Voting Rights for People With Cognitive Impairment
A fundamental aspect of a representative democracy is the right to vote, shared by all eligible citizens, whether or not they have full cognitive abilities.
Does Medicare Cover Hearing Aids?
Hearing loss is common in older adults, but many still don’t wear hearing aids. In addition to helping people to hear better, hearing aids have been demonstrated to have a positive impact on physical and mental health.
Medicare Open Enrollment – and New Benefits – Are on the Way
Medicare open enrollment is on the horizon. Start thinking about changes you may want to make to your coverage. Some significant changes have come along for Medicare, with more taking effect in the near future.
Cybersecurity Awareness Month: Maintain Your Online Safety
Our devices offer so many benefits and have become such an integral part of our lives that we often forget how much easier they make it for people to steal our information or take advantage of us.
10 Do’s and 1 Don’t for the Trustee of a Trust
Whether it’s an honor or a burden (or both), you have been appointed trustee of a trust. What responsibilities have been thrust upon you? How can you successfully carry them out?
Who Needs a Trust Instead of a Will?
While simple estate plans may just use a will, more complex plans may benefit from also employing a trust.
License Renewals: What Are the New Rules for Senior Drivers?
Older drivers are among the safest of all drivers, a AAA report showed. Nonetheless, state senior driving laws vary widely across the country.
The Loneliness Epidemic: Helping Seniors Stay Connected
Failing to maintain and make new meaningful connections as older adults age can lead them toward a deep sense of loneliness. This can affect their mental and physical health, including increased risk of heart disease, Parkinson’s disease, and dementia.
What You Should Know About the Medicare Tax
Medicare tax is an essential component of the United States tax system. It plays a crucial role in maintaining the solvency and functionality of the Medicare program.
my Social Security Transitions to Login.gov
On July 12, 2024, the SSA announced a change affecting many account users. Those who created a my Social Security account before September 18, 2021, must transition to a different type of online account known as a Login.gov.
What Is a Trustee in Estate Planning?
A trustee is the person or institution appointed to manage a trust on behalf of beneficiaries of the trust.
Proper Estate Planning Reduces Issues of Probate
Sound estate planning can make the probate process run efficiently and smoothly, protecting your estate’s value and legacy and preserving your family’s well-being. An attorney can help mitigate the risks.
IRS Finalizes 10-Year RMD Rules for Inherited IRAs
After much anticipation, the Treasury Department and the Internal Revenue Service (IRS) have issued final regulations relating to the 10-year required minimum distribution (RMD) rule for people who inherit individual retirement account (IRA) assets.
Proposed Medicare Bill to Help Seniors With Medical Costs
In the ever-evolving landscape of health care, one critical challenge has been ensuring that Medicare recipients receive the coverage they need without undue financial burdens.
Promissory Notes and Medicaid Planning
A promissory note is normally given in return for a loan. Classifying transfers as loans rather than gifts can be useful because it sometimes allows parents to “lend” assets to their children and still maintain Medicaid eligibility.
Feds Simplify and Clarify Various Medicaid Rules for States
Thanks to a new rule recently finalized by the federal government, obtaining and renewing health care coverage under the Medicaid program is set to become easier for millions of Americans.
New Rental Assistance Rule May Open Benefits to More Seniors
Effective September 30, 2024, a new Social Security Administration rule is likely to allow more elders to qualify for Supplemental Security Income (SSI). Some current SSI recipients may see an increase in their monthly benefit amount.
11 Reasons You Need to Create an Estate Plan
Many people think that estate plans may be for someone else, but certainly not them. Here are 11 compelling reasons to set up an estate plan, no matter what your age or net worth.
Estate Planning for Entrepreneurs and Business Owners
If you’ve created a business, you know that success doesn’t happen overnight. But do you know what will happen to your business if something unexpected impacts you or when you decide to step away?
7 Common Inheritance Mistakes to Avoid
Avoid making these common mistakes that can rapidly affect your inheritance and future plans.
