SlideShare a Scribd company logo
1 of 39
Download to read offline
ELDER LAW
ENHANCING THE LIVES OF SENIORS THROUGH EDUCATION
PLANNING FOR WHAT COMES NEXT
JAN NEAL
1
Part I
OVERVIEW OF TOPICS
2
Part I
• Older Americans Act Legal Assistance
• Materials needed to plan
• Authority Issues
• Long-term care levels of care
• Payment options
• Medicaid for Long-term care
Part II
• Special Needs Planning
• Probate
• Administration of Estates
• Last Remains
• Funeral Planning
OLDER AMERICANS ACT LEGAL ASSISTANCE
• What the service is: counsel and advice,
representation, information and referral and public
education for persons 60+ at no cost*
• What the service is not: based on income,
representation in criminal or fee generating cases or
non-specifically designated case types
* Contributions payable to the Area Agency on Aging are accepted and appreciated
3
4
OLDER AMERICANS ACT LEGAL ASSISTANCE CASE TYPES
• access to public benefits (including SS/SSI/SSDI, Medicaid and Medicare, veterans benefits
and unemployment
• advance directives for financial, routine medical and end of life decision making and simple
wills
• issues related to guardianship with a focus on representation for older persons who are the
subject of guardianship actions
• access to available housing options, including low income housing programs that allow
seniors to stay independent in their homes and communities
• foreclosure or eviction proceedings that jeopardize the senior's ability to stay independent in
his or her home and community
• access to health care and the full benefit of appropriate long-term care private and public
financing options
• maintenance of long term financial solvency and economic security
• elder rights protections for seniors in long-term care (LTC) and those transferring from LTC
facilities to home and community-based care
• consumer issues and elder abuse including consumer fraud and financial exploitation
5
NOTES
6
GETTING STARTED
ACCESSING AND ORGANIZING INFORMATION
YOU WILL NEED
7
• Deeds
• Mortgages
• Property Tax Assessments
• Statements for all assets in accounts (bank accounts begin to collect back
five years and consider using online accounts to accumulate)
• All insurance policies
• Determine beneficiaries on all accounts
• Existing wills and/or trusts
• Existing powers of attorneys, living wills, advance directives for health
care
• Titles to vehicles
• Probate/administration papers relevant to any property
• All online accounts with passwords
• Income (source, gross and net amount)
PAPERS TO ACCUMULATE
8
9
NOTES
AUTHORITY ISSUES
• Powers of Attorney including health care directives
• Guardianships/Conservatorships
• Social Security Representative Payees
• VA Fiduciaries
• Appointment of Representative before SSA,
Medicaid, Medicare, etc.
• Sponsors
10
11
NOTES
LONG-TERM CARE ISSUES
• Level of care
• Independent Living
• Assisted Living (to include Special Needs Assisted Living)
• Nursing Homes
• Payment Sources
• private pay
• Long Term Care Insurance*
• VA
• Medicare
• Medicaid
*Estate Preservation: An Alabama Long-Term Care Partnership Policy is one that qualifies for asset protection for an
amount of money equal to funds paid by an insurance company for long-term care (above and beyond the resource
limit allowable). To qualify a policy must be issued on or after March 1, 2009, cover an individual who was an
Alabama resident when coverage first became effective under the policy, be a tax-qualified policy under Section
7702(B)(b) of the IRS, meet stringent consumer protection standards, and meet certain inflation requirements.
This may or may not be a benefit that can be transferred to another state, depending upon whether that state has a
comparable Long-Term Care Partnership Policy Program.
12
13
NURSING HOME ISSUES
• Relatives cannot be required to sign as guarantors on the bill
• Sign so that personal liability is not incurred
• Care plans are developed to determine the individual needs of
each patient; families should participate in planning
• Patients can only be discharged if the facility cannot meet the
patient’s needs, the patient is presenting a danger to himself or
others, non-payment of the bill, or the facility is going out of
business
• The use of chemical or physical restraints is prohibited except in
rare circumstances and under a doctor’s orders. If use of
restraints is suspected contact the local Ombudsman.
MEDICARE PAYMENT FOR LONG-TERM CARE
• Very limited coverage
• While literature indicates payment for 100 days,
Medicare coverage usually stops after 20 days. Even if
it does not, a $161 per day copayment begins on day
21, and most supplemental policies do not pay that
copayment
• Must be hospitalized three days (inpatient, not
observation status) before being transferred to long-
term care
• Skilled nursing services must be ordered by the doctor
14
STATE VETERANS HOMES
Bill Nichols State Veterans Home
1784 Elkahatchee Road, Alexander City, AL 35010
Phone: (256) 329-3311
Facsimile: (256) 329-3350
Floyd E. “Tut” Fann State Veterans Home
2701 Meridian Street
Huntsville, AL 35811
Phone: (256) 851-2807
Facsimile: (256) 851-2967
William F. Green State Veterans Home
300 Faulkner Drive
Bay Minette, AL 36507-1461
Phone: (251) 937-8049
Facsimile: (251) 937-2472
Colonel Robert L. Howard State Veterans Home
7054 Veterans Parkway
Pell City, AL 35125
Phone: (205) 338-6487
These facilities are subsidized by federal and state funds leaving the veteran with minimal expense (e.g.
$1500)
15
• Application is similar to an audit in that Medicaid examines all financial
transactions for the previous five years
MEDICAID COVERAGE
• Applications cannot be pre-approved; the applicant must be residing in a
nursing home for an application to be accepted
• Medicaid eligibility varies state
to state
• Medicaid can pay three months
retroactively
• VA benefits for single veterans drop to
$90 after Medicaid is established, and
the applicant can keep that amount
plus the $30 for personal needs
• Medicaid Estate Recovery permits
Medicaid to recover fund from a
probate estate
16
• For Medicaid to pay at all, a 30 day stay is required
17
• Evaluation for eligibility is based on marital status due to spousal
impoverishment law designed to protect the spouse at home from complete
impoverishment.
• A single person’s gross income allowable is $2199; a Medicaid Qualifying
IncomeTrust (MQIT) is needed if income exceeds $2199; resources allowable are
$2000
• A married person’s allowable income is the same as a single person’s; only the
income of the institutionalized spouse counts, not the income of his or her
spouse at home; with spousal resources under $25,000, spouse at home keeps
all; with spousal resources over $50,000, the spouse at home can keep ½ of all
assets not to exceed $119,220; institutionalized spouse must spend down the
rest; the spousal resource determination is based on snap-shot date of when
institutionalized spouse entered long-term care (e.g. when entered the hospital if
he or she did not return home for 30 days or more); Minimum Monthly
Maintenance Needs Allowance permits the institutionalized spouse to allocate
income to spouse at home to bring income of spouse at home up to $1991. All
property of both spouses count; prenuptial agreements are not recognized by
Medicaid.
MEDICAID INCOME AND RESOURCE LIMITS
18
HOW TO VALUE PROPERTY
