This is the first in a three-part series of articles on Powers of Attorney. This first article examines the Financial Power of Attorney. The second article will address the Healthcare Powers of [...]

We here at Ergood Law feel that it is important to have the right protection in place so you can always help your child.

Not everyone will get the relief payment the federal government is sending to help Americans through the economic hard times triggered by the coronavirus pandemic. Among those left out [...]

If you have clients who operate nursing homes or assisted living residences, a word of advice from you now can save them from making a serious misstep.

With the coronavirus pandemic hitting nursing homes and assisted living facilities especially hard, families are wondering whether they should bring their parents or other loved ones home. 

The coronavirus relief bill includes a direct payment to most Americans.  How will this sudden cash infusion affect the eligibility of those receiving Medicaid long-term care services? 

Staff members working in more than one facility has been identified as a main contributor to nursing homes' vulnerability to COVID-19.  But working at more than one facility is often a [...]

In the wake of the coronavirus pandemic, unemployment is skyrocketing. Seniors who lose their jobs may be tempted to claim Social Security benefits early, but should they, given the resulting [...]

The spread of the coronavirus to nursing home residents has caused the federal government to direct nursing homes to restrict visitor access. Families are having to find new ways to stay in [...]

To protect its workers and the public during the coronavirus pandemic, the Social Security Administration (SSA) has suspended face-to-face service at its field offices and hearings offices [...]

As part of its response to the coronavirus pandemic, the federal government is broadly expanding coverage of Medicare telehealth services to beneficiaries and relaxing HIPAA enforcement. This [...]

The novel “coronavirus” (also called “SARS-CoV-2”) causes the disease “COVID-19.” It first appeared in late 2019 and was reported to the World Health Organization (WHO) on December 31, 2019. [...]

With coronavirus dominating news coverage and creating alarm, it is important to know that Medicare and Medicaid will cover tests for the virus. 

The Trump administration will allow states the option to cap Medicaid spending using block grants. While this change does not directly affect nursing home residents on Medicaid, it could [...]

The 2020 census is starting soon, and seniors need to be counted. This may be more of a challenge this year because for the first time, the census will be completed largely online.

For years people have been worried about Social Security’s future, but what is the actual outlook? According to the federal government, unless Congress acts to intervene, Social Security [...]

The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home.

Beneficiary designations and other non-probate transfers are an often-overlooked part of estate planning. They are overlooked by clients and sometimes even by professionals.

People are living longer and are having children later in life. Due to this combination of demographic factors, many more people are in the “Sandwich Generation.”

Joint tenancy is a form of legal ownership where the property passes automatically at the death of one of the owners to the remaining joint tenants. Typically, there are two joint tenants, though [...]

It’s important to consider whom you’d want to get your assets when you die. Most of us have an idea of whom we’d choose. But, it’s also important to consider who should get those assets if your [...]

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community.

Most low- and middle-income Americans qualify for free online tax preparation software, but do not take advantage of it. And anyone over age 60 can use the IRS’s Tax Counseling for the Elderly [...]

As baby boomers age, more and more millennials are becoming caregivers. Many are taking on this role while just getting started in their own lives, leading to difficult decisions about [...]

Recognizing the huge problems caused by opioid addiction in the United States, Medicare is adding a new outpatient opioid treatment benefit, paying for methadone and related treatment in [...]

Medicare does not offer much in the way of dental benefits, but advocates for Medicare beneficiaries are arguing for that to change. 

The federal government has released the 2020 federal guidelines for how much money the spouses of Medicaid recipients may keep, as well as related Medicaid figures.

A spending bill signed into law by the President contains major changes to retirement plans. The bipartisan legislation is designed to provide more incentives to save for retirement, but it [...]

Estate Planning is critical to making sure your wishes are carried out. This series focuses on how an Estate Plan could be challenged. This series will show the importance of doing Estate [...]

Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn't mean the house is completely protected.

After small or no increases the past couple of years, Medicare’s Part B premium will rise sharply in 2020. The basic monthly premium will increase $9.10, from $135.50 a month to $144.60. 

The Internal Revenue Service (IRS) has announced the amount taxpayers can deduct from their 2020 income as a result of buying long-term care insurance.

When it comes to long-term care costs, the charges for home care are now rising faster than those for nursing home care, according to Genworth's 2019 Cost of Care survey.

Medicare's Open Enrollment Period, during which you can freely enroll in or switch plans, runs from October 15 to December 7. Don't let this period slip by without shopping around to see [...]

