If Dad Needs Nursing Home Care will the State Take Mom’s House?
It’s a question I get - or some variation of it - probably more often than any other, and it refers to what is called “estate recovery”. As part of the deal that the states enter into with the federal government before they can get federal funding for their Medicaid
New Social Security Policy Change an Indication of More to Come?
A decision last month by the Social Security Administration (SSA) to add new medical conditions to its list of “Compassionate Allowance” conditions, including forms of Alzheimer’s Disease and dementia, may signal a change in how the government views and treats those illnesses from which a disproportionate number of long term
Why Pay Someone to File an Application I can Complete Myself?
The call usually starts out this way. “I’ve given all of Dad’s money to the nursing home already and am ready to apply for Medicaid. His situation is really simple. I can handle it myself but I just have a few questions.” I’m always happy to try to help whenever
The Difference Between Medicare and Medicaid
In speaking with people about Medicaid, they will often refer to it as Medicare. Perhaps it’s just a slip of the tongue since the two words sound so similar. But, I think, there is very often a fundamental misunderstanding about the two programs. Medicare is the federally funded and state
Are Your Advisors All on the Same Page?
As I am fond of saying, navigating through the long term care system usually requires a team of advisors. While the elder law attorney is, no doubt, a pivotal person, the accountant, financial advisor and insurance specialist are equally important. And when one piece isn’t properly in place it can
How Jane’s Simple Estate Matter Turned into a Complicated Mess
There are many misconceptions about estate administration and probate. So often when someone asks me about it, they’ll typically tell me that their family member’s estate matter is not that complicated, that they can handle it themselves. The following is a cautionary tale for the do-it-yourselfer. Mary died without a
Are You Putting All Your Eggs in One Long Term Care Basket?
Last year on this blog I wrote about the financial risks of investing in a continuing care retirement community (CCRC) . Late last year Erickson Retirement Communities, which operates CCRCs in 10 states, including New Jersey, filed for Chapter 11 bankruptcy, reinforcing many of the concerns I have often expressed
How Does Medicaid View Same Sex Partnerships?
The past year has seen failed attempts by supporters of same sex marriage to have the definition of marriage expanded to include gay and lesbian unions. However, some states have passed laws creating domestic partnerships and civil unions, which then carry with them some of the benefits of marriage. New
Hope For Haiti — Despair for Mom?
The recent outpouring of support for the victims of the earthquake in Haiti highlights a question often asked about gifting and charitable contributions as it relates to Medicaid. For example, last week Mary called me to ask whether it is OK for Mom to make a charitable contribution to help
How the Medicaid System Differs From the Criminal System
“Mom and Dad have always been big believers in paying cash for everything. They don’t use credit cards”, John tells me. “Don’t buy on credit”, they always said. While that’s a pretty sound financial approach, it can get Mom and Dad into hot water when it comes