• Real property is the value of the tax assessor’s appraised value, less any indebtedness on property. If the
property cannot be sold for an amount equal to that value, the property value can either be reassessed by the
county or, if the appraised value is over one year old, a commercial appraisal can be used to establish value
• Joint Accounts are considered the property to the applicant up to the full value unless proof can be provided
that funds were deposit by the joint owner
• Annuities are considered transfers of assets unless highly specific rules are met; lump sum annuities that can be
sold will be considered a resource in the amount of the current value of the annuity
• Life Insurance - The cash surrender value of any life insurance policy owned by the applicant/recipient is a
countable resource
• Trusts - whether the principal of a trust is a resource to the applicant/recipient depends on its availability to the
applicant/recipient by the terms of the trust instrument itself
• Promissory Notes, Loans, and Property Agreements (Mortgages) are considered resources, if the owner has the
legal right to sell them. If so, the resources should be counted in the amount of the outstanding principal
balance
• Stocks, Bonds, and Mutual Fund Shares are considered countable liquid resources according to their market
value
• Retirement accounts are the value of accessible funds less taxes owed on same
EXCLUDED RESOURCES
• The home if the spouse resides there (a lien cannot be taken and should be transferred to spouse at home)
• One vehicle with a value not exceeding $4,500 (may exceed that value if necessary to take nursing home
resident or spouse to receive medical care
• Burial space items including casket, vault, burial space, marker, opening and closing the grave, and cremation
container
• Up to $5000 cash value in life insurance or $5000 in a designated fund (not counting space items excluded) or
prepaid funeral contract
• Life Estates
• Personal property
• The home if a dependent relative other than a child under 21, blind or disabled lives there (a lien may be
taken)
• The home if a dependent child who is under age 21, blind or disabled lives there (no lien may be taken and
property may be transferred with no penalty)
• The home if a sibling with an equity interest lives there and was lawfully residing in the home for at least one
year immediately poor to the claimant’s admission to the nursing home (no lien may be taken and property
may be transferred with no penalty)
• The home if the claimant has a reasonable intent to return home (if claimant does return home, lien dissolves)
• Real property on which a joint owner lives for whom sale of the property would cause a loss of housing (a lien
may be taken)
• Rental property up to $6000 in value (a lien may or may not be taken)
• Real property the applicant is making a bona fide effort to sell (a lien will be taken)
• Property held in a Special Needs Trust
19
20
EXEMPT TRANSFERS
• The home to the spouse
• The home to a child under 21, blind or disabled for use as his
or her home
• The home to a sibling who has an equity interest and who was
residing in the home for at least one year immediately before
the admission to long-term care
• The home to a son or daughter who has lived with the
applicant for two years prior to the institutionalization who
provided care which allowed the claimant to live at home
rather than in an institution (if not transferred may be treated
as property excluded on which Medicaid takes a lien)
21
• Gross income
• Minus $30 for personal needs allowance
• Minus funds to pay for unreimbursed medical expenses (e.g. Medicare Part B
premium)
• Minus Minimum Monthly Maintenance Allowance payable to spouse
= Personal Liability from income payable to nursing home
Difference in personal liability and nursing home charges is what Medicaid pays
During the wait for application approval, the personal liability must be paid, and
when approved Medicaid will pay back to the eligibility date
Medicaid is payor of last resort so do not pay the nursing home if the resident is
eligible for Medicaid or Medicaid may not pay when approved
POST ELIGIBILITY PERSONAL LIABILITY CALCULATION
22
• For every $5800 transferred within five years of Medicaid application one month of penalty is
assigned
• A month of penalty means no eligibility is possible
• The penalty begins to run when the applicant would otherwise be eligible for Medicaid (in
other words, when the person is institutionalized and out of money)
• Do not confuse allowable $14,000 gift tax gifts with Medicaid gifting
• Application timing is important when gifts have been made to keep from triggering penalties
(do not let nursing home pressure you into premature filing of application)
• Sometimes planning involves gifting money, applying and being approved subject to the
penalty and paying with the gifted money during the penalty period
• Be aware of the fact that paying relatives to provide care can be considered a transfer of
assets unless specific caregiver agreements are established
• While spouse outside nursing home should leave nothing in will to institutionalized spouse, if
spouse at home dies, the omitted spouse who is a Medicaid recipient must claim up to
$15,000 for homestead exemption, $7,500 for personal property exemption and $15,000 for
family allowance (total $37,500) and elective share (about ⅓) or failure to claim is considered
a transfer of assets
TRANSFER OF ASSETS
23
EXAMPLES OF MEDICAID APPLICATION
TIMING ERRORS
• Mrs. Jones transferred $200,000 to her children in January 2011. She
entered the nursing home September 2015. The nursing home told
her that the penalty on the transfer was only 34.48 months and she
should be in the clear now, so she applies. Because she applied during
the five years prior to application the penalty is triggered, and she
won’t qualify for Medicaid until 34.48 months from 09/15,
approximately August 2018. If she had waited to apply until February
2016, there would have been no penalty at all.
• Same scenario except this time Mrs. Jones did wait until February 2016
to apply. She marked the box indicating that she requested assistance
retroactively three months, and the full penalty was triggered because
she requested assistance during the five year look back. She requested
Medicaid for November 2015, establishing the look back to November
2010.
24
NOTES
ELDER LAW
ENHANCING THE LIVES OF SENIORS THROUGH EDUCATION
PLANNING FOR WHAT COMES NEXT
JAN NEAL
25
Part II
SPECIAL NEEDS PLANNING
• Special Needs Trusts: Trusts created for disabled
persons to permit the set aside of funds to pay
for special needs without loss of public benefits.
Often used when personal injury proceeds are
received by person on public benefits but may
also be used for a spouse’s special needs rather
than spending down the share attributable to the
institutionalized spouse (e.g. to pay for private
room, sitters). Usually requires a Medicaid pay
back clauses
• ABLE Accounts: Accounts created to help pay
for disability-related expenses for persons who
became disabled prior to age 26 without loss of
public benefits. Limited to $14,000 contribution
yearly. Accumulation up to $100,000 permitted
before loss of SSI; accumulation up to $235,000
to $452,210 (depending on the state) before
loss of Medicaid.
26
27
NOTES
SETTLING ESTATES:
WILLS,TRUSTS, GIFTING,
ASSET TITLING
