Michael Cohen Dallas Elder Lawyer

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...

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...

03 Jul TRUST REFORMATION FOR TAX OR GOVERNMENTAL BENEFITS ELIGIBILITY PURPOSES BECOMES LAW

Posted at 11:00h in Beneficiary, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Trusts, Wills

On May 22, 2017, Governor Abbott signed a new law which allows a trust to be reformed if necessary or appropriate to achieve the tax objectives of the one who created the trust (the “trustor”) or to qualify a beneficiary for governmental benefits and is...

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

Posted at 11:00h in End of Life Care Planning, Estate Planning, Guardianship, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Power of Attorney, Probate Administration, Special Needs, Special Needs Trust, Trusts, Veterans, Wills

As an elder law attorney, it may be surprising to clients that many of our referrals come from estate planning attorneys since most have limited knowledge regarding public benefits. Many are shocked that there are over 40 Medicaid programs (each with their own rules) in...

19 Jun TEXAS SENATE PASSES BILL FOR A BLOCK GRANT WITH REPEAL OR REPLACEMENT OF OBAMACARE LOOMING

Posted at 11:00h in Beneficiary, Divorce, Estate Planning, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security

The Texas Senate has passed a bill (which has been sent to the Texas House) to facilitate the design and development of a Medicaid block grant waiver so that there would be a continuation of joint funding by the federal and state governments while allowing...

14 Jun CONGRESS GRANTS $400 MILLION INCREASE FOR ALZHEIMER’S RESEARCH

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

Congressional Republicans and Democrats have come to a bipartisan agreement on a historic increase of $400 million in Alzheimer’s research at a time when the government is looking for ways to cut expenses. This shows that Congress feels that significant progress has been made and...

08 Jun ACTIONS TO CONSIDER NOW WITH PENDING TAX REFORM

Posted at 11:00h in 401(k), Asset Protection, Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Taxes

Although potential tax reform laws are far from settled, taxpayers could consider certain actions now to maximize tax savings including the following: Establish a business entity (if the business owner’s income tax rate is greater than the proposed rate) that the income or losses flow...

22 May LADYBIRD DEED, TRANSFER ON DEATH DEED OR DEED OF GIFT – WHICH IS BEST?

Posted at 11:00h in Beneficiary, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Taxes, Transfer of Death

There are numerous ways real estate can be transferred to avoid probate, but which way is best will depend on the circumstances. The most common choices are either a deed of gift, transfer on death deed or a Ladybird deed (which is an enhanced life...

15 May CAR TRANSFER ON DEATH MAY SOON GET EASIER

Posted at 11:00h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Transfer of Death, Wills

The Texas Legislature is presently considering a new law permitting a motor vehicle owner to simply designate who will be entitled to the car upon the owner’s death. If a car title is jointly owned, then the sale of the vehicle requires both owners. Also...

08 May BILL TO KEEP PATIENT ALIVE IS NOT DEAD

Posted at 11:00h in Michael Cohen Dallas Elder Lawyer, Transfer of Death, Wills

One of the bills introduced in the Texas Senate requires doctors keep a patient alive (even if the doctor does not think that it is the right decision) pursuant to the patient’s advance directive (i.e., living will) or the decision of the patient’s family to...

01 May Alzheimer’s Association Advocacy in Action

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

There are some key bills up for debate during this legislative session. An important one involves expanding the Silver Alert Program to include those younger than 65 that have been diagnosed with younger-onset Alzheimer's. Expanding the Silver Alert public notification system can lead to a...

29 Apr RIGHT TO DEFER HOMESTEAD TAXES EXTENDED TO DISABLED VETS

Posted at 11:00h in Michael Cohen Dallas Elder Lawyer, Mortgage, Taxes, Transfer of Death, Veterans

A bill has been passed by the Texas House of Representatives giving disabled veterans the same rights as those over 65 to defer property taxes on their homestead. Under present law, if you are over 65 and you own and occupy a residence homestead, you...

