A Pennsylvania appeals court rules that an agent under a power of attorney did not have authority to create a Medicaid trust and transfer her mother's property to the trust because the power of attorney allowed her to transfer property only to a trust that was created before the power of attorney was signed. In Re:
An international coalition of brain researchers is suggesting a new way of looking at Alzheimer's. Instead of defining the disease through symptoms like memory problems or fuzzy thinking, the scientists want to focus on biological changes in the brain associated with Alzheimer's. These include the plaques and tangles that build up in the brains of
A new federal law is designed to address the growing problem of elder abuse. The law supports efforts to better understand, prevent, and combat both financial and physical elder abuse. The prevalence of elder abuse is hard to calculate because it is underreported, but according to the National Council on Aging, approximately 1 in 10 Americans
Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? It is difficult to do, but if you can prove you made the transfers for a purpose other than to qualify for Medicaid, you can avoid a penalty. You
Annuities can be valuable retirement and longevity planning tools, but they are complex financial products that can be misused. There are two kinds of annuities: deferred and immediate. Variable annuities are a common form of deffered annuities that have gotten a bad reputation in recent years because they are often sold to people, especially seniors,
While the execution of wills requires formalities like witnesses and a notary, the reality is that most property passes to heirs through other, less formal means. Many bank and investments accounts, as well as real estate, have joint owners who take ownership automatically at the death of the primary owner. Other banks and investment companies
Q: My son was disabled prior to age 18 and is now 39. He lives with us at home and draws Social Security benefits on his dad's work record. I will be 62 in June and have applied for early retirement. Will our son be able to draw from my work record as well?
Direct and indirect changes create new and interesting life insurance planning opportunities. The Tax Cuts and Jobs Act was signed into law by President Trump on December 22, 2017. The Act brings direct changes to the tax treatment of insurance and significant indirect changes to planning with life insurance. These changes present new and
Sam, Mary’s son and agent under her power of attorney, didn’t bother to seek legal advice after Mary entered a nursing home. “She only has $60,000. There’s nothing we can do”, he told his sisters. Six months later, with her funds exhausted, Mary sought Medicaid to pay for her care. To Sam’s shock and dismay,
The Pennsylvania Supreme Court has agreed to hear the appeal of the Pennsylvania residential facility that was denied parental filial support payments for its care of a New Jersey adult with severe disabilities. Melmark v. Schutt (Pa., No. 580 MAL 2017, Dec. 26, 2017). As we have previously reported, Melmark, Inc., a Pennsylvania residential care facility