• It is important to understand the distinction between the probate estate and the non-probate estate
• Property in the probate estate requires court action to transfer property
• Through planning a person can decide whether to make property part of the probate estate or not
(trusts, asset titling, beneficiaries, life-time gifts)
• A will determines who takes the probate property
• The law of intestacy determines who takes the probate property in the absence of a will
• Often the will of the first spouse to die does not need to be probated, but the will of the last spouse
to die usually does need to be probated
• Plan for the liquid cash your estate will need (attorneys fees, out of pocket expense, home expenses
while property is being sold or estate is in the six month claim period)
• Estate tax becomes an issue only for estates passing $5,450,000
28
29
AVOIDING PROBATE:
HOW TO KEEP PROPERTY OUT OF YOUR PROBATE ESTATE
• Living Trusts are an option for property in different states, but all property must
be titled to the trust, and property encumbered by a mortgage usually cannot be
titled to a trust
• Life Gifts (e.g. transfer of home while retaining a life estate)
• Joint Ownership
• joint bank accounts
• joint tenants with right of survivorship on deeds (not transfer on death deed)
• Payable on death designations on bank accounts
• Transfer on Death (TOD) registration for securities
• Affidavit for Assignment of Title for a Vehicle from a Deceased Owner Whose
Estate Does Not Require Probate (Alabama Department of Revenue MVT 5-6) for
paid off vehicles
30
HOW PROBATE PROPERTY IS DISTRIBUTED WITHOUT
A WILL
• If there are no children and no parents, all to the spouse
• If there are no children, but there are parents, first $100,000 plus ½ of balance over $100,000to the
spouse and ½ of the balance over $100,000 to the parent or parents
• if there is a spouse and a child or children by a pervious relationship, ½ to the spouse and ½ to the child
or children by the previous relationship
• if there is a spouse and a child or children by the surviving spouse, first $50,000 to the spouse plus ½ of
the balance over $50,000 to the spouse and ½ of the balance over $50,000 to the child or children by
the surviving spouse
• if there is no surviving spouse, then distribution in the following order:
• all to the child or children
• all the the parent or parents
• all to the siblings
• all to the grandparents
• all to the aunts and uncles
• all to the cousins
PROBATE PROCESS:
PASSING PROPERTY WITH A WILL
• Wills must be probated within 5 years of death
• A will may or may not need to be probated depending on the need to pass property
• A trust can be established in a will and is called a testamentary trust
• Procedure includes
• file the will and death certificate asking court to issue Letters Testamentary appointing Personal
Representative (Executor), along with proof of notification of next of kin and persons named in will
• if all parties sign waivers and will is self-proving, no hearing required
• Obtain a tax ID number for estate and pay any taxes
• gather and take possession of the assets
• notify known creditors and advertise for unknown creditors
• wait six months to give creditors an opportunity to file claims and settling debts of the estate
• pass property to beneficiaries named in the will (sometimes involves selling property after the claims
period has run)
• Medicaid estate recovery requires Medicaid to be notified as a creditor in cases where the decedent
received Medicaid benefits
31
32
SMALL ESTATE DISTRIBUTION
FOR ESTATES NOT EXCEEDING $28,052 IN 2016
• No real estate can be passed
• Petition under oath filed by spouse or distributees entitled to personal
assets of the estate in the Probate Court of the county where decedent
lived prior to death
• Provide death certificate
• If will existed, provide to court
• Provide names, addresses and ages of surviving spouse,
children,distributees
• Provide details concerning any debts, funeral expenses and a value of
each asset
• Publish at the instruction of the court
33
NOTES
ADMINISTRATION OF ESTATES
WHEN YOU DIE WITHOUT A WILL
• File a petition in the Probate Court where the decedent lived at the time death asking that
the petitioner be named the Administer of the Estate and that Letters of Administration be
issued giving him or her power to act for the estate; give notice to the next of kin
• Hearing required unless all interested parties waive further notice
• Be bonded in an amount equal to the value of the personal property of the state plus one
year’s estimated income
• Gather the assets after Letters of Administration are issued
• Inventory the estate and file with the court within two months
• Give notice to known creditors and advertise for unknown creditors
• Wait six months and satisfy or dispute all claims
• Divide estate after the claims have been satisfied
• Probate court must approve administrator fee unless all interested persons agree and
consent
34
35
DISPOSITION OF REMAINS
• Specific burial or cremation wishes can be included
in a will, but such an arrangement has limited value
when you consider the immediate need to make
burial arrangements
• Code of Alabama 34-13-11 permits the making of an
affidavit naming a particular person to handle funeral
arrangements with specific instructions
• An affidavit may be useful in situations involving
second marriages where the deceased wished to be
buried beside first spouse
36
NOTES
FUNERAL PLANNING
• The Federal Trade Commission (FTC) Funeral Rule requires open disclosure of costs in selling funeral
services and requires a generalize price list (GPL) be provided. You have the right to purchase only what you
want rather than being required to purchase a particular plan
• The Alabama Preened and Funeral Act of 2002 (Amended 2008) requires those who sell funeral or cemetery
merchandise pursuant to pre-need contracts to obtain a Certificate of Authority with reporting obligations
and requirements to set aside or purchase insurance to cover a portion of contract payments. Alabama
Department of Insurance monitors compliance.
• Cemetery operations remain largely unregulated in Alabama
• Pre-need policies freeze the cost of funeral services at today’s prices and avoid purchase decisions being
made during the time of funeral arrangements following death
• Whole life insurance can be assigned to the funeral home to defray the cost of a pre-need plan
• A price list will show the amount spent for space items vs non-space items which is important for Medicaid
eligibility
• Any amount may be spent on space items (casket, cremation container, vault, burial space, marker, opening
and closing the grave). All other pre-need plan items should total $5000 or less. When this is not the case it
is usually transporting the body out of state for burial that makes for higher costs
• Embalming is not required by law except in unusual circumstances such as shipping the body out of state
• Alabama has no restrictions on disposition of ashes (though a particular venue may have restrictions)
37
38
NOTES
ADDITIONAL RESOURCES
National Academy of Elder Law Attorneys: https://www.naela.org
Elder Law Answers: http://www.elderlawanswers.com
Special Needs Answers: http://specialneedsanswers.com
Alabama Benefit Checklist: http://www.slideshare.net/jan_neal/2016-m4a-alabama-benefit-checklist
39