Being appointed guardian of a loved one is a serious responsibility. As guardian, you are in charge of your loved one's well-being and you have a duty to act in his or her best interest.  

Under Medicaid law, following the death of the Medicaid recipient a state must attempt to recover from his or her estate whatever benefits it paid for the recipient's care.

With careful Medicaid planning, you may be able to preserve some of your estate for your children or other heirs while meeting the Medicaid asset limit.

Reports of elder financial abuse continue to increase, and the elderly are particularly vulnerable to scams or to financial abuse by family members in need of money.

A new report finds that almost no retirees are making financially optimal decisions about when to take Social Security and are losing out on an average of more than $100,000 per household in [...]

An annuity can be a useful tool for long-term care planning, but annuities are also complex financial products that are hard to understand. If purchasing an annuity, you need to consider your [...]

In order to be eligible for Medicaid, you cannot have transferred assets recently. Congress does not want you to move into a nursing home on Monday, give all your money to your children (or [...]

If you move to a different state or split your time between one or more states, you should make sure your advance directive is valid in all the states you frequent.

Raising a grandchild can be tough financially, but grandparents in this situation should be aware that there is a tax credit available that could help them. 

Some people plan their estates carefully. Some people don’t have an estate plan at all. That’s called dying intestate. In that situation, the state in which they live at their death has a default [...]

While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against your house after you die, so [...]

The Trump administration is officially rolling back a ban on the use of arbitration agreements by nursing homes, once again allowing nursing facilities to ask families to give up their right [...]

Older Americans with a life insurance policy that they no longer need have the option to sell the policy to investors. These transactions, called "life settlements," can bring in needed cash, [...]

There are circumstances in which transferring a house will not result in a Medicaid penalty period, and one of those is if the Medicaid applicant transfers the house to a "caretaker child."  

Federal law requires that beginning on April 1 of the year after you reach age 70 1/2, you must begin withdrawing a minimum amount
from your non-Roth individual retirement account (IRA) [...]

Parents want their children to be taken care of after they die. But children with disabilities have increased financial and care needs, so ensuring their long-term welfare can be tricky.

Here are some issues grandparents should consider before making gifts to grandchildren or other family members.

Paying for day care is one of the biggest expenses faced by working adults with young children, a dependent parent, or a child with a disability, but there is a tax credit available to help [...]

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Often, the smallest things have the most sentimental value. Your grandmother’s silverware or your grandfather’s railroad watch could connect you to them in a special way. Your mother’s ring or [...]

The federal government has released the 2019 federal guidelines for how much money the spouses of Medicaid recipients may keep, as well as related Medicaid figures..

Written by Attorneys for the American Academy of Estate Planning Attorneys A Secret Agent may be very important to protecting the nation. Your Agent is just as important for your protection. An [...]

If you are paying for your own insurance, you may think you do not need to sign up for Medicare when you turn 65. However, not signing up for Medicare Part B right away can cost you down the [...]

With the aging population becoming increasingly tech savvy, the Social Security Administration (SSA) has moved a lot of services online. From applying for Social Security benefits to replacing [...]

The Internal Revenue Service (IRS) is increasing the amount taxpayers can deduct from their 2019 income as a result of buying long-term care insurance.

You are turning 65 and enrolling in Medicare, but as a healthy senior do you really need to also sign up for Medicare's supplemental coverage? Not signing up initially can be very costly [...]

Technological advances have made it easier to stay connected with loved ones all the time. This has included the ability to install cameras in a loved one's nursing home room. These [...]

Hospital patients who need additional care after being discharged from the hospital are usually sent to either an inpatient rehabilitation facility or a skilled nursing facility. Although [...]

Article written by the American Academy of Estate Planning Attorneys The new tax law doubled the amount that can be passed free of federal estate taxation, at least through 2025. In 2018, [...]

The median cost of a private nursing home room in the United States increased to $100,375 a year in 2018, up 3 percent from 2017, according to Genworth's [...]

Do you have the right Medicare plan? It is fall, which means it is time to think about whether your current plan is still giving you [...]

Trusts designed to aid a person with special needs are commonly known as "special needs trusts."  There are three main types of special needs trusts: the first-party trust, the [...]

When one sibling is named in a power of attorney, there is the potential for disputes with other siblings. No matter which side you [...]

