Michael Cohen Dallas Elder Lawyer |

22 Jan Home Sweet Home – Equity Limit Increased for 2025 Announced

Posted at 13:51h in End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Transfer of Death

As of January 1, 2025, the homestead equity limit for a Medicaid applicant who is not married and who either applies for the nursing home Medicaid program or “waiver” home care Medicaid program will increase to $730,000 ($713,000 in year 2024). Thus, if the home...

20 Jan 2025 Long Term Care Medicaid Income Cap Increase – When and How to Use a Miller Trust

Posted at 13:45h in Beneficiary, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for Medicaid eligibility. If the applicant’s income exceeds the income limit of $2,901 (as of January 1, 2025), the eligibility solution for this particular requirement is the...

05 Nov 2025 Maximum Resource Limits For Spousal Medicaid (How To Keep More For The Well Spouse If Ill Spouse Needs To Go Into Nursing Home)

Posted at 11:44h in Asset Protection, Disability Benefits, Divorce, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security

As we live longer, there is a greater likelihood of disability and the need for long-term care. However, most Americans have inadequate resources or income for such care and also lack long-term care insurance or similar insurance products. As a result, some elderly and disabled...

07 Oct 20 Common Mistakes When Completing A Nursing Home Medicaid Application Or Planning For Eligibility

Posted at 13:10h in Disability Benefits, Elder Justice, End of Life Care Planning, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Social Security, Special Needs, Special Needs Trust, Taxes, Trusts

The cost of long-term care is great (the average is around $7,500/month in Texas). As a result, many apply for long-term care Medicaid for governmental assistance to help pay for the facility and drugs. It is not unusual for us to receive calls after either...

24 Aug Government Assistance for Care Could Depend on Homestead Definition

Posted at 10:16h in Assisted Living, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Taxes, Transfer of Death, Trusts, Veterans

Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”. In other words, the government looks at your resources when you apply to determine if you...

29 Jul Child Promises Elderly Mom A Dream And Delivers A Nightmare Removal Of Power Of Attorney Agent

Posted at 09:38h in Dementia, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Short Term Care, Social Security

Sometimes abuse can come from those closest to you even if they are named to act in their capacity as a fiduciary. A person acting as a fiduciary (such as an agent under a power of attorney, a trustee of a trust, a guardian or...

25 Jul “Home” Purchased After Buyer Is Institutionalized Counts As Resource For Medicaid

Posted at 09:18h in Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

The Texas Supreme Court has ruled that a Medicaid applicant who purchases a home or an interest in a home after admission into a skilled nursing facility is not excluded as a resource for Medicaid eligibility. On the other hand, the Court suggests if the...

04 Jul Two copies of gene found to be underlying cause in Alzheimer’s Disease – are you Destiny’s Child?

Posted at 11:17h in Alzheimer’s, Asset Protection, Beneficiary, Dementia, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection

Researchers have found that people with 2 copies of the APOE4 gene is more than a risk factor – it is now considered an underlying cause of Alzheimer’s Disease. Prior to the research’s finding published in May, scientists knew the gene APOE4 increased risk. Although...

28 May MEDICAID PLANNING BY NON-ATTORNEY IS A CRIMINAL ACT

Posted at 15:05h in Asset Protection, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection

Adult child of a nursing home resident seeks planning to obtain governmental assistance for costly care. The facility advises the adult child, “Don’t worry, we pay a company that you have to use, that will plan for you and apply for your mom – you...

14 May NO LADY LUCK FOR SURVIVING SPOUSE (OR HER DAUGHTER) OF JOINT LADYBIRD DEED

Posted at 14:48h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration

A Texas Court of Appeals decision last year illustrates the importance of how a joint ladybird deed is drafted as to ownership of property after one owner dies. A ladybird deed is also known as an enhanced life estate which reserves a life estate with full...