More Related Content

What's hot

Veterans Aid and Attendance Benefit
Veterans Aid and Attendance BenefitVeterans Aid and Attendance Benefit
Veterans Aid and Attendance BenefitHenry Weatherby
 
Protect Your Assets Through A Living Trust
Protect Your Assets Through A Living TrustProtect Your Assets Through A Living Trust
Protect Your Assets Through A Living TrustLaughlin Associates
 
March 2016 SCADC Alabama Benefit Checklist
March 2016 SCADC Alabama Benefit ChecklistMarch 2016 SCADC Alabama Benefit Checklist
March 2016 SCADC Alabama Benefit ChecklistJanice [Jan] Neal
 
Planning for Your Future - - All About Long Term Care
Planning for Your Future - - All About Long Term CarePlanning for Your Future - - All About Long Term Care
Planning for Your Future - - All About Long Term CareJennifer Lavelli
 
Australian Government Payments & Services 01 july 2012
Australian Government Payments & Services   01 july 2012Australian Government Payments & Services   01 july 2012
Australian Government Payments & Services 01 july 2012Green Taylor Partners
 
Planning for Retirement and Your Estate Plan
Planning for Retirement and Your Estate PlanPlanning for Retirement and Your Estate Plan
Planning for Retirement and Your Estate Plangwirt
 
Benefits training
Benefits trainingBenefits training
Benefits trainingElaine Cole
 
Life Insurance Trusts and Charitable Planning Techniques
Life Insurance Trusts and Charitable Planning TechniquesLife Insurance Trusts and Charitable Planning Techniques
Life Insurance Trusts and Charitable Planning Techniquesscoop85
 
2014 M4A Alabama Benefit Checklist (Effective 07/01/14)
2014 M4A Alabama Benefit Checklist (Effective 07/01/14)2014 M4A Alabama Benefit Checklist (Effective 07/01/14)
2014 M4A Alabama Benefit Checklist (Effective 07/01/14)Janice [Jan] Neal
 
Fpany financial fitness 2015 medicare & medicaid seminar
Fpany financial fitness 2015 medicare & medicaid seminarFpany financial fitness 2015 medicare & medicaid seminar
Fpany financial fitness 2015 medicare & medicaid seminarDaniel Timins Esq., CFP®
 
tax treatment of gifts
tax treatment of giftstax treatment of gifts
tax treatment of giftsManoj Kaundal
 
[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...
[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...
[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...Rea & Associates
 
Long-Term Care Presentation
Long-Term Care PresentationLong-Term Care Presentation
Long-Term Care Presentationjaarcuri
 
Better Never Means Better for Everyone
Better Never Means Better for EveryoneBetter Never Means Better for Everyone
Better Never Means Better for EveryoneOmar Ha-Redeye
 

What's hot (19)

Chambliss 2014 Estate Planning Seminar.pptx
Chambliss 2014 Estate Planning Seminar.pptxChambliss 2014 Estate Planning Seminar.pptx
Chambliss 2014 Estate Planning Seminar.pptx
 
Veterans Aid and Attendance Benefit
Veterans Aid and Attendance BenefitVeterans Aid and Attendance Benefit
Veterans Aid and Attendance Benefit
 
Protect Your Assets Through A Living Trust
Protect Your Assets Through A Living TrustProtect Your Assets Through A Living Trust
Protect Your Assets Through A Living Trust
 
March 2016 SCADC Alabama Benefit Checklist
March 2016 SCADC Alabama Benefit ChecklistMarch 2016 SCADC Alabama Benefit Checklist
March 2016 SCADC Alabama Benefit Checklist
 
Planning for Your Future - - All About Long Term Care
Planning for Your Future - - All About Long Term CarePlanning for Your Future - - All About Long Term Care
Planning for Your Future - - All About Long Term Care
 
Australian Government Payments & Services 01 july 2012
Australian Government Payments & Services   01 july 2012Australian Government Payments & Services   01 july 2012
Australian Government Payments & Services 01 july 2012
 
Planning for Retirement and Your Estate Plan
Planning for Retirement and Your Estate PlanPlanning for Retirement and Your Estate Plan
Planning for Retirement and Your Estate Plan
 
Benefits training
Benefits trainingBenefits training
Benefits training
 
Navigating Complicated Issues for Seniors
Navigating Complicated Issues for Seniors Navigating Complicated Issues for Seniors
Navigating Complicated Issues for Seniors
 
SCADC SHIP Services
SCADC SHIP ServicesSCADC SHIP Services
SCADC SHIP Services
 
Life Insurance Trusts and Charitable Planning Techniques
Life Insurance Trusts and Charitable Planning TechniquesLife Insurance Trusts and Charitable Planning Techniques
Life Insurance Trusts and Charitable Planning Techniques
 
2014 M4A Alabama Benefit Checklist (Effective 07/01/14)
2014 M4A Alabama Benefit Checklist (Effective 07/01/14)2014 M4A Alabama Benefit Checklist (Effective 07/01/14)
2014 M4A Alabama Benefit Checklist (Effective 07/01/14)
 
Fpany financial fitness 2015 medicare & medicaid seminar
Fpany financial fitness 2015 medicare & medicaid seminarFpany financial fitness 2015 medicare & medicaid seminar
Fpany financial fitness 2015 medicare & medicaid seminar
 
Long Term Care Presentation - by Epic Capital
Long Term Care Presentation - by Epic CapitalLong Term Care Presentation - by Epic Capital
Long Term Care Presentation - by Epic Capital
 
tax treatment of gifts
tax treatment of giftstax treatment of gifts
tax treatment of gifts
 
[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...
[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...
[ON-DEMAND WEBINAR] Social Security v. Medicare: Addressing Your Most Asked Q...
 
Long-Term Care Presentation
Long-Term Care PresentationLong-Term Care Presentation
Long-Term Care Presentation
 
Better Never Means Better for Everyone
Better Never Means Better for EveryoneBetter Never Means Better for Everyone
Better Never Means Better for Everyone
 
Obamacare - Solution or Dumpster Fire?
Obamacare - Solution or Dumpster Fire?Obamacare - Solution or Dumpster Fire?
Obamacare - Solution or Dumpster Fire?
 