Medicaid Spend Down: Pay for More Than Just Medical Bills
Since the 1960s, Medicaid has provided health care coverage for low-income people across the United States. For millions of seniors, Medicaid offers financial assistance, helping them to cover the cost of long-term care services. Today, this joint federal-state program also benefits…
Blended Families and Wills in Estate Planning
Estate planning for blended families is key to a smooth inheritance process, especially since probate rules and intestate succession law do not treat step and biological children the same when it comes to inheriting.
Why Trusts Are Important Estate Planning Tools
Trusts can offer many benefits, including allowing assets to pass directly to beneficiaries and charitable organizations without going through probate, minimizing taxes, and protecting your legacy from creditors.
How Life Insurance Is Involved in Estate Planning
Life insurance can be an integral and important part of a well-drafted estate plan. There are numerous benefits to owning a life insurance policy aside from providing a large sum of money to beneficiaries.
Does Divorce Affect Social Security Spousal Benefits?
As a spouse, you have the option of claiming a Social Security retirement benefit based on your own earnings record or collecting a spousal benefit equal to half of your spouse’s Social Security benefit.
HUD Housing Programs That Support Aging in Place
As adults age, they may want to remain in their homes and communities for several reasons. For one, remaining in one’s own residence preserves independence.
Understanding Medicaid: What Does Medicaid Cover?
Though Medicaid exists to help those who need it, navigating the specifics of what it covers and does not cover can be daunting. Here are highlights on the basics of Medicaid coverage.
The Costs of the Rising Cost of Long-Term Care
As the U.S. population ages and life expectancies increase, the need for long-term care is becoming an important consideration for many individuals and families.
Avoid Guardianship With a Durable Power of Attorney
A guardianship or conservatorship protects the interests of an adult who can no longer make decisions for themselves. A guardian or conservator is someone (or several people) with the legal authority to make decisions and act on behalf of another.
Their…
What Is a Contingent Beneficiary?
When making a will, you’ll work with an estate planner to designate those who will inherit from you. The persons (or entities, such as a charity) you choose are the beneficiaries of your will.
Probate Process: A General Timeline
In general, the probate process moves quickly if the estate has minimal assets and little debt. Larger estates can take anywhere from nine months to a few years, especially with problematic family dynamics.
7 Things to Know About Living Wills
What would happen if you became seriously ill or injured and were no longer able to make your health care decisions? A living will can outline your wishes so your loved ones can make informed decisions about your care in an emergency.
Claiming the Guardianship of an Elderly Parent
If your parent did not prepare for incapacity and name a person to act as their power of attorney, you won’t be able to create a legal document after they are mentally impaired. You will need to claim guardianship.
Does Medicare Cover Prescription Weight Loss Drugs?
Americans have a growing appetite for prescription drugs such as Ozempic, Wegovy, and Mounjaro. Originally developed to treat Type 2 diabetes, they are now exploding in popularity as a weight loss treatment.
Elder Financial Abuse: How an Elder Law Attorney Can Help
Sadly, there are seemingly limitless financial fraud schemes that affect older Americans. The impact of financial abuse is enormous.
What You Should Know About Long-Term Care
Elder law attorneys understand the challenges of planning long-term care amidst the shifting care environment. Evaluating costs and developing strategies to pay for long-term care before you actually need it is crucial.
What Are Medicaid Asset Protection Trusts?
If your assets are above the resource limit that would allow you to qualify for Medicaid, you may be able to engage in Medicaid planning. Legal strategies will allow you to qualify for benefits and preserve your assets.
Most US Workers Say They Will File for Social Security Early
To secure the maximum amount in monthly Social Security retirement benefits, Americans must wait until full retirement age to start receiving their payouts. Results from a 2023 survey show that most of today’s workers know about this stipulation – and yet the vast majority say they’re willing to file for their Social Security benefits early anyway.
Are You a Family Caregiver? New Bill Seeks to Lower Costs
Recently proposed legislation seeks to offer financial relief for unpaid family caregivers. The Lowering Costs for Caregivers Act of 2023 is the result of a bipartisan effort to lessen the costs of family caregiving.
