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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When is Guardianship Necessary?

Petitioning the court for guardianship over another individual is sometimes necessary when the individual in question is not able to provide for his or her own basic needs such as, food, shelter, health care or to manage personal finances. Guardianship may often be avoided if other less restrictive alternatives are available, such as when financial or health care power of attorney documents

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Understanding Medicare Benefits

The best way to take full advantage of your Medicare benefits is to be aware of the terms of your coverage. A summary of general Medicare coverage information for 2022 is available online at:  https://www.medicare.gov/pubs/pdf/10050-Medicare-and-You.pdf. Another resource is your local State Health Insurance Assistance Program or “SHIP,” which is a federally funded organization that responds to Medicare questions from the general public.

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Special Needs Trust Fairness Act

Persons with disabilities will soon be able to create self-settled special needs trusts on their own behalf under 42 U.S.C. 1396p(d)(4)(A). Under current law, creation of such a trust required the signature of a parent, grandparent or legal guardian, or court approval. Congress has overwhelmingly approved the 21st Century Cures Act and sent it to the President on December 8, 2016.  This

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Judith Bomster to Present at 10th Annual New Hampshire Bar Association Ethics CLE Program

June 24, 2016:   Judith L. Bomster to be panelist at the 10th Annual New Hampshire Bar Association Ethics CLE Program.  This annual Continuing Legal Education program is open to all New Hampshire Attorneys to explore ethical questions in the legal environment designed to avoid and respond to complaints.   The focus this year will be on new ethical issues and Judith will present

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Judith Bomster Presents at Taylor Community

JUDITH L. BOMSTER presented on May 24, 2016 at Taylor Community in Laconia, New Hampshire on www.taylorcommunity.org “Continuing Care Retirement Communities – Everything You Need to Know. CCRC’s (Continuing Care Retirement Communities) across the country are growing in popularity as a residential option when empty nesters are downsizing. The decision to join a “CCRC” can be daunting when faced with so many

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