Elder Law – General

7 Costliest Mistakes to Avoid When a Spouse Enters a Nursing Home

7 Costliest Mistakes to Avoid When a Spouse Enters a Nursing Home

Federal law provides a number of protections for a Medicaid applicant’s spouse (also known as a “community spouse”). Problem is, too few people know of these protections and too many couples fail to take advantage of them. Result? A couple can lose tens of thousands,...
What is “undue influence” in a will contest?

What is “undue influence” in a will contest?

A will can be contested on various grounds – forgery, fraud, or incapacity of the signer, for instance. The most common basis for a will contest, though, is known as “undue influence” – that is, an allegation that a “testator” (person who signed the will) of weakened...
ABLE Act accounts will help the disabled

ABLE Act accounts will help the disabled

Some disabled individuals may now obtain tax-advantaged accounts, similar to 529 college savings accounts, to pay for expenses related to disability. These accounts result from the Achieving a Better Life Experience (ABLE) Act passed by Congress in 2014. Allowable...
Marriage versus cohabitation for elderly couples

Marriage versus cohabitation for elderly couples

Clients who have found love in their senior years (after death of a loved one or divorce) often ask whether it is better to marry or simply live together (cohabitate). The question can raise complex issues in the answer will vary according to the couple’s individual...
Long term care insurance: What if you don’t qualify?

Long term care insurance: What if you don’t qualify?

Long term care insurance can be a great planning tool to reduce the impact of care costs in your retirement years, and to receive care in your home rather than in a facility. But not everyone qualifies. Long term care insurance requires underwriting – a process by...
Will the bank honor your power of attorney?

Will the bank honor your power of attorney?

A recent article in the New York Times reported on the resistance of banks (and other financial institutions) to honor requests by someone holding power of attorney for an incapacitated person. In one case, the son of a woman with Alzheimer’s disease could not access...