Medicare Benefits 2024: 5 Positive Changes for Seniors
Although 2024 Medicare premiums are seeing an increase, there are nevertheless a few bright spots. Starting on January 1, 2024, Medicare enrollees may be pleased to hear about several positive changes taking place.
Pay Monthly for Medicare Part D Prescriptions Come 2025
Under a new Medicare Prescription Payment Plan starting in 2025, all Medicare prescription drug plans, including Medicare Advantage plans, will offer enrollees the option to spread out their prescription drug out-of-pocket costs over 12 months.
Medicaid Planning Protects Your Home
Your most valuable property may be your home. You likely want your children to inherit that value when you pass away. However, you may also have concerns about planning for the future, especially if you need long-term care.
A Seniors Guide to Estate Planning
Most older adults acknowledge that estate planning is essential. Yet, nearly half of Americans age 55 or older do not have a will. Even fewer have designated powers of attorney, a living will, or health care directives.
What Is MAID (Medical Aid-in-Dying)?
Some people may wish to decline life-saving treatment if facing a terminal illness. Others opt to seek out a physician’s assistance in dying. Acting to end life before its natural course has run poses grave moral issues for many.
Staying Eligible for Medicaid after the Death of a Spouse
When one member of a couple moves to a nursing home, we expect that spouse will be the first to die, but this isn’t always the case. What happens if a Medicaid recipient’s spouse dies first?
Elder Law: Can Medicaid Take Your House?
Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn’t mean it’s completely protected. A lien can be placed on the house to recover costs after you die.
Selling Your Life Insurance Policy to Help Cover Expenses
The National Council on Aging reports that more than 16.5 million adults 65 and older experience economic insecurity. Rising housing and health care bills can also burden seniors on fixed, limited incomes.
2024 Standard Protections for Spouses of Medicaid Applicants
Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits.
Getting Social Security Checks While Living Overseas
Many retirees look forward to traveling in their retirement. More and more are actually retiring overseas, in part as a way to stretch savings. But what happens to retirees’ federal benefits while they are out of the country?
What Are the Different Types of Adult Day Care?
Caregiving is hard work and it is easy for caregivers to get burned out. Adult day care centers provide care and companionship in a group setting to seniors who need supervision during the day, allowing caregivers to go to work or take a much-needed break.
Baby Boomers: Inheritance Conversations With Your Children
Not talking to your adult children about their inheritance comes at a cost. Do what you can to manage expectations for adult children as they forge their financial plans. Knowing their general inheritance situation can change their decision-making process and lead to better outcomes.
Report: The Current and Future State of Estate Planning
In a survey published this past fall, more than 1,000 participants aged 18 to 99 shared insights on their estate plans – or lack thereof. In fact, more than half said they have not consulted an estate planner regarding a trust or will.
New Year’s Resolution: Get That Estate Plan Done
Visiting an attorney to get your estate plan done is one New Year’s resolution that you should definitely keep. None of us knows whether or when we may find ourselves seriously injured or sick.
Estate Planning: Should I Divide My Assets Equally?
Even if your children get along well, the distribution of your assets can require conflict resolution skills. Without previously experiencing any significant conflicts, even close siblings can struggle to maintain happy family relationships when settling your estate.
Using a QTIP Trust in Estate Planning
Qualified terminable interest property (QTIP) trusts enable individuals to maintain control over the assets they leave their spouse while preserving wealth and leaving a meaningful legacy for children and charities.
Should My End-of-Life Care Plan Include a Death Doula?
A death doula, or end-of-life doula, is a person who serves as a companion for a dying person and typically assists their loved ones in providing comprehensive and supportive care.
2024 Annual Gift and Estate Tax Exemption Adjustments
With the arrival of the new year, revisions to the annual gift tax and estate tax exclusions will be going into effect, as recently announced by the Internal Revenue Service.
14 Essential Questions to Ask Aging Parents This Holiday
With multiple generations getting together for holiday meals, gift exchanges and quality time, these annual gatherings present an opportunity to broach sensitive but important topics with your aging loved ones.
