On February 13, 2017 the United States District Court for the District of Vermont approved a stipulated corrective statement disavowing the erroneous, but common, “improvement standard” that Medicare decision makers had been relying upon in denying benefits for patients during their Continue reading
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Do you have the RIGHT Power of Attorney?
Wilma has dementia and was just admitted to a nursing home. Her daughter, Pebbles, is in our conference room in a weary and teary state. Pebbles has just learned that due to having an inadequate power of attorney in place essentially all of Wilma’s assets will have to be used to fund Continue reading
Why Does Probate Take So Long?
Probate can be easily avoided, but most estates are dragged through the process. Why? Many people fail to create an estate plan, so probate is required. And – others plan with just a Will, so probate is required. As a result, assets end up at the mercy of a probate judge, open to Continue reading
The Five Components of a Good Estate Plan
Many people believe that if they have a will, their estate planning is complete, but there is much more to a solid estate plan. A good plan should be designed to avoid probate, save on estate taxes, protect assets if you need to move into a nursing home, appoint someone to make your Continue reading
What’s the Difference Between a Will and a Trust?
Everyone has heard the terms “will” and “trust,” but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan.
One main difference between a will and a trust Continue reading
Strategies for Those Awkward Financial Discussions
There may be people close to you (spouse, parents, children) who are practicing financial behaviors that are unproductive or destructive. You want to help them get back on track, but you don’t want to come across as judgmental or condescending, or put them on the defensive.
The Key Continue reading
What is Medicaid and How does it affect the Country and its budget?
Kaiser Health News has compiled a wonderful breakdown of Medicaid. Not just Nursing home medicaid, but the entirety of the system. Here is everything you could ever want to know about how medicaid is built, how it works, and how it effects us as a country. The facts, not the spin Continue reading
Do New York’s Courts suddenly disagree about when a Medicaid Qualification Penalty is proper under the law?
Some great cases on when transfers of assets will create a Medicaid penalty period in Central and Western New York came down in the final quarter of 2016. The regions’ two Appellate Courts reached seemingly inconsistent conclusions on when a Medicaid Penalty is appropriately imposed. Continue reading
How NOT to do your Estate Planning!
A New York trial court recently, and correctly I might add, held that that an incapacitated woman was unduly influenced by her agent under a power of attorney. The Court found that the testimony of an attorney who drafted a will for the woman on behalf of the agent did not carry much Continue reading
Continuing Care Retirement Communities
Continuing care retirement communities (CCRC) are fantastic options of seniors who are fond of planning ahead and controlling their living arrangements and potential long term care needs. Having recently toured a fantastic CCRC modeled campus in Chautauqua County, run by Heritage Continue reading
