Tag Archives: Medicaid

Transferring Assets and the Five Year Look-back

When an individual applies for Medicaid assistance in a nursing home, one of the first questions that is asked of them has to do with whether a transfer has been made of any asset for less than fair market values within five years (60 months) of the date of the application.  If such a transfer has been made, a “penalty period” will result depending on the value of the gift.  The larger the gift, the longer the penalty period.  Continue reading

Medicaid Protections for the Healthy Spouse

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community while their husband or wife is receiving long-term care benefits, usually in a nursing home. Continue reading

What is a Third-Party Special Needs Trust??

Special needs trusts come in three main flavorsfirst-party special needs trusts, third-party special needs trusts, and pooled trusts.  All three trust varieties are designed to manage resources for a person with special needs so that the beneficiary can still qualify for public benefits like Supplemental Security Income (SSI) and MedicaidContinue reading

5 Ways for Congress to Back Retirees

By Jennie L. Phipps · Bankrate.com

posted Thursday, January 15, 2015

  • Being old and poor in the U.S. isn’t easy — or uncommon.

In 2010, about 26 percent of people 65 and older had individual incomes that were between the federal poverty level — $10,458 — and 200 percent of the poverty level — $20,916. Another 9 percent had incomes below the federal poverty level, according to the U.S. Census Bureau.

That adds up to more than a third of people 65 and older living on less money than it takes to enjoy a secure retirement. Continue reading

What is Elder Law??

South Carolina Elder Law Attorney, Mitchell Paine, recently shared the following thoughts on my Elder Care Matters Website. What is elder law? It is a question I am often asked and I think my colleague, Mr. Paine, gives an extraordinary answer.

Well among attorneys there seems to be no clear definition for the term elder law because it encompasses so many areas. An elder law attorney will be involved in estate planning, Medicaid eligibility, Medicare law, Social Security law, Wills, Trusts, Probate, retirement planning, healthcare planning, disability incapacity, dementia, Alzheimer’s, and the list goes on.

Perhaps the best definition of elder law is “an area of law which applies a holistic approach to addressing the unique legal needs of senior citizens, including retirement benefits, estate planning, healthcare, and other issues.”

Continue reading