Category Archives: Elder Law
Feb
As an experienced Rochester Elder Law Attorney, people often ask about living trusts. Watch this video, then call our Rochester office today to schedule a legal consultation. There are 2 types of trusts; revocable and irrevocable trusts The need for a trust depends on individual circumstances Are you thinking about drafting a living trust? If […]
Oct
Do you need more information? Here are some common topics going over what to know about Medicaid. If you have questions about Medicaid, trusts, life estate, and others please contact us to schedule a consultation with an experienced Rochester elder law attorney. Let our experience work for you. Medicaid Eligibility Medicaid is your very last […]
Feb
Adult children are not responsible for their parent’s nursing home bills under New York state law. Also, federal regulation 42 CFR Part 483, Subpart B. Section 483.15 prohibits nursing homes from requiring a third party to be personally liable as a condition for admission. However, children often unwittingly become personally liable by signing the nursing […]
Oct
Are you having a hard time planning your estate? Our Rochester attorneys can walk you through what might be a frustrating process. Here is what you need to know about the basics of estate planning. Planning Your Estate | Emergency Medicaid Planning As a Rochester Elder Law Attorney, people often ask me about emergency Medicaid […]
May
Understanding Medicaid planning is an important part of safeguarding your future. Medicaid provides payment for institutional and community-based care for eligible persons who are treated by participating institutions and practitioners. Medicaid covers nursing home care and all other medical care including home care, acute hospital care, physicians and pharmacy. Medicaid is a means-tested, needs-based program with limitations […]
Oct
As an experienced Rochester Elder Law Attorney, people often ask me about the grounds for contesting a will. There are basically four grounds for contesting a will. First is lack of due execution. This is when the will was not properly signed and witnessed. The second ground is a lack of testamentary capacity in which […]
Sep
As an experienced Rochester Elder Law Attorney, people often ask me about exemptions for medicaid eligibility and whether their real estate will be exempt if they apply for Medicaid in a nursing home setting. There are various protections for family members with real estate. These include transferring the real estate to a spouse, transferring it […]
Sep
As an experienced Rochester Elder Law Attorney, people often ask me about statutory power of attorney gift riders. The power of attorney itself authorizes gifts of up to $500 per year. If you would like to authorize your agent to make gifts of more than $500 per year for Medicaid planning and estate planning, then […]
Sep
18As an experienced Rochester Elder Law Attorney I am frequently asked about the Medicaid penalty period. What happens is there’s a penalty period and many people have heard about this during this if you transfer assets. Basically, assets that are transferred for the purpose of qualifying for Medicaid may result in a penalty period. What […]