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Recent Blog Posts
Medical Conditions Afflicting The Elderly – Continued
It is important for Elder Law Attorneys to understand some of the basics pertaining to the medical conditions suffered by their clients. Depression: Depression is a serious medical illness affecting 15 million American adults, or approximately five to eight percent of the adult population. Major depression is persistent and can significantly interfere with an… Read More »
Chronic Diseases That Hit The Elderly (PART II)
It is important for Elder Law Attorneys to understand the medical conditions that afflict their clients. Chronic Obstructive Pulmonary Disease (C.O.P.D.) C.O.P.D. is a disease that damages the lungs, which causes distress when the individual tries to breathe. The airways that carry air in and out are at least partially obstructed. The most common… Read More »
Widespread Physical Conditions That Hit The Elderly
Elder Law Attorneys, the elderly themselves and their families, must be cognizant of and understand the ramifications of diseases that commonly affect the health of the elderly. Alzheimer’s Disease: Alzheimer’s Disease was discovered by Dr. Alois Alzheimer. He was the first to publish information in medical publications in 1907. Alzheimer’s is a fatal brain… Read More »
“ I Don’t Want to Think About that Now…or Ever.”
More than half of retirees do not have a will. More than forty percent do not have a living will. Almost forty percent do not have a Power of Attorney for making health care decisions. Approximately ten percent of Americans do not have an estate plan. The favorite excuse for not having an estate… Read More »
Nine of Ten Retirees say “No, I won’t Go.”
Nine out of ten American retirees say that they want to stay at home, to be cared for in their familiar surroundings. An AARP survey indicates that there is a trend toward more Americans staying at home. Under the program known as the “Balancing Incentive Payment Program” which is one of several of the… Read More »
Incentive Trusts Provide Motivation to Heirs
While planning your estate, you may be on the hunt for ways to retain as much control as possible over how your hard-earned funds are distributed after your passing. You may want to use your estate funds as a way to inspire your heirs and loved ones to create a thriving professional life for… Read More »
CMS Makes Major Announcement Ref Home Health Patients
On February 2nd, 2016, the Centers for Medicare and Medicaid Services (CMS) announced that a final ruling has been issued to define that Medicaid recipients do not need to be homebound to receive home health services. Also, the latest ruling, which overturns Medicaid home health regulations (42 C.F.R. / 440.70 © (1-2), defines that… Read More »
Gov. Rick Scott Signs Into Law Changes to Florida Guardianship Process
Back in December, we reported that Florida lawmaker, state Sen. Nancy Detert (R-Venice), had introduced a bill that would create greater protections for Florida seniors who had become unable to care for themselves. This month, Governor Rick Scott signed the bill into law. The most significant change introduced by this bill is the creation… Read More »
Taxation of Medicaid Planning Trusts
Irrevocable trusts are often used as a tool to help a client with long term care (LTC) planning. This is the case, especially in proactive situations. The income taxation of trusts is odd because a trust can be disregarded for income tax purposes as a grantor trust. The trust can pay taxes. A trust… Read More »
Medicare has Provided Adequate Medical Care for over Fifty Years But Could be Improved
Medicare has provided enhanced medical care to the retirement age population for more than fifty years. Nonetheless, there are needs for improvement of the program. The one outstanding aspect of Medicare that is in greatest need of improvement is home care. Medi-care has provided home care on a limited basis. In 1998, the home… Read More »