Notarizing Documents for Seniors With a Dementia Diagnosis
An Alzheimer’s or dementia diagnosis can be a challenging journey for the person and family alike. When the diagnosis occurs, a ticking clock begins on the timeline for getting proper and sound notarizations done for crucial legal documents.
Is an Independent Living Facility Right for Me?
An independent living facility is a housing arrangement that caters to older people, usually aged 55 and older. Some people may refer to these facilities as 55-and-over communities, active adult communities, or retirement communities.
PACE Program Helps Seniors Remain at Home
Most seniors want to be able to stay at home as long as they can instead of moving into a nursing home. The PACE program provides care and services to some nursing home-eligible seniors to enable them to remain in their home longer.
Can Over-the-Counter Hearing Aids Prevent Dementia?
For older adults experiencing hearing difficulties, over-the-counter hearing aids could improve quality of life, preserve social connectedness, and prevent cognitive decline.
What Will Your 2024 Social Security Benefits Look Like?
In 2023, recipients of Social Security benefits saw the biggest increase in decades in their monthly checks. Although their payouts will indeed rise again in 2024, the cost-of-living adjustment (COLA) will be considerably more modest.
Medicare Part B Premiums, Deductibles Going Back Up in 2024
In 2023, seniors were happy to see their Medicare Part B standard monthly premiums and annual deductibles go down for the first time in more than a decade. Unfortunately, that’s not the case for 2024, when these charges will be back on the rise.
SNAP Benefits for Older Adults With Limited Income
If you are a senior on a fixed income, you may worry that you will not have the money to fill your fridge. The Supplemental Nutrition Assistance Program (SNAP) exists to help people make ends meet.
What to Do When Social Security Overpays
The SSA has overpaid billions of dollars in benefits to Social Security recipients. An overpayment occurs when Social Security gives you more money in a month than you should have gotten. What can you do when they want those payouts back?
What Does Incapacitated Mean in Elder Law & Estate Planning?
Someone who is incapacitated cannot make personal decisions or understand legal documents. An incapacitated person requires a surrogate decision-maker, such as an agent under a health care power of attorney or a guardian.
6 Ways the Sandwich Generation Can Plan for The Future
Many couples in their 30s and 40s are providing for their families and balancing care duties between the needs of children and parents. Managing it all takes preparation, organization, and communication.
Should a POLST Be Part of Your Care Plan?
By creating Physician Orders for Life-Sustaining Treatment (POLST), individuals with long-lasting or terminal conditions can ensure they receive their desired treatment should their health decline.
What to Know About Creating a Living Will
Creating a living will ensures your future health care decisions and plans are respected. A living will is a legal document outlining medical treatment preferences and end-of-life care if you can’t communicate or make decisions for yourself.
Assisted Living vs. Nursing Homes: What’s the Difference?
Assisted living facilities and nursing homes are long-term housing and care options for older adults. Although people sometimes use the terms assisted living and nursing home synonymously, they are distinct.
11 Common Acronyms in Elder Law and Estate Planning
Understanding some of the common medical and legal terms in the field of estate planning and elder law can give you added confidence in your approach to planning for your own future or that of your loved ones.
Inherited Retirement Accounts: Minimizing Tax Consequences
The SECURE Act changed how beneficiaries of inherited retirement accounts must withdraw these funds. Its passage made it more difficult for individuals to pass their retirement savings on to their heirs without tax liability.
What Is a Gun Trust?: Estate Planning Q&A
If you own a firearm of monetary or sentimental value, you may wonder how to transfer ownership to your loved ones after you die. In addition to creating a will, you may want to make special arrangements for your weapon.
Ashes to Ashes, or Ashes to Soil? Is Human Composting Real?
As more people look to adopt environmentally sustainable practices not only in life, but now also in death, ‘green’ alternatives may become more of a norm in the future.
Mitigating the Impacts: Sunsetting the Tax Cuts and Jobs Act
The Tax Cuts and Jobs Act (TCJA) took effect on Jan. 1, 2018, and impacted personal income taxes, estate tax rules, capital gains rules, and much more. The TCJA is scheduled to sunset at the end of 2025. This will lead to significant changes for taxpayers.