If you have it to give, you certainly can, but there may be consequences should you apply for Medicaid long-term care coverage within [...]

The Department of Veterans Affairs has finalized new rules that make it more difficult to qualify for long-term care benefits. The rules establish an asset limit and asset transfer penalties [...]

Often, people think estate planning is just for those who are elderly. While the elderly certainly need estate planning, estate planning is for anyone who cares what happens to them, their stuff, [...]

Medigap premiums can vary widely depending on the insurance company, according to a new study, so be sure to shop around before [...]

According to court documents, legendary singer Aretha Franklin did not have a will when she died, opening up her estate to public scrutiny and unnecessary costs and uncertainty. 

How much you need for retirement depends a great deal on how long you expect to live. There are now many Web-based calculators that can give you an idea of your life expectancy.

There are many good reasons to use trusts. Trusts avoid the probate process, which is a public process to change title of assets from the deceased person to the new recipient. Trusts may be [...]

The older you get, the harder it is to qualify for long-term care insurance. If you are interested in buying this insurance, it is [...]

A family's fear of losing their home to Medicaid may have contributed to a severe case of elder abuse. If they had [...]

Medicare is proposing a new flat rate reimbursement system for doctors who treat Medicare patients. Some worry that the plan may cause fewer doctors to accept Medicare.

The federal government has begun mailing new Medicare cards to 59 million Americans. You should keep track of when your new card will arrive and contact Medicare if you don't receive it.

Medicare is extending its offer of relief from penalties for certain Medicare beneficiaries who failed to sign up for Medicare Part B because they had coverage through the individual insurance [...]

There are two main types of employee retirement savings plans: the traditional 401(k) and the Roth 401(k). Distributions from a Roth 401(k) are usually tax-free, but there is a [...]

Although a nursing home cannot require a child to be personally liable for their parent's nursing home bill, there are circumstances in which children can end up having to pay.

Arizona and Florida are the latest states to request a waiver from the requirement that states provide three months of retroactive Medicaid coverage to eligible Medicaid recipients.

Figuring out how much to save for retirement and when you can safely stop working can be difficult. A growing number of online retirement calculators, many of them free, are available to help.

Medicare is mandated to cover your home health benefits with no limit on the time you are covered. Unfortunately, few Medicare beneficiaries get the full level of service to which they are [...]

New rules have been put in place to protect seniors from with brokerage accounts from financial scams that could drain the accounts before anyone notices.

A new study has found that people enrolled in a Medicare Advantage plan were more likely to enter a lower-quality nursing home than were people in traditional Medicare.

If your Medicare drug plan denies coverage for a drug you need, you don't have to simply accept it. There are several steps you can take to fight the decision.

A long-term care policyholder has successfully sued her insurance company for breach of contract after the company raised her premiums.

The choice of beneficiary for IRA, SEP, 401(k) or other retirement plans can have significant tax implications.  Here are some of the rules and concerns when designating [...]

The federal government is issuing new Medicare cards to all Medicare beneficiaries. To prevent fraud and fight identity theft, the new cards will no longer have Social Security numbers on them.

Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? How do you prove you made the [...]

A new federal law is designed to address the growing problem of elder abuse. The law supports efforts to better understand, prevent, and combat both financial and physical elder abuse.

Long-term care insurance policyholders were dealt a blow by the Oregon Supreme Court when it ruled that the state's elder financial abuse statute does not apply to their case.

The government is spending billions to fund assisted living services through Medicaid, but government oversight and regulation of assisted living facilities is lacking, according to a new [...]

Are you ready for old age? An essential and empowering book addresses the important issues and directs readers to a myriad of resources to help [...]

Older parents are becoming more common, driven in part by changing cultural mores and surrogate motherhood. Steve Martin, Billy Joel, and Janet Jackson are some examples. But [...]

Medicare is supposed to provide up to 35 hours a week of home care to those who qualify, but many Medicare patients with chronic conditions are being wrongly denied such care.

While long-term care insurance costs are up in general, some policies are going down in 2018, according to the 2018 Long Term Care Insurance Price Index, an annual report from the American [...]

A nursing home closure can be traumatic for residents who are forced to move. Although there may not be much that can be done to prevent a closure, residents do have some rights.

While most of the new tax law has to do with reducing the corporate tax rate from 35 percent to 21 percent, some provisions relate to individual taxpayers, including changes to the estate tax [...]

The legal wing of the AARP is suing a California nursing home that refused to readmit a resident