The Department of Veterans Affairs (VA) recently issued a letter of clarification indicating that room and board paid to an independent living facility should not be considered as a deductible unreimbursed medical expense in most cases. One of the most important eligibility requirements in getting VA...
The Obama Administration has agreed to settle a nationwide class action lawsuit to end the standard practice to require Medicare beneficiaries to show a likelihood of improvement before Medicare would pay for therapy or skilled nursing services. As previously reported in the Texas Elder Law e-letter,...
In what could be a harbinger of things to come, House Bill 6300 (the Medicaid Long-Term Care Reform Act of 2012) has been recently proposed to make findings or substantial changes in connection with Medicaid long-term care financing (which helps pay for care costs in...
Most seniors will need to seek a better deal for a Medicare prescription drug plan for year 2013 if they are enrolled in Human Walmart-Preferred Rx Plan, First Health Part D Premier, First Health Part D Value Plus, Cigna Medicare Rx Plan One, Express Scripts...
There are many types of digital assets stored on computers, smart phones, websites, etc., including: (1) personal assets (such as photos, medical records, tax documents, etc.) that require a login with a different password; (2) social media (i.e., Facebook and Twitter, emails that store videos,...
In a somewhat stunning development, many veteran benefits planners are reporting that the Department of Veterans Affairs (VA) has started denying some applications for benefits in cases where the veteran has made a recent transfer to reduce net worth to obtain benefits. For many years...
Senate Bill 3270 has been introduced to require the Secretary of Veterans Affairs (VA) to consider the resources of individuals applying for non-service disability pension that were recently disposed of by the individuals for less than fair market value when determining the eligibility of such...
The recent Supreme Court decision permitting passage of the Affordable Care Act will result in 3.8% Medicare surtax beginning in January 2013 and will apply to all taxpayers whose income exceeds a threshold amount which effectively raises the marginal tax rate for some. The tax...
Although children are not generally responsible for a parent’s debts, 29 states have passed “filial support” bills whereby adult children can be pursued to pay the bills of their parents including their long-term care bills. A recent appellate court case in Pennsylvania allowed a nursing...
Although the 2nd Amendment of the U.S. Constitution gives the fundamental right to own a firearm, the National Firearms Act of 1936 regulates NFA firearms including, but not limited to, all fully automatic and select fire weapons, short-barreled rifles, shotguns and sound suppressors (silencers). If permitted under state law, you can own an NFA firearm. However, you have to pay a $200 tax on each firearm and you have to register them with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Furthermore, unless you acquire them through a trust or other entity, you have to obtain the consent of your chief of police (which some may be reluctant to do). Failure to do so could result in criminal prosecution, a fine and the confiscation of the firearm(s).
We are pleased to announce that the August 2012 issue of Texas Monthly magazine has again selected Michael B. Cohen as the only elder law attorney (although listed under the category of estate planning) in the Dallas-Fort Worth area as a Five Star Wealth Manager...
Transfer Penalty Rules Different for those Seeking Medicaid Assistance at Home Most people in need of care would prefer to stay at home rather than go to a nursing home. However, if you don’t have long-term care insurance or other ways to pay for the cost...
Here's a follow up to our previous post https://dallaselderlawyer.com/infamous-dallas-swiss-avenue-elder-abuse-defendant-goes-to-trial-on-attempted-theft/ Mark McCay, who was convicted by a Dallas jury on June 21 of attempted theft by getting 88 year old former model Mary Ellen Bendtsen to sign a new will (which was thrown out by the probate court)...
One of the defendants (Mark McCay) in the case that raised the conscience of North Texans about elder abuse as chronicled in a 2006 series in the Dallas Morning News is presently facing charges of attempted theft of the Swiss Avenue mansion of the late...
With fewer insurance companies offering long term care insurance (at least 14 fewer in the last 5 years) and premiums rising (for new and some existing policies) fewer may be able to afford long term care insurance (insurance that can help cover personal care costs...
On June 7, 2012, the Government Accountability Office (GAO) issued a report on methods to reduce improper payments to Medicare and Medicaid beneficiaries. The Centers for Medicare and Medicaid Services (CMS) reported an estimated $21.9 billion of improper payments to Medicaid and $43 billion of...
The Government Accountability Office (GAO) released a report last week regarding abuse of the Veterans Pension Program which is likely to spur a major change in the eligibility rules and make it more difficult for a wartime veteran (or his or her surviving spouse) to...
Effective September 1, 2011, Texas Probate Code Section 865 was amended to allow a guardianship court, upon application to approve gifts on behalf of the ward for the following purposes, in addition to tax-motivated gifts: “… or to transfer a portion of the ward’s estate...
As of March 1, 2012, the Texas Medicaid for the Elderly and People with Disabilities Handbook (which is a publication of the policy rules for long –term care Medicaid eligibility) now provides that “a transfer of a person’s home does not result in a transfer...
