Elder Law News

This year, the IRS  adopted final regulations which allow an IRA or 401K account holder to direct 25% of the qualified funds into a new structure called a Qualified Longevity Annuity Contract (QLAC). This is a deferred-income annuity contract purchased from an insurance company with qualified funds. The portion of qualified assets used to purchase the QLAC will not be subject to the Required...

http://medicaid.gov/medicaid-chip-program-information/by-topics/eligibility/downloads/2015-ssi-and-spousal-impoverishment-standards.pdf Starting January 1, 2015, the Community Spouse Resource Allowance (CSRA) for the community spouse of a married Medicaid applicant is being raised to $119,220 from $117,240.00.  This is the amount of countable available resources that the community spouse can...

Tuesday evening I was privileged to participate in a lively panel at the JCC in Scotch Plains that was answering  questions on a wide range of elder care/ elder law issues. The panelists were terrific — Michele Morandi, D.O., geriatric physician based in Union and affiliated with Center for Hope Hospice https://centerforhope.com/ ; Chris Kaiser, MSW, LCSW, Director of the Older Adult...

If you apply for Medicaid benefits to pay for long-term care in a nursing home, assisted living or at home, you have to be prepared for the grueling 5-year look-back, a process that can leave you in a quagmire as you search for answers to the most minute questions about the personal financial lifestyle of your household or the applicant you’re assisting. Medicaid is now being referred to...

Back on June 5, 2014 I posted a blog called Advance Directives for Lifestyle. My concept was that as we age, we have to think about how our life will be managed by a third party when we aren’t so capable any more, and we should build more instructions into our documents to guide our agents regarding our preferences. Now I have ideas on strengthening the Durable Power of Attorney to build...

Now that we know that expanded Medicaid is kicking off in a big way this month, with expanded eligibility and full integration of all the waiver populations and nursing home residents in the new Managed Long Term Services and Supports program, we need to start thinking about how this will affect clients’ particular interactions with Medicaid, the managed care organization (MCO) and...

I am sure you’ve seen or heard about the changes coming to the NJ MLTSS Medicaid program with respect to applicants whose gross monthly income exceeds the “income cap,” which is presently $2,163. I’ve blogged about this over the last few months. Well it’s official now – the State has confirmed that December 1 is indeed the date in which this new procedure...

If you’ve been a designated as someone’s “Power of Attorney,” they’ve given you a big responsibility. The job is different than managing your own money. You are a fiduciary with a duty to the principal (the person who selected  you). You have to safeguard the assets of your “principal,” for their wellbeing and benefit. You need to stay aware of all...

If you are the advocate for someone in a nursing home — your spouse, parent, friend, relative — you may sometimes notice unusual behavior which is different from what you are accustomed to seeing with your loved one. Speak up. Ask the social worker what has changed. Is there a new roommate? A different aide waking the resident up in the morning? Is there another resident who is...

You may have heard that you should set things up to “avoid probate.” Bank or brokerage personnel may have recommended that you ” add a pay on death beneficiary, or a joint owner, so you can avoid probate.” There are fallacies built into that advice which can lead to unintended complications after death. Estate administration is a process that can include many elements...