Senior Counsel

Medicaid Planning Needs to be Updated - New Recovery Regulations Harsh

When someone dies having received Medicaid New York asks that their estate assets be used to repay the program for costs spent.  Until earlier this year the only estate recovery was against probate assets, those assets in individual name that required the full probate process through a local Surrogate's Court.  With the budget law signed this past April, estate recovery has been expanded to include all assets that pass under a will OR BY INTESTACY and ANY REAL AND PERSONAL PROPERTY IN WHICH THE DECEDENT HAS ANY LEGAL TITLE OR INTEREST AT THE TIME OF DEATH. 

Major changes are at hand.  New emergency regulations were just published in the last two weeks, effective back to September 8, 2011, and an administrative directive was just issued by the Department of Health last week, the state agency that oversees the New York State Medicaid program.  Everyone who has engaged in any kind of asset protection planning, those who have even thought about protecting assets and those who are currently on Medicaid (or their agents) should be meeting with skilled elder law attorneys to review those plans and determine what, if anything, needs to happen now.  No longer will non-probate assets escape State recovery efforts; joint accounts, life estate interests in deeds (VERY common tool used by unsophisticated attorneys in the past), and annuities are all on the table now.  And surviving spouses will simply receive deferred recovery until they pass away.  The new regulations and directive leave much open to interpretation and are not to be treated lightly. 

We will provide a Long Term Care Assurance Session for all of our clients on one of our VIP Membership Plans, but given the serious nature of these changes in the law we urge other Rochester area families to contact us for a no-obligation Long Term Care Assurance Session.  Options for planning still exist, but you need to see an actual elder law attorney, not the general practitioner down the street who dabbles in whatever comes through the door.  Please contact our Client Services Director  at (585) 244-2170 to schedule your own Assurance Session.

Great Songs about Aging - with HUGE gratitude to Jeff Marshall, Esq.

Jeff Marshall, Esq., a fellow NAELA colleague, compiled this list of amazing songs about aging for his blog.  He asked for contributions from NAELA members and was gracious enough to share the end product through his blog.  My personal favorite is Skin by Chris Trapper but if you listen I guarantee you will find some old (and maybe new) favorites.  Hope you enjoy these!

Colonoscopies and Other Tests Can be a Pain in the...Pocketbook

Under the new Obama health care law changes routine screenings are supposed to be free, but patients must educate themselves as to what is free (a "screening") and what is subject to a charge (a "diagnostic procedure").  The problem is that a routine screening can become a diagnostic procedure midstream, while the patient is sedated.  Pretty hard to discuss with the doctor if you want them to continue with that procedure when you're unconscious.  This article posted earlier today details the exact problem for a 61-year old business owner who went from having a free colonoscopy as recommended to paying an $1,100 fee for having two polyps removed.  Bottom line (no pun intended) is to TALK to your insurer prior to any procedure and understand what it COULD cost you.  Never assume.

 

 

Veterans Benefits See First Increase for Cost of Living Since 2008

Veterans' benefits expert Dale Krause, JD, LLM, of Krause Financial Services posted in his blog about the first VA benefits increase for cost of living since 2008.  See it here.

Social Security Increases, But Medicare Costs Rise, Too

Social Security Increases, But Medicare Costs Rise, Too.  And don't forget that the open enrollment period ends December 7, 2011 this year.  If you need help choosing a Medicare plan, please contact us for referrals to trusted advisors who can help!

Celebrate National Special Needs Law Month October 2011 with The Powers Law Firm

I am so proud to be a special needs law attorney and member of the National Academy of Elder Law Attorneys (NAELA), which has sponsored a nationwide observance of Special Needs Law Month during the month of October.  Headquartered in Washington, D.C., NAELA was formed in 1987 in response to the growing needs of older adults and people with disabilities in coping with the legal problems of aging and special needs. 

Programs this month throughout the United States will include: an overview of the Patient Protection and Affordable Care Act; Medicare Part D presentations; seminars in financing long-term care; seminars in legal tools for financial management, such as powers of attorneys and trusts; seminars in understanding Medicare and Medicaid; discussions of special needs trusts and a student’s right to an independent educational plan; discussions of public entitlements, such as Social Security and Supplemental Security Income; discussions of housing options; and other issues with which local special needs law attorneys feel the public should be familiar.

Membership in NAELA has grown to more than 4,000 members since its inception in 1987 commensurate with the continuing national advocacy for people with special needs.

Unlike traditional generalist lawyers or even trusts and estates attorneys, as a special needs law attorney I focus on my clients “holistically” – helping with the issues that affect a particular segment of the population rather than a particular area of law.

When clients visit our firm, they generally present problems beyond the need for a will or a power of attorney.  We know the multifaceted aspects of this complex area of the law and can refer those in need to a large network of services and providers who rescue our clients right along with us.

Like NAELA we are committed to education for our clients, other professionals serving our clients and members of the public.  We constantly monitor the ever-changing statutes and regulations to which people with disabilities are often sadly beholden for their daily needs.

NAELA Members are the premier providers of legal advocacy, guidance and services that enhance the lives of seniors and people with disabilities.  If you are a senior facing aging issues or anyone with special needs you owe it to yourself and your family to only work with a NAELA member devoted to you.  Other attorneys just cannot and will not provide that level of service.  We welcome the opportunity to help you and your family.  Call today to schedule your Family Wealth Planning session and learn how we can make your life and the lives of your loved ones secure.