY BENEFITS?

Posted at 15:31h in Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

Although the Inspector General of the Social Security Administration has monitored social media such as Twitter and Facebook since 2014 to determine if there is fraud by those who receive public disability benefits such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI),...

01 May SUCCESS STORY OF THE MONTH

Posted at 15:05h in Dementia, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Social Security, Success Story of the Month, Transfer of Death, Trusts

Client, a 78 year old widow in the early stages of experiencing dementia, creates an irrevocable trust which gives her the right to occupy her homestead which was deeded into the trust. Her goal was to save her homestead (or the proceeds therefrom if sold...

11 Apr DILEMMA FOR SOME DISABLED – ARE YOU READY, WILLING FOR ABLE? PROS AND CONS OF SPECIAL NEEDS TRUSTS VS ABLE ACCOUNTS

Posted at 19:47h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Special Needs, Special Needs Trust, Trusts, utma

The federal law called the Achieving a Better Life Experience (ABLE) Act gives some people with disabilities or their families to establish a tax-free savings account that will not count as a resource for Medicaid eligibility (which is “means-tested”). For an adult disabled person who...

11 Apr CASE OF THE MONTH – DOOR #1 OR DOOR #2?

Posted at 19:30h in End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Transfer of Death

Dad, a nursing home resident in a facility that accepts Medicaid, owns highly appreciated out of state real estate that has been in the family for decades and approximately $100,000 of cash. The goals are to protect the real estate, have governmental assistance in paying...

11 Apr PROPOSED NEW LEGISLATION: ONE MORE WAY TO DETERMINE STATUTE OF LIMITATIONS FOR GOVERNMENT TO MAKE CLAIM AGAINST YOUR HOME

Posted at 19:26h in Assisted Living, Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Transfer of Death, Trusts, Wills

Although there are numerous ways to avoid a successful claim for estate recovery by the state government for Medicaid benefits (such as long-term care in a nursing home, assisted living facility or care at home, in addition to drugs) as set forth in a prior...

Medicaid Planning