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What is Hospice & Palliative Care and Who is Eligible?

Hospice vs Palliative Care Hospice care essentially means “comfort care” and is intended for patients with a terminal prognosis, typically diagnosed with a life expectancy of six months or less, regardless of age. The goal is to make such a patient, whose condition cannot be cured or improved,  as comfortable as possible  in a warm, supportive … Read moreWhat is Hospice & Palliative Care and Who is Eligible?

What is Guardianship?

What is Guardianship? Guardianship refers to the authority granted to a person by the Court to take care of a disabled person’s person and / or property. If a family member or someone in need is unable to manage his or her affairs due to frailty, long-term illness, disability or mental incompetency, you can petition … Read moreWhat is Guardianship?

Do I need to sign over my house and savings to pay for the nursing home cost of care?

Do not listen to what the nursing home office tells you! In many cases, the family home is or can be protected. Experience has shown that nursing home business office managers and Medicaid assistants do not understand key aspects of the Medicaid laws.  You could end up paying a whole lot of money to the nursing … Read moreDo I need to sign over my house and savings to pay for the nursing home cost of care?

Should I sign a nursing home contract?

You should always review a proposed Nursing Home Contract with an Elder Law Lawyer before signing or providing significant financial information to the nursing home. While most people prefer not to enter or place a loved one in a nursing home, there are times when, despite one’s best intentions, one has no alternative. Because nursing … Read moreShould I sign a nursing home contract?

What is the Spousal Elective Share?

The purpose of the spousal elective share  law is to provide some protection to a spouse against being disinherited by granting the surviving spouse a right to elect to receive a percentage of the decedent’s estate instead of what, if anything, is provided in the Will. See Estate & Trusts Article 3-208.  The statute also … Read moreWhat is the Spousal Elective Share?

DO I REALLY NEED A PRE-NUPTIAL AGREEMENT?

The key purpose of a pre-nuptial agreement is financial protection of assets owned by each spouse prior to the marriage, including income protection and liability for alimony, and can include assets acquired during the marriage. Should your new spouse become entitled to half of everything you own immediately upon your becoming married simply by virtue … Read moreDO I REALLY NEED A PRE-NUPTIAL AGREEMENT?

Do You Pay Capital Gains Taxes on Property You Inherit?

Knowing the “cost basis” of your property is important for tax purposes, but proving cost basis can be difficult. Cost basis adjusts at death, so it is a good idea to appraise property when a joint owner dies. Cost basis is the monetary value of an item for tax purposes. When determining whether a capital gains … Read moreDo You Pay Capital Gains Taxes on Property You Inherit?

Will Medicare or the VA Pay for My Mother-in-Law’s Home Health Care?

Q: My mother-in-law is 85 and suffered a stroke for which she now receives medication. The stroke left her occasionally incontinent, with some confusion and weakness. We are looking for an in-home care person and wondered whether Medicare would compensate some or all of the cost. Also, her husband was a veteran who served at … Read moreWill Medicare or the VA Pay for My Mother-in-Law’s Home Health Care?

Can the Nursing Home Stop Billing Medicare for My Mother’s Treatment?

Q: My mother spent four days in the hospital and Medicare approved 100 days of skilled nursing facility care after her stay. After 48 days, the nursing home cut off her therapy and ended her Medicare benefits, without notifying us either in writing or by phone. She was not discharged from the nursing home, however, … Read moreCan the Nursing Home Stop Billing Medicare for My Mother’s Treatment?