Why Hire an Elder Law Attorney?
Elder law attorneys, with expertise in estate planning, incapacity planning, and end-of-life care for seniors, are essential in working to protect a vulnerable population.
What Is a Medicare Flex Card?
As part of their benefits, some Medicare Advantage beneficiaries receive Medicare flex cards. These are pre-paid debit cards for qualifying expenses.
RSV Vaccine Options for U.S. Seniors to Become Available
Respiratory Syncytial Virus Infection (RSV) is a respiratory infection that mimics the common cold. However, the virus can cause serious complications in older adults.
11 Things You Can Do Online Via the Social Security Website
Whether or not you are already receiving Social Security benefits, there are numerous services you may be able to take advantage of through the SSA website.
What Are the Drawbacks of Naming Beneficiaries?
Although in many situations the advantages outweigh the disadvantages when selecting beneficiaries, there are always exceptions.
Lady Bird Deeds: A Different Kind of Life Estate
If you are a property holder, you may use a Lady Bird Deed to transfer real property to a specific beneficiary while retaining certain rights to the property.
8 Frequently Asked Questions on Last Wills and Testaments
Last wills and testaments (also known simply as wills) are not just for the wealthy.
Do You Need a Spendthrift Trust?
Creating a spendthrift trust for your loved one can limit their spending and your protect wealth.
When Does Someone Need Financial Guardianship?
When individuals cannot manage their finances, courts can appoint guardians. Financial guardianship is for those who need help handling money.
Innovative Long-Term Care Housing Solutions for Seniors
America has three major housing issues for seniors: affordability, physical accessibility, and access to medical care and other services. There is a need for creative solutions to housing.
Medicare Extra Help Program Set to Expand in 2024
Seniors and disabled citizens will receive more access to the Medicare Extra Help Program as of the beginning of 2024.
Home Health Services Underutilized by Seniors, Study Shows
Although Medicare funds some home health care services, a recent study has found that Medicare beneficiaries are underutilizing the program’s home health care options.
Do You Need a HIPAA Release?
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that protects patients’ privacy.
3 Common Probate Questions: Estate Planning Basics
Some assets transfer directly to heirs after a person’s death. Other assets must go through a process known as probate.
Modifying an Irrevocable Trust Through Trust Decanting
Many individuals are concerned when they hear the term “irrevocable” trust, as they equate the permanency of the term “irrevocable” with the idea that such a trust can never be changed.
6 Facets of Estate Planning That LGBTQ+ Couples Should Know
For LGBTQ+ couples, estate planning may be more important than they realize.
Some States Testing Out Medicaid Coverage for Healthy Food
Under a federal pilot program, a number of states are using Medicaid funds to cover healthy food costs for Medicaid recipients.
The Consequences of Not Paying Your Property Taxes
Many seniors wish to leave their home to their heirs. However, they may often lose track of their finances and fail to pay certain obligations, such as their property taxes.
An Epidemic: Substance Abuse a Growing Problem Among Seniors
More and more seniors are facing a substance use disorder problem that in large part has remained silent.
On Medicare? What You’ll Pay for Now That the PHE Has Ended
The COVID-19 Public Health Emergency offically ended in May 2023. Certain policies that were implemented in early 2020 during the PHE will now expire.
Do You Need a Trust?: Estate Planning Q&A
Trusts are legal arrangements used in estate planning, alongside wills and advance directives.
Should I Explore Qualified Longevity Annuity Contracts?
A QLAC is an annuity that you purchase with funds from an IRA, 401(k), or 403(b) account and that guarantees you will receive retirement income on a set schedule.
Why You Should Designate Beneficiaries
A crucial, yet often overlooked, component of estate planning is reviewing assets, such as 401(k)s, pensions, and savings accounts, and ensuring you have listed a beneficiary for each of these.
VT Law Now Permits Nonresidents to Access Assisted Suicide
Vermont has become the first state in the U.S. to update its end-of-life choice law to make it legal for nonresidents to pursue medically assisted suicide.