Viewers also liked

MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)
MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)
MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)VogelDenise
 
Barack obama christian or heathen (bulgarian)
Barack obama   christian or heathen (bulgarian)Barack obama   christian or heathen (bulgarian)
Barack obama christian or heathen (bulgarian)VogelDenise
 
032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL
032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL
032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVILVogelDenise
 
Barack obama christian or heathen (danish)
Barack obama   christian or heathen (danish)Barack obama   christian or heathen (danish)
Barack obama christian or heathen (danish)VogelDenise
 
PMA Door Handle Catalogue 2014
PMA Door Handle Catalogue 2014PMA Door Handle Catalogue 2014
PMA Door Handle Catalogue 2014Tope Khama
 
Freedom and Responsibility
Freedom and ResponsibilityFreedom and Responsibility
Freedom and ResponsibilityMike Ruangutai
 
HILLARY CLINTON - Dealing With The United States Of America's STINGERS!
HILLARY CLINTON - Dealing With The United States Of America's STINGERS!HILLARY CLINTON - Dealing With The United States Of America's STINGERS!
HILLARY CLINTON - Dealing With The United States Of America's STINGERS!VogelDenise
 
GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)
GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)
GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)VogelDenise
 
04/14/13 PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian
04/14/13   PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian04/14/13   PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian
04/14/13 PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgianVogelDenise
 
EEOC - Administrative Appeals
EEOC - Administrative AppealsEEOC - Administrative Appeals
EEOC - Administrative AppealsVogelDenise
 
Barack obama christian or heathen (catalan)
Barack obama   christian or heathen (catalan)Barack obama   christian or heathen (catalan)
Barack obama christian or heathen (catalan)VogelDenise
 
LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16
LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16
LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16VogelDenise
 
020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)
020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)
020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)VogelDenise
 
Presentación1 Ruta
Presentación1 RutaPresentación1 Ruta
Presentación1 RutaPLucre QA
 
Barack obama christian or heathen (chinese - traditional)
Barack obama   christian or heathen (chinese - traditional)Barack obama   christian or heathen (chinese - traditional)
Barack obama christian or heathen (chinese - traditional)VogelDenise
 
Barack obama christian or heathen (polish)
Barack obama   christian or heathen (polish)Barack obama   christian or heathen (polish)
Barack obama christian or heathen (polish)VogelDenise
 
Barack obama christian or heathen (azerbaijani)
Barack obama   christian or heathen (azerbaijani)Barack obama   christian or heathen (azerbaijani)
Barack obama christian or heathen (azerbaijani)VogelDenise
 

Viewers also liked (19)

MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)
MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)
MALAYSIA MISSING AIRLINER FLIGHT MH370 (malay)
 
Barack obama christian or heathen (bulgarian)
Barack obama   christian or heathen (bulgarian)Barack obama   christian or heathen (bulgarian)
Barack obama christian or heathen (bulgarian)
 
032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL
032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL
032116 - NAACP LEADERS - HOUSE NEGROES IN BED WITH THE DEVIL
 
Barack obama christian or heathen (danish)
Barack obama   christian or heathen (danish)Barack obama   christian or heathen (danish)
Barack obama christian or heathen (danish)
 
PMA Door Handle Catalogue 2014
PMA Door Handle Catalogue 2014PMA Door Handle Catalogue 2014
PMA Door Handle Catalogue 2014
 
Freedom and Responsibility
Freedom and ResponsibilityFreedom and Responsibility
Freedom and Responsibility
 
HILLARY CLINTON - Dealing With The United States Of America's STINGERS!
HILLARY CLINTON - Dealing With The United States Of America's STINGERS!HILLARY CLINTON - Dealing With The United States Of America's STINGERS!
HILLARY CLINTON - Dealing With The United States Of America's STINGERS!
 
GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)
GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)
GEORGE ZIMMERMAN’S RE-ENACTMENT (hindi)
 
04/14/13 PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian
04/14/13   PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian04/14/13   PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian
04/14/13 PUBLIC NOTICE (03/11/13 FAX TO BARACK OBAMA) - georgian
 
ruta
rutaruta
ruta
 
EEOC - Administrative Appeals
EEOC - Administrative AppealsEEOC - Administrative Appeals
EEOC - Administrative Appeals
 
Barack obama christian or heathen (catalan)
Barack obama   christian or heathen (catalan)Barack obama   christian or heathen (catalan)
Barack obama christian or heathen (catalan)
 
LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16
LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16
LIST OF AMERICAN JEWISH POLITICIANS - WIKIPEDIA As Of 07/17/16
 
capable
capablecapable
capable
 
020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)
020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)
020915 PUBLIC RELEASE EEOC CHARGE AGAINST 1ST HERITAGE CREDIT (Persian)
 
Presentación1 Ruta
Presentación1 RutaPresentación1 Ruta
Presentación1 Ruta
 
Barack obama christian or heathen (chinese - traditional)
Barack obama   christian or heathen (chinese - traditional)Barack obama   christian or heathen (chinese - traditional)
Barack obama christian or heathen (chinese - traditional)
 
Barack obama christian or heathen (polish)
Barack obama   christian or heathen (polish)Barack obama   christian or heathen (polish)
Barack obama christian or heathen (polish)
 
Barack obama christian or heathen (azerbaijani)
Barack obama   christian or heathen (azerbaijani)Barack obama   christian or heathen (azerbaijani)
Barack obama christian or heathen (azerbaijani)
 

Similar to 03/30/16 Elder Law Training for OLLI at Auburn

Medicaid 2008
Medicaid 2008Medicaid 2008
Medicaid 2008naylor007
 
Price and Kelway Wills and LPA's
Price and Kelway Wills and LPA'sPrice and Kelway Wills and LPA's
Price and Kelway Wills and LPA'sBNi Pembrokeshire
 
Some notes about the affordable care act
Some notes about the affordable care actSome notes about the affordable care act
Some notes about the affordable care actphochicago
 
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...Paul Saba
 
Salford universal credit first phase
Salford universal credit first phaseSalford universal credit first phase
Salford universal credit first phaseDaleEccleston
 
Sargent Shriver National Center on Poverty Law
Sargent Shriver National Center on Poverty Law Sargent Shriver National Center on Poverty Law
Sargent Shriver National Center on Poverty Law NedranaeHunt
 
No Down Payment Mortgage Available in MD PA WV - USDA Loan
No Down Payment Mortgage Available in MD PA WV - USDA LoanNo Down Payment Mortgage Available in MD PA WV - USDA Loan
No Down Payment Mortgage Available in MD PA WV - USDA LoanFitzgerald Financial Group
 
Planning for Long-Term Care
Planning for Long-Term Care Planning for Long-Term Care
Planning for Long-Term Care Skoda Minotti
 
Medicaid vs medicare slide share 042414
  Medicaid vs  medicare slide share 042414  Medicaid vs  medicare slide share 042414
Medicaid vs medicare slide share 042414Morgan & DiSalvo, P.C.
 

Similar to 03/30/16 Elder Law Training for OLLI at Auburn (20)

Medicaid 2008
Medicaid 2008Medicaid 2008
Medicaid 2008
 
The Special Needs Trust
The Special Needs TrustThe Special Needs Trust
The Special Needs Trust
 
Special Needs Trust
Special Needs TrustSpecial Needs Trust
Special Needs Trust
 
Staples Version (1)
Staples Version (1)Staples Version (1)
Staples Version (1)
 
Price and Kelway Wills and LPA's
Price and Kelway Wills and LPA'sPrice and Kelway Wills and LPA's
Price and Kelway Wills and LPA's
 
Some notes about the affordable care act
Some notes about the affordable care actSome notes about the affordable care act
Some notes about the affordable care act
 
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...
What Every Realtor Needs to Know about Estate Planning & Probate and Selling ...
 
