Nursing Home

24 Nov JOINT BANK ACCOUNTS – A BLESSING OR A CURSE? NINE REASONS TO NOT USE A JOINT ACCOUNT

Posted at 16:09h in Asset Protection, Beneficiary, Estate Planning, Financial Powers of Attorney, Guardianship, Long Term Care, Medicaid Planning, Nursing Home, Power of Attorney, Probate Administration, Trusts, Wills

Joint bank accounts can be helpful in several ways, but such accounts can also be a trap for the unwary. A couple of the major benefits are as follows: Trusted joint account owner can pay your bills. Probably the most common reason for opening such accounts,...

23 Nov TRANSFER ON DEATH DEED VOIDED BY COURT

Posted at 10:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Nursing Home, Probate Administration, Transfer of Death, Wills

TRANSFER ON DEATH DEED VOIDED BY COURT The Fort Worth Court of Appeals has recently set aside a Transfer on Death Deed (an instrument that usually avoids court action for real estate to pass to a beneficiary) since a jury determined the deed was signed as...

15 Oct RECENT MEDICAID RULING HINTS THAT IRA RMD TREATMENT TO SOON CHANGE

Posted at 09:00h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Retirement, Social Security, Special Needs, Special Needs Trust

The Texas Department of Health and Human Services Commission (HHSC), which governs the rules regarding long-term care Medicaid eligibility (Medicaid helps pay for some or all nursing home and medication costs, etc. – the present average monthly cost in Texas for skilled nursing care is around...

07 Oct 2020 PROJECTED MAXIMUM RESOURCE LIMITS FOR SPOUSAL MEDICAID (HOW TO KEEP MORE FOR SPOUSE IF ILL SPOUSE NEEDS TO GO INTO NURSING HOME OR NEEDS CARE AT HOME)

Posted at 09:00h in Disability Benefits, Divorce, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, 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...

06 Sep SUCCESS STORY OF THE MONTH – USING DIFFERENT LEGAL TOOLS (LADYBIRD DEED, REVERSE MORTGAGE AND REVOCABLE LIVING TRUST) IN THE TOOLBOX

Posted at 09:00h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Success Story of the Month, Transfer of Death, Trusts

Client had created a revocable living trust several years ago prepared by another attorney. The most common reasons for such a trust is to avoid probate (the laws that govern the probate process which is the process to determine if the Will is valid and...

03 Sep QUEEN OF SWEDEN AND IKEA PARTNERSHIP TO HELP PEOPLE WITH DEMENTIA

Posted at 09:00h in Alzheimer’s, Assisted Living, Dementia, Long Term Care, Nursing Home

In an effort to make it easier for those suffering dementia to live independently instead of going to a nursing home, the Queen of Sweden (Queen Silvia), furniture maker Ikea, along with Skanska (a Swedish construction company) are teaming up to provide comfortable living solutions....

30 Aug NEW LAW LIMITS NURSING HOME ARBITRATION AGREEMENTS

Posted at 09:00h in Assisted Living, Estate Planning, Lawsuits, Long Term Care, Nursing Home

At the present time, many skilled nursing facilities and other long-term care facilities require the patient (or their agent) to sign an admission agreement (in which amendments are not permitted) as a condition of being admitted to the facility. One of the almost universal provisions...

29 Aug SENIORS HAVE LESS RIGHTS THAN TERRORISTS – NEW TEXAS LONG-TERM CARE MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 09:00h in Assisted Living, Elder Justice, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Retirement, utma

Under our criminal justice system, guilt must be determined “beyond a reasonable doubt” as there is a presumption of innocence. However, if a senior makes a gift within five (5) years and applies for long-term care Medicaid, there is a presumption of guilt since Medicaid...

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...