Elder Law Newsletter
January/February 2012
- Assessment and Planning-Key to Eldercare
- Keeping Seniors Safe During Winter
- Estate Exclusion Rises to $5.12M, Long Term Care Deductions and Other Figures Adjusted
- Did you know that CzepigaDalyDillman’s Attorneys have plenty to talk about?
November/December 2011
- Making The Move For Senior Living
- U.S. Court Rules Life Estate Purchase May Be Uncompensated Transfer
- Medicaid Applicant’s Transfer To Daughter Created Trust-Like Device
- Court Declines To Dismiss Malpractice Action Charging Firm Failed To Advise Family Of DRA
September/October 2011
- Talk To Relatives About Caregiving Before They Need It
- Share Of Family Limited Partnership Disqualifies Medicaid Recipient
- No Estate Tax Deduction For Caregiving Debt Without Written Care Agreement
- Note Compensating Son For Future Personal Services Is Impermissible Transfer
August 2011
- Eldercare Management/Coordination Of Resources
- Court Upholds Nursing Home Resident’s Eviction Prior To Resolution Of Medicaid Appeal
- Transfer To Daughter Without Written Agreement Triggers Medicaid Penalty
- Son May Be Responsible For Mother’s Unpaid Nursing Home Bill Caused By Medicaid Penalty Period
- Payments To Caregivers Of Dementia Patient Are Deductible Medical Expenses
July 2011
- Bank Of America Says Power Of Attorney Does Not Grant Access To Online Banking
- Millions Of Seniors Could Lose Medicaid LTC Coverage Under Gop Plan, Reports Warn
- Followup Study Finds Financial Abuse Of Elderly Is On Rise
- Wife Responsible For Husband’s Unpaid Nursing Home Bill
June 2011
- Real Estate Sales Proceeds Remain Available Until Delivered to Nursing Home
- Transfer Penalty Does Not Start Until Medicaid Applicant Is Financially Eligible
- Connecticut Case: Son Liable for Breach of Oral Contract for Not Promptly Establishing Mother's Medicaid Eligibility
- States May Now Extend Medicaid's Spousal Protections to Same-Sex Partners
- Medicaid Applicant Denied Benefits Due to Loan to Daughter is Entitled to Restraining Order Against the State
May 2011
- Delays in Processing of Medicaid Applications is Not Lawful
- Lump Sum Personal Care Contract Is Transfer for Less Than Fair Market Value
- Medicaid Applicant Who Was Denied Benefits After Purchasing Annuity for Spouse May Proceed with Claim Against State
- Ohio’s High Court Lets Stand Ruling That State Violated Federal Law in Counting Community Spouse’s Annuity
- Family Agreement Transferring Property for Medicaid Eligibility Purposes Has No Consideration
April 2011
- Claim Against Estate Attorney To File Medicaid Application For Client is Suspended
- N.Y. High Court Rules Wife’s Ordinary Living Expenses Do Not Justify Increased Mmmna
- Medicaid Applicant’s Trust Is Available Asset Because It Is A Support Trust
- A Profile Of Older Americans: 2010
- Court Rules House Was Owned With Son, So State Can Recover Mother’s Medicaid Benefits
March 2011
- Attorney Who Failed to File Medicaid Application for Client Is Suspended
- Attorney Who Participated in Trust Mill Is Suspended
- Third Party Liable For Relying On Invalid Power of Attorney
- Drafting Attorney Owes No Duty to Prospective Beneficiary of Unexecuted Will
- The Top 10 Elder Law Court Rulings of 2010
- Court Cannot Use Doctrine of Probable Intent to Create Special Needs Trust for Interstate Decedent
February 2011
- Class Action Filed Challenging Medicare’s ‘Improvement Standard’
- Administration Abruptly Pulls Plug On Medicare End-Of-Life Counseling
- State Laws Create Obstacles To End-Of-Life Planning, Planning, Study Finds
- Federal Program Helps Nursing Home Residents Move Home
- Court Upholds Indictment Of Attorney Who Backdated Deed For Medicaid Planning
January 2010
- Nursing Home Resident's Attorney-In-Fact Has No Duty To Ensure Continued Medicaid Eligibility
- Court Rules Lack Of Progress Is No Reason To Stop Medicare SNF Coverage
- Applicant Transferred Funds For Purpose Other Than To Qualify For Medicaid
- National Average Cost Of Nursing Home Care Tops $83,000 A Year
- IRS Data Shows Steep Decline In Estates Owing Tax Over Last Decade
July 2010
- Another Annuity Victory For The Community Spouse
- Medicaid Recipient With Newly Discovered Assets Must Repay Benefits
- Elder Proceeds To Trial On Breach Of Contract Claim Against Delinquent Caregiver
- Attorney Did Not Breach Duty In Seeking Guardianship For Client
- Powers Of Attorney Come In Differ
- How Risky Is Buying A Limited-Duration Long-Term Care Insurance Policy?
May 2010
- Connecticut Court Finds Atorney In Fact Liable Under Promisory Estoppel Theory
- Agreement To Split Proceeds From Sale Of Gifted House Enforceable
- Transfer Penalty Imposed On Lupm-Sum Care Agreement
- Nursing Home Admission Agreement And Prior Knowledge Of Asset Transfer Precludes Holding Family Liable
- Nursing Home Negligence Verdict Based On Lack Of Staffing Affirmed
- IRS Clarification Requested On Capital Gain Exclusion On Principal Residence
- Court To Decide Whether Difference In Medicaid Spend-Down For Home Health Versus Nursing Home Benefits Violates Federal Disability Law
March 2010
- N.Y. May recover from estate of ‘just say no’ comm unity spouse only up to spouses excess resources
- The Top 10 Elder Law Court Rulings of 2009
- Nursing Home Resident May Not Transfer Assets Beyond the CSRA to Spouse
- Nursing Homes Sue State for Additional Reimbursements
December 2009
- Long Term Care For Senior Veterans
- Annuity Purchase By Community Spouse Upheld In Federal Appeals Court Decision
- 2009 Rates For Long Term Care Costs And Assisted Living
- Daughter’s Challenge To Mother’s Capacity Does Not Violate Trust’s No Contest Clause
November 2009
- Number of beneficiaries jumps by 19%
- Senators want $250 subsidy for social security beneficiaries
- IRS issues further guidance on 2009 minimum distributions
- Ohio court fines 2 companies. $6.4 Million for unauthorized law practice, bans them from Ohio
- Advocacy group challenges major medicare coverage barrier
- Oh, what a messy tale we weave. Richard pryor’s wife is entitled to gifts he made to her
September 2009
- Connecticut Legislative Panel Rejects Proposed Medicaid Regulations
- Trust Is an Available Resource Despite Discretionary Language
- From Our Care Coordinator
- Medicaid Asset Protection: Reciprocity With Other States
July 2009
- Connecticut Legislative Panel Rejects Proposed Medicaid Regulations
- Trust Is an Available Resource Despite Discretionary Language
- From Our Care Coordinator
- Medicaid Asset Protection: Reciprocity With Other States
September 2008
- Reverse Mortgages
- Choosing a Life Insurance Policy
- Where to Keep Your Will
- Social Security Retirement Age
August 2008
July 2008
- Your Pension Rights
- Social Security Benefits
- Second Mortgages and Life Insurance
- IRS Statistics for Estate Tax Returns
May 2008