Salford universal credit first phase
Salford universal credit first phaseSalford universal credit first phase
Salford universal credit first phase
 
Sargent Shriver National Center on Poverty Law
Sargent Shriver National Center on Poverty Law Sargent Shriver National Center on Poverty Law
Sargent Shriver National Center on Poverty Law
 
Child and spousal support
Child and spousal supportChild and spousal support
Child and spousal support
 
No Down Payment Mortgage Available in MD PA WV - USDA Loan
No Down Payment Mortgage Available in MD PA WV - USDA LoanNo Down Payment Mortgage Available in MD PA WV - USDA Loan
No Down Payment Mortgage Available in MD PA WV - USDA Loan
 
Planning for Long-Term Care
Planning for Long-Term Care Planning for Long-Term Care
Planning for Long-Term Care
 
Medicaid vs Medicare
Medicaid vs  MedicareMedicaid vs  Medicare
Medicaid vs Medicare
 
Medicaid vs medicare slide share 042414
  Medicaid vs  medicare slide share 042414  Medicaid vs  medicare slide share 042414
Medicaid vs medicare slide share 042414
 
Reverse mortgage
Reverse mortgageReverse mortgage
Reverse mortgage
 
New solution-to-the-senior-care-challenge
New solution-to-the-senior-care-challengeNew solution-to-the-senior-care-challenge
New solution-to-the-senior-care-challenge
 
Alzheimer's Association Presentation 2012
Alzheimer's Association Presentation 2012Alzheimer's Association Presentation 2012
Alzheimer's Association Presentation 2012
 
Understanding Child Support
Understanding Child SupportUnderstanding Child Support
Understanding Child Support
 
Estate Planning
Estate PlanningEstate Planning
Estate Planning
 
Alzheimer's Association Presentation
Alzheimer's Association PresentationAlzheimer's Association Presentation
Alzheimer's Association Presentation
 

More from Janice [Jan] Neal

Estate Planning Documents.pdf
Estate Planning Documents.pdfEstate Planning Documents.pdf
Estate Planning Documents.pdfJanice [Jan] Neal
 
Medicaid Estate Recovery in Alabama
Medicaid Estate Recovery in AlabamaMedicaid Estate Recovery in Alabama
Medicaid Estate Recovery in AlabamaJanice [Jan] Neal
 
Agency issues for Social Workers in Alabama
Agency issues for Social Workers in AlabamaAgency issues for Social Workers in Alabama
Agency issues for Social Workers in AlabamaJanice [Jan] Neal
 
Legal Issues for Caregivers 02/22
Legal Issues for Caregivers 02/22Legal Issues for Caregivers 02/22
Legal Issues for Caregivers 02/22Janice [Jan] Neal
 
Public Benefits for Caregivers
Public Benefits for CaregiversPublic Benefits for Caregivers
Public Benefits for CaregiversJanice [Jan] Neal
 
Consumer issues for seniors and caregivers
Consumer issues for seniors and caregiversConsumer issues for seniors and caregivers
Consumer issues for seniors and caregiversJanice [Jan] Neal
 
Legal Issues for Caregivers 05/21
Legal Issues for Caregivers 05/21 Legal Issues for Caregivers 05/21
Legal Issues for Caregivers 05/21 Janice [Jan] Neal
 
The Medicaid Application Process
The Medicaid Application ProcessThe Medicaid Application Process
The Medicaid Application ProcessJanice [Jan] Neal
 
Documents and Property Arrangements To Prepare For Death And Disability
Documents and Property Arrangements To Prepare For Death And Disability Documents and Property Arrangements To Prepare For Death And Disability
Documents and Property Arrangements To Prepare For Death And Disability Janice [Jan] Neal
 
Integrating Long-Term Care Into Estate Planning
Integrating Long-Term Care Into Estate PlanningIntegrating Long-Term Care Into Estate Planning
Integrating Long-Term Care Into Estate PlanningJanice [Jan] Neal
 
Documents and Property Arrangements to Prepare for Death and Disability
Documents and Property Arrangements to Prepare for Death and Disability  Documents and Property Arrangements to Prepare for Death and Disability
Documents and Property Arrangements to Prepare for Death and Disability Janice [Jan] Neal
 
Legal Issues for Caregivers 09/20
Legal Issues for Caregivers 09/20Legal Issues for Caregivers 09/20
Legal Issues for Caregivers 09/20Janice [Jan] Neal
 
Social Security and SSI, Where Medicare and Medicaid Intersect
Social Security and SSI, Where Medicare and Medicaid IntersectSocial Security and SSI, Where Medicare and Medicaid Intersect
Social Security and SSI, Where Medicare and Medicaid IntersectJanice [Jan] Neal
 
Medicare Extra Help, Reducing Health Care Cost
Medicare Extra Help, Reducing Health Care CostMedicare Extra Help, Reducing Health Care Cost
Medicare Extra Help, Reducing Health Care CostJanice [Jan] Neal
 
SCADC Older Americans Act Legal Assistance
SCADC Older Americans Act Legal AssistanceSCADC Older Americans Act Legal Assistance
SCADC Older Americans Act Legal AssistanceJanice [Jan] Neal
 
2016 MSP and LIS eligibility numbers
2016 MSP and LIS eligibility numbers2016 MSP and LIS eligibility numbers
2016 MSP and LIS eligibility numbersJanice [Jan] Neal
 
2015 MSP & LIS eligibility numbers
2015 MSP & LIS  eligibility numbers2015 MSP & LIS  eligibility numbers
2015 MSP & LIS eligibility numbersJanice [Jan] Neal
 
2016 Medicare Extra Help Screening Flowchart
2016 Medicare Extra Help Screening Flowchart 2016 Medicare Extra Help Screening Flowchart
2016 Medicare Extra Help Screening Flowchart Janice [Jan] Neal
 
Long-Term Care: Scan the Options
Long-Term Care: Scan the OptionsLong-Term Care: Scan the Options
Long-Term Care: Scan the OptionsJanice [Jan] Neal
 

More from Janice [Jan] Neal (20)

Estate Planning Documents.pdf
Estate Planning Documents.pdfEstate Planning Documents.pdf
Estate Planning Documents.pdf
 