24 Apr WILL SECOND-TO-DIE POLICIES BECOME FIRST-TO-DIE WITH ESTATE TAX REPEAL?

Posted at 09:00h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Taxes

Although it is unknown what suggested changes will be made to tax laws in light of the recent failure to overhaul the Affordable Care Act (Obamacare), President Trump has often asserted that federal estate tax should be eliminated. At the present time, only estates greater...

17 Apr BIOMARKER RESEARCH GROUP AIMS AT EARLY DETECTION OF VASCULAR DEMENTIA

Posted at 09:00h in Alzheimer’s, Dementia, Michael Cohen Dallas Elder Lawyer

The National Institute on Aging and scientists at Massachusetts General Hospital are working together to detect and track vascular dementia at an early stage by the use of biomarkers in small blood vessels. Small vessel disease is the most frequent type of vascular disease seen...

10 Apr WILL TAXES ON HOMESTEADS BE REDUCED FOR SENIORS?

Posted at 11:00h in Michael Cohen Dallas Elder Lawyer, Taxes, Veterans

A couple of bills and a proposed constitutional amendment has been made in the Texas legislature to give tax relief for certain seniors and their surviving spouses. A joint resolution proposes a constitutional amendment that grants an exemption from ad valorem taxes on a residence...

Medicaid Services

Michael Cohen Dallas Elder Lawyer

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

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

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

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

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

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

03 Jul TRUST REFORMATION FOR TAX OR GOVERNMENTAL BENEFITS ELIGIBILITY PURPOSES BECOMES LAW

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

14 Jun CONGRESS GRANTS $400 MILLION INCREASE FOR ALZHEIMER’S RESEARCH

08 Jun ACTIONS TO CONSIDER NOW WITH PENDING TAX REFORM

22 May LADYBIRD DEED, TRANSFER ON DEATH DEED OR DEED OF GIFT – WHICH IS BEST?

15 May CAR TRANSFER ON DEATH MAY SOON GET EASIER

08 May BILL TO KEEP PATIENT ALIVE IS NOT DEAD

01 May Alzheimer’s Association Advocacy in Action

29 Apr RIGHT TO DEFER HOMESTEAD TAXES EXTENDED TO DISABLED VETS

24 Apr WILL SECOND-TO-DIE POLICIES BECOME FIRST-TO-DIE WITH ESTATE TAX REPEAL?

17 Apr BIOMARKER RESEARCH GROUP AIMS AT EARLY DETECTION OF VASCULAR DEMENTIA

10 Apr WILL TAXES ON HOMESTEADS BE REDUCED FOR SENIORS?

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Medicaid Services

Michael Cohen Dallas Elder Lawyer

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

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

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

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

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

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

03 Jul TRUST REFORMATION FOR TAX OR GOVERNMENTAL BENEFITS ELIGIBILITY PURPOSES BECOMES LAW

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

19 Jun TEXAS SENATE PASSES BILL FOR A BLOCK GRANT WITH REPEAL OR REPLACEMENT OF OBAMACARE LOOMING

14 Jun CONGRESS GRANTS $400 MILLION INCREASE FOR ALZHEIMER’S RESEARCH

08 Jun ACTIONS TO CONSIDER NOW WITH PENDING TAX REFORM

22 May LADYBIRD DEED, TRANSFER ON DEATH DEED OR DEED OF GIFT – WHICH IS BEST?

15 May CAR TRANSFER ON DEATH MAY SOON GET EASIER

08 May BILL TO KEEP PATIENT ALIVE IS NOT DEAD

01 May Alzheimer’s Association Advocacy in Action

29 Apr RIGHT TO DEFER HOMESTEAD TAXES EXTENDED TO DISABLED VETS

24 Apr WILL SECOND-TO-DIE POLICIES BECOME FIRST-TO-DIE WITH ESTATE TAX REPEAL?

17 Apr BIOMARKER RESEARCH GROUP AIMS AT EARLY DETECTION OF VASCULAR DEMENTIA

10 Apr WILL TAXES ON HOMESTEADS BE REDUCED FOR SENIORS?

06 Apr TOP TAX DEDUCTIONS IF YOU ARE OVER 50