How Separate Accounts Are Treated When Establishing Nursing Home Care

“My parents have always had separate investment accounts. Dad is being admitted to a nursing home, but mom will be able to keep her account, right?”   The question of whether a parent can keep accounts in their own names often comes up when somebody, one of them, has gone into a nursing home. So let’s just say that the husband goes

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Will I Lose My House If Spouse Goes Into Nursing Home?

“I heard the state is going to take my house if my spouse gets admitted to a nursing home. Is that true?”   We have many clients who have the unfortunate decision of putting a loved one into a nursing home. When it’s your spouse, it can be a major concern because you’re worried about your own financial health.  And we have

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Protecting Home When Spouse Admitted To Nursing Home

“My dad went into a nursing home and mom is at home – is there anything we can do to protect my mom?”   If your father has gone into a nursing home unexpectedly, say for instance he’s 85 and has just had great health and then had a rapid decline. Your mother is living at home and you’re very concerned about

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5 Reasons You Need Special Needs Planning Attorney For Your Case

If you are a family law attorney, you’re well acquainted with the intricacies of a number of areas when it comes to the dissolution of a marriage – division of marital property, child custody and support, and alimony. However, when that divorce involves a child with special needs, or a spouse with severe disabilities, the picture becomes considerably more complicated. Should you

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house in irrevocable trust

Should You Put Your House Into An Irrevocable Trust?

“My mom went into a nursing home and lost everything. I want to put my house in an irrevocable trust. Can you help? Is that advisable?” Should you put your house into an Irrevocable Trust? Many clients come to our office saying that they want to create an irrevocable trust now and they want to put their house in this irrevocable trust

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How to Provide for a Special Needs Child After You’re Gone

If you are the parent or guardian of a child with special needs, you’ve already experienced the various challenges of navigating the complex world of government benefits programs and federal and state regulations for persons with disabilities.  It is likely you have thought more than once, “I sure am glad I was here to help!” Fortunately, you are the most persistent advocate

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Could You Afford a Nursing Home if You Had to?

In 1900, average life expectancy in the U.S. was about 47. Today, it’s nearly 80. As we are getting older, the chances of needing long-term or nursing home care has increased dramatically. In fact, one estimate projects that 70% of people turning 65 will need long-term care at some point. If that is you or a loved one, you may be wondering

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Transfers to Spouses Under Medicaid

Is it too late to plan for Medicaid if my spouse already is in a nursing home? Many individuals fully intend to take care of their spouse until the end of life, but ultimately must make a very difficult decision to place a spouse in a long-term nursing facility when the caregiving needs become overwhelming or there is a change circumstances. Frequently,

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What is the Difference between a “Living Will” and a “Durable Power of Attorney for Health Care”?

Question:  What is the difference between a “living will” and a “durable power of attorney for health care?”  Do I need both and, if so, which is more important? Answer:  It is important to know about “advance directives” and how they work. Advance directives are specific instructions about the type of future medical care you want, or do not want, if you

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What is Elder Law?

What is elder law and how do I find an elder law attorney? Elder law is a focused practice for lawyers who choose to handle issues commonly faced by elderly and disabled individuals. Attorneys may advertise that they specialize in elder law if they have met specified qualifying criteria, which usually includes a written examination and evidence of extensive experience in the

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