Wills and Trusts in Alabama
Wills and Trusts in AlabamaWills and Trusts in Alabama
Wills and Trusts in Alabama
 
Medicaid Estate Recovery in Alabama
Medicaid Estate Recovery in AlabamaMedicaid Estate Recovery in Alabama
Medicaid Estate Recovery in Alabama
 
Agency issues for Social Workers in Alabama
Agency issues for Social Workers in AlabamaAgency issues for Social Workers in Alabama
Agency issues for Social Workers in Alabama
 
Legal Issues for Caregivers 02/22
Legal Issues for Caregivers 02/22Legal Issues for Caregivers 02/22
Legal Issues for Caregivers 02/22
 
Public Benefits for Caregivers
Public Benefits for CaregiversPublic Benefits for Caregivers
Public Benefits for Caregivers
 
Consumer issues for seniors and caregivers
Consumer issues for seniors and caregiversConsumer issues for seniors and caregivers
Consumer issues for seniors and caregivers
 
Legal Issues for Caregivers 05/21
Legal Issues for Caregivers 05/21 Legal Issues for Caregivers 05/21
Legal Issues for Caregivers 05/21
 
The Medicaid Application Process
The Medicaid Application ProcessThe Medicaid Application Process
The Medicaid Application Process
 
Documents and Property Arrangements To Prepare For Death And Disability
Documents and Property Arrangements To Prepare For Death And Disability Documents and Property Arrangements To Prepare For Death And Disability
Documents and Property Arrangements To Prepare For Death And Disability
 
Integrating Long-Term Care Into Estate Planning
Integrating Long-Term Care Into Estate PlanningIntegrating Long-Term Care Into Estate Planning
Integrating Long-Term Care Into Estate Planning
 
Documents and Property Arrangements to Prepare for Death and Disability
Documents and Property Arrangements to Prepare for Death and Disability  Documents and Property Arrangements to Prepare for Death and Disability
Documents and Property Arrangements to Prepare for Death and Disability
 
Legal Issues for Caregivers 09/20
Legal Issues for Caregivers 09/20Legal Issues for Caregivers 09/20
Legal Issues for Caregivers 09/20
 
Social Security and SSI, Where Medicare and Medicaid Intersect
Social Security and SSI, Where Medicare and Medicaid IntersectSocial Security and SSI, Where Medicare and Medicaid Intersect
Social Security and SSI, Where Medicare and Medicaid Intersect
 
Medicare Extra Help, Reducing Health Care Cost
Medicare Extra Help, Reducing Health Care CostMedicare Extra Help, Reducing Health Care Cost
Medicare Extra Help, Reducing Health Care Cost
 
SCADC Older Americans Act Legal Assistance
SCADC Older Americans Act Legal AssistanceSCADC Older Americans Act Legal Assistance
SCADC Older Americans Act Legal Assistance
 
2016 MSP and LIS eligibility numbers
2016 MSP and LIS eligibility numbers2016 MSP and LIS eligibility numbers
2016 MSP and LIS eligibility numbers
 
2015 MSP & LIS eligibility numbers
2015 MSP & LIS  eligibility numbers2015 MSP & LIS  eligibility numbers
2015 MSP & LIS eligibility numbers
 
2016 Medicare Extra Help Screening Flowchart
2016 Medicare Extra Help Screening Flowchart 2016 Medicare Extra Help Screening Flowchart
2016 Medicare Extra Help Screening Flowchart
 
Long-Term Care: Scan the Options
Long-Term Care: Scan the OptionsLong-Term Care: Scan the Options
Long-Term Care: Scan the Options
 

Recently uploaded

Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfNo One
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditSHRADDHA PANDIT
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateBTL Law P.C.
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...Anadi Tewari
 
xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.mike689707
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsSyedaAyeshaTabassum1
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsAurora Consulting
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...SHRADDHA PANDIT
 

Recently uploaded (10)

Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a Template
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
 
Criminalizing Disabilities & False Confessions
Criminalizing Disabilities & False ConfessionsCriminalizing Disabilities & False Confessions
Criminalizing Disabilities & False Confessions
 
xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business Regulations
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future Solutions
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
 

