Elder Law

October 13, 2019

How Probate Court Decides Conservatorship Appointments

Note: For additional information on conservatorship, please read our introductory post, What Is a Conservatorship? and the follow up, Applying for Conservatorship in Connecticut.

Deciding to conserve a loved one is a complex and sometimes painful process. You want the best care and quality of life for the people you love, but it can be daunting to consider the intervention and support of external parties.

Because application for conservatorship requires the involvement of the court, it’s important to understand how the court evaluates your loved one’s situation and capacity as well as what means you have to appeal the decision the court makes.

September 21, 2019

Medicaid Planning Companies Are Bad News. Here’s What You Need to Know.

by Czepiga Daly Pope & Perri LLC

There are few planning tasks more daunting than applying for Medicaid. The process is intimidating and can quickly become overwhelming, not merely because it’s complicated but also because it opens up a Pandora’s Box of legally nuanced questions and concerns.

This is not a task anyone can afford to botch, and it’s something that you have to get right on the first try.

Because of the challenges, most people seek help navigating the Medicaid labyrinth. While there are many reputable Connecticut elder law attorneys who assist with Medicaid applications and asset protection planning, there is also a dangerous new breed of “senior planning” providers that is preying on elderly nursing home residents, often reducing them to financial ruin.

September 18, 2019

Elder Law and Estate Planning Acronyms

by Czepiga Daly Pope & Perri LLC

By Carmine Perri

In the areas of law that I practice, Connecticut Elder Law and Estates & Probate, I have found that certain acronyms are used quite frequently.

It occurred to me that some acronyms, although utilized by lawyers as an attempt to efficiently deliver a message, actually serve as an impediment to meaning as opposed to a facilitator of it.

After all, one of Laurence Peter’s quotations in his Quotations for Our Time was, Continue reading

September 15, 2019

Applying for Conservatorship in Connecticut

by Czepiga Daly Pope & Perri LLC

Note: For introductory information on conservatorship, please read our initial post, What Is a Conservatorship?

While all of us wish that our loved ones might remain indefinitely self-sufficient and be able to live their lives with dignity, many of us will face the difficult situation of a loved one who is no longer able to care for his or herself.

The cause of such incapacity may be an illness or accident. It might be dementia or simply the decline of old age. You may find, one day, that your loved one is inconsistent about physical hygiene, unable to manage household finances, or making unwise decisions. If you see such signs, you may need to carefully consider the option of conservatorship.

September 4, 2019

2 Ways to Prepay Your Funeral Expenses and Qualify for Medicaid Faster

by Czepiga Daly Pope & Perri LLC

Assets count when it comes to qualifying for Medicaid as we discussed in another post, “How to Qualify for Medicaid Benefits by Planning Now.” However, some assets related to your funeral expenses are excluded, and prepaying them is an acceptable way to spend down your assets to qualify for Medicaid, or Title XIX.

Here’s what the State of Connecticut allows:

Irrevocable Funeral Trust or Contract

You can prepay up to $10,000 for an irrevocable funeral trust, also called an irrevocable funeral contract. This covers basic service charges, funeral services, preparation of remains, vehicles, etc. Keep in mind that this type of contract cannot be canceled or cashed in. It can only be transferred to another licensed funeral home. Continue reading

July 14, 2019

Will Trust Assets be Considered When Applying for Medicaid?

by Czepiga Daly Pope & Perri LLC

By Lara Schneider-Bomzer

The Connecticut Supreme Court decision, Pikula v. Department of Social Services, established clear guidelines for determining if a trust should be considered a “supplemental needs trust” or a “general support trust.”

In general, assets held in a supplemental needs trust are considered unavailable in determining Medicaid eligibility for the trust beneficiary. Continue reading

June 18, 2019

10 Signs of Alzheimer’s

by Czepiga Daly Pope & Perri LLC

When we get to a certain age, we sometimes experience what is jokingly referred to as a “senior moment.” We forget a name, miss an appointment or overlook a bill.

But if forgetfulness or confusion starts to seriously interfere with daily life, it’s time seek medical help. The symptoms could point to Alzheimer’s or another form of dementia.

What are the warning signs?

How can you tell if someone in your life is more than just a little forgetful and needs a medical evaluation? The Alzheimer’s Association lists these 10 early signs and symptoms of Alzheimer’s: Continue reading

May 27, 2019

Prepaid Funeral Contracts and Medicaid: Good News

by Czepiga Daly Pope & Perri LLC

You have probably heard the phrase “spend down” – something you could do to reduce your assets which would help to qualify you for Medicaid.

A prepaid funeral contract is one of those items that are considered exempt. In other words, its value won’t be counted when the Department of Social Services is reviewing your total assets.

The standard amount allowed by the the state of Connecticut for a prepaid irrevocable funeral service contract is $10,000.

May 23, 2019

Thinking of Moving in With Your Child? 9 Questions to Ask

by Czepiga Daly Pope & Perri LLC

By Lynda Lee Arnold

Are you thinking of moving close to your child’s home? Close…as in an in-law apartment or addition?

Many people in their later years decide to downsize and give money to an adult child for building an addition onto the child’s home.

May 15, 2019

Nursing Home Resident Rights: Know Them, Stand Up for Them

by Czepiga Daly Pope & Perri LLC

By Carmine Perri

If you or your loved one is in a nursing home, you need to know your rights! Once you understand what they are, you can better stand up for them.

Just as you are protected in your own home by a set of laws, residents of nursing homes are protected by a Code of Federal Regulations. The “Code” ensures that residents’ right are promoted and protected.

Unfortunately, there are times when this does not happen. And when this is the case, you need to make your voice heard.

But first, you must know your rights. Take a look below at some key resident rights that are often challenged. And let us know if you think they are being violated, we can help you. Continue reading