Mid-Year Important Summary of Elder Law and Estate Planning

Speaking for myself, I have emerged from the cocoon of pandemic quarantine, with mask on, and with relief that my family did not have to use my health care proxy, nor did I have to use my 90-year-old mother’s proxy, for medical decisions.I emerge and find a stack of reading material requiring my attention on [...]

Critical Law Change for Medicaid Home Care Starting

The leading nonprofit advocacy group, New York Legal Assistance Group (NYLAG) has released an update on the NYS Department of Health’s ‘guidance’ for applicants of home care/community Medicaid/MLTC.In April, the Governor signed into law a change to the program which provides home health aides (often called personal care aides here, on Long Island) for seniors [...]

A Hint and a Heads-up – You Never Know if Nursing Home Care might be needed!

Recently, I have been handling a Medicaid application for a senior who, sadly, must remain in a nursing home. His family includes his wife and an adult developmentally disabled child (both physically and intellectually) since birth. The clients’ disabled son receives services under OPWDD under Self-Direction. An individualized ‘budget’ was created for their son based [...]

By |2020-02-27T19:31:55+00:00February 27th, 2020|Medicaid, Nursing Home, Special Needs Planning|0 Comments

A New Decade, A New Year Update for 2020

A few legal updates for your consideration as we enter our new decade: Retirement The SECURE Act of 2019 makes important changes to retirement accounts. The age at which required distributions must be taken is increased from age 70 ½ to age 72 for persons who turn 70 1/2 after December 31, 2019. The Act [...]

May 2018 Question of The Month: Divorce, child support and special needs trusts

Question: My spouse and I have settled our divorce. Our special needs child, now age 14, will receive $2,100.00 per month of child support until she is age 21. She is developmentally disabled. She will need her to keep her current Medicaid and when she is age 18. Is there a solution to keep the [...]

Question of the Month: Can I save for my special needs child’s future? She has a disability and will need Medicaid and SSI when she is age 18.

This month’s question: "Can I save for my special needs child's future? She has a disability and will need Medicaid and SSI when she is age 18." Beth's answer: Yes, you can now save for your child's future without affecting Medicaid and SSI eligibility and without spending legal fees. As of September 2017, New York [...]

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