Undue Influence is when someone pressures another in such a way that the person being influenced is not acting by their own free will; they are being coerced into taking a certain action. Undue influence often arises when a friend family member falls ill. For example, mom has been diagnosed with cancer...

As we age, the likelihood of mental incapacity increases. Without doubt, our bodies and minds deteriorate as we age. Mental incapacity could result from dementia, stroke, brain injury, or other illness. What is mental incapacity and in what ways can you plan to be best prepared for it?

Years ago when I was young to Elder Law I got a phone call from a client’s wife. Her husband had fallen and had been in the hospital for five days. When he went to the rehabilitation facility, they thought that Medicare...

We are often asked, “Will Medicaid come after us?” “Will Medicaid take the house?” “Won’t Medicaid get everything?” While the reach of the State can be long, there are limits.

While enrollment in Medicare Advantage plans, also known as Medicare C, has doubled over the past decade, there are some drawbacks with this form of Medicare.

Medicare does not receive a lot of attention from lawyers in private practice for several reasons. One, the opportunity for effective advocacy is limited. When someone needs care, they need it immediately, and even the fastest law suits take days to prepare and file. Having a team of lawyers expedite the gathering of facts, documents, affidavits and pleadings in a few days is enormously expensive.

Patient self-determination is based upon the right of an individual to possession of control of his own person, free from all restraint or interference of others. Union Pac. Ry. V. Botsford, 141 U.S. 250 (1891). The doctrine of informed consent forms the basis of patient participation before treatment can begin...

Trusts and limited liability companies (LLCs) are both legal vehicles to be used to manage incapacity, protect assets, minimize taxation, and avoid probate.

Medicare is a federal program that provides medical coverage to certain individuals – those over age 65, younger folks with disabilities, and people with End Stage Renal Disease. This coverage is critical to get those populations needed care.

The Five-Star Quality Rating System was created in 2008 by the Centers for Medicare and Medicaid Services (“CMS”). The website became popular for people looking for a quick summary of a nursing home’s alleged quality of care.

A big deal for lawyers and accountants who deal with IRAs and retirement plans. A big deal for anyone with an IRA or a 401K plan. Clarity for the SECURE Act changes is on the way.

With many trusts, the role of trustee is filled by a family member. As a non-professional trustee, most persons nominated have very little idea of what is expected of them or the liability they take on by agreeing to act as trustee. We provide this list of duties to give potential and current trustees an idea.

When we meet with clients, some often believe they know exactly what they want and have no need to review with the attorney or think about it. We always review the options in planning for incapacity. And we always meet twice with the client. The law disfavors a procedure where the attorney strolls in and says, “Hi, I’m your lawyer, sign here!” If there is evidence of diminished capacity or if the client is quite elderly...

My friend Amos Goodall, a Certified Elder Law Attorney, wrote an interesting article for the National Elder Law Foundation that I think is worth repeating in a modified version.

Nationwide, guardians oversee an estimated 1.3 million adults and $50 billion of their assets, citing Brenda Uekert, principal court research consultant at the National Center for State Courts.

Don’t pass on reading this thinking you are too savvy to be a victim of some kind of financial abuse-- a growing issue for seniors. Ask your friends. I suspect you will quickly hear of a “near miss” if not a real victim.

A reverse mortgage is an option for individuals 62 years or older who need cash and may not be able to get a standard loan or line of credit. A reverse mortgage allows a person to use the equity in his or her home and receive loan payments on a specified schedule. The borrower does not have to repay the loan as long as he or she remains in the home and is able to maintain it. However, as soon as the house is sold, the borrower dies, or leaves the home for an extended period of time, the loan balance is due.

As you all know, our office specializes in Public Benefits law, primarily long-term care Medicaid. The general public and many commentators have serious misconceptions about Medicaid planning. Many think it simply a matter of spending down money or paying nursing homes or buying prepaid funeral contracts or even just purchasing certain types of annuities.

When someone retires at “full retirement age” and applies for their retirement benefit, they are entitled to a monthly Social Security benefit called a “primary insurance amount”. For persons born from 1943 to 1954, their “full retirement age” is 66. But if that person waits to claim their retirement benefit until age 70, they get a higher benefit that goes up in increments beyond the “primary insurance amount” up to age 70.

In our Estate Planning and Elder Law practice, we have clients with small businesses. Clients often engage in both selling their businesses as they wind down and buying businesses. Transferring businesses to family members is a major part of long-term care planning; especially for Medicaid qualification. Occasionally it may make sense for an elderly client to purchase a business.

Last July we wrote about some changes in IRA distribution law known as the SECURE Act. One change makes designating a Qualified Disability Trust a beneficiary of an IRA instead of an individual efficient for both tax and public benefit purposes. This newsletter explores the use of such trusts and confusion about them.