03/30/16 Elder Law Training for OLLI at Auburn

  • 1. ELDER LAW ENHANCING THE LIVES OF SENIORS THROUGH EDUCATION PLANNING FOR WHAT COMES NEXT JAN NEAL 1 Part I
  • 2. OVERVIEW OF TOPICS 2 Part I • Older Americans Act Legal Assistance • Materials needed to plan • Authority Issues • Long-term care levels of care • Payment options • Medicaid for Long-term care Part II • Special Needs Planning • Probate • Administration of Estates • Last Remains • Funeral Planning
  • 3. OLDER AMERICANS ACT LEGAL ASSISTANCE • What the service is: counsel and advice, representation, information and referral and public education for persons 60+ at no cost* • What the service is not: based on income, representation in criminal or fee generating cases or non-specifically designated case types * Contributions payable to the Area Agency on Aging are accepted and appreciated 3
  • 4. 4
  • 5. OLDER AMERICANS ACT LEGAL ASSISTANCE CASE TYPES • access to public benefits (including SS/SSI/SSDI, Medicaid and Medicare, veterans benefits and unemployment • advance directives for financial, routine medical and end of life decision making and simple wills • issues related to guardianship with a focus on representation for older persons who are the subject of guardianship actions • access to available housing options, including low income housing programs that allow seniors to stay independent in their homes and communities • foreclosure or eviction proceedings that jeopardize the senior's ability to stay independent in his or her home and community • access to health care and the full benefit of appropriate long-term care private and public financing options • maintenance of long term financial solvency and economic security • elder rights protections for seniors in long-term care (LTC) and those transferring from LTC facilities to home and community-based care • consumer issues and elder abuse including consumer fraud and financial exploitation 5
  • 7. GETTING STARTED ACCESSING AND ORGANIZING INFORMATION YOU WILL NEED 7
  • 8. • Deeds • Mortgages • Property Tax Assessments • Statements for all assets in accounts (bank accounts begin to collect back five years and consider using online accounts to accumulate) • All insurance policies • Determine beneficiaries on all accounts • Existing wills and/or trusts • Existing powers of attorneys, living wills, advance directives for health care • Titles to vehicles • Probate/administration papers relevant to any property • All online accounts with passwords • Income (source, gross and net amount) PAPERS TO ACCUMULATE 8
  • 10. AUTHORITY ISSUES • Powers of Attorney including health care directives • Guardianships/Conservatorships • Social Security Representative Payees • VA Fiduciaries • Appointment of Representative before SSA, Medicaid, Medicare, etc. • Sponsors 10
  • 12. LONG-TERM CARE ISSUES • Level of care • Independent Living • Assisted Living (to include Special Needs Assisted Living) • Nursing Homes • Payment Sources • private pay • Long Term Care Insurance* • VA • Medicare • Medicaid *Estate Preservation: An Alabama Long-Term Care Partnership Policy is one that qualifies for asset protection for an amount of money equal to funds paid by an insurance company for long-term care (above and beyond the resource limit allowable). To qualify a policy must be issued on or after March 1, 2009, cover an individual who was an Alabama resident when coverage first became effective under the policy, be a tax-qualified policy under Section 7702(B)(b) of the IRS, meet stringent consumer protection standards, and meet certain inflation requirements. This may or may not be a benefit that can be transferred to another state, depending upon whether that state has a comparable Long-Term Care Partnership Policy Program. 12
  • 13. 13 NURSING HOME ISSUES • Relatives cannot be required to sign as guarantors on the bill • Sign so that personal liability is not incurred • Care plans are developed to determine the individual needs of each patient; families should participate in planning • Patients can only be discharged if the facility cannot meet the patient’s needs, the patient is presenting a danger to himself or others, non-payment of the bill, or the facility is going out of business • The use of chemical or physical restraints is prohibited except in rare circumstances and under a doctor’s orders. If use of restraints is suspected contact the local Ombudsman.
  • 14. MEDICARE PAYMENT FOR LONG-TERM CARE • Very limited coverage • While literature indicates payment for 100 days, Medicare coverage usually stops after 20 days. Even if it does not, a $161 per day copayment begins on day 21, and most supplemental policies do not pay that copayment • Must be hospitalized three days (inpatient, not observation status) before being transferred to long- term care • Skilled nursing services must be ordered by the doctor 14
  • 15. STATE VETERANS HOMES Bill Nichols State Veterans Home 1784 Elkahatchee Road, Alexander City, AL 35010 Phone: (256) 329-3311 Facsimile: (256) 329-3350 Floyd E. “Tut” Fann State Veterans Home 2701 Meridian Street Huntsville, AL 35811 Phone: (256) 851-2807 Facsimile: (256) 851-2967 William F. Green State Veterans Home 300 Faulkner Drive Bay Minette, AL 36507-1461 Phone: (251) 937-8049 Facsimile: (251) 937-2472 Colonel Robert L. Howard State Veterans Home 7054 Veterans Parkway Pell City, AL 35125 Phone: (205) 338-6487 These facilities are subsidized by federal and state funds leaving the veteran with minimal expense (e.g. $1500) 15
  • 16. • Application is similar to an audit in that Medicaid examines all financial transactions for the previous five years MEDICAID COVERAGE • Applications cannot be pre-approved; the applicant must be residing in a nursing home for an application to be accepted • Medicaid eligibility varies state to state • Medicaid can pay three months retroactively • VA benefits for single veterans drop to $90 after Medicaid is established, and the applicant can keep that amount plus the $30 for personal needs • Medicaid Estate Recovery permits Medicaid to recover fund from a probate estate 16 • For Medicaid to pay at all, a 30 day stay is required
  • 17. 17 • Evaluation for eligibility is based on marital status due to spousal impoverishment law designed to protect the spouse at home from complete impoverishment. • A single person’s gross income allowable is $2199; a Medicaid Qualifying IncomeTrust (MQIT) is needed if income exceeds $2199; resources allowable are $2000 • A married person’s allowable income is the same as a single person’s; only the income of the institutionalized spouse counts, not the income of his or her spouse at home; with spousal resources under $25,000, spouse at home keeps all; with spousal resources over $50,000, the spouse at home can keep ½ of all assets not to exceed $119,220; institutionalized spouse must spend down the rest; the spousal resource determination is based on snap-shot date of when institutionalized spouse entered long-term care (e.g. when entered the hospital if he or she did not return home for 30 days or more); Minimum Monthly Maintenance Needs Allowance permits the institutionalized spouse to allocate income to spouse at home to bring income of spouse at home up to $1991. All property of both spouses count; prenuptial agreements are not recognized by Medicaid. MEDICAID INCOME AND RESOURCE LIMITS
  • 18. 18 HOW TO VALUE PROPERTY • Real property is the value of the tax assessor’s appraised value, less any indebtedness on property. If the property cannot be sold for an amount equal to that value, the property value can either be reassessed by the county or, if the appraised value is over one year old, a commercial appraisal can be used to establish value • Joint Accounts are considered the property to the applicant up to the full value unless proof can be provided that funds were deposit by the joint owner • Annuities are considered transfers of assets unless highly specific rules are met; lump sum annuities that can be sold will be considered a resource in the amount of the current value of the annuity • Life Insurance - The cash surrender value of any life insurance policy owned by the applicant/recipient is a countable resource • Trusts - whether the principal of a trust is a resource to the applicant/recipient depends on its availability to the applicant/recipient by the terms of the trust instrument itself • Promissory Notes, Loans, and Property Agreements (Mortgages) are considered resources, if the owner has the legal right to sell them. If so, the resources should be counted in the amount of the outstanding principal balance • Stocks, Bonds, and Mutual Fund Shares are considered countable liquid resources according to their market value • Retirement accounts are the value of accessible funds less taxes owed on same
  • 19. EXCLUDED RESOURCES • The home if the spouse resides there (a lien cannot be taken and should be transferred to spouse at home) • One vehicle with a value not exceeding $4,500 (may exceed that value if necessary to take nursing home resident or spouse to receive medical care • Burial space items including casket, vault, burial space, marker, opening and closing the grave, and cremation container • Up to $5000 cash value in life insurance or $5000 in a designated fund (not counting space items excluded) or prepaid funeral contract • Life Estates • Personal property • The home if a dependent relative other than a child under 21, blind or disabled lives there (a lien may be taken) • The home if a dependent child who is under age 21, blind or disabled lives there (no lien may be taken and property may be transferred with no penalty) • The home if a sibling with an equity interest lives there and was lawfully residing in the home for at least one year immediately poor to the claimant’s admission to the nursing home (no lien may be taken and property may be transferred with no penalty) • The home if the claimant has a reasonable intent to return home (if claimant does return home, lien dissolves) • Real property on which a joint owner lives for whom sale of the property would cause a loss of housing (a lien may be taken) • Rental property up to $6000 in value (a lien may or may not be taken) • Real property the applicant is making a bona fide effort to sell (a lien will be taken) • Property held in a Special Needs Trust 19
  • 20. 20 EXEMPT TRANSFERS • The home to the spouse • The home to a child under 21, blind or disabled for use as his or her home • The home to a sibling who has an equity interest and who was residing in the home for at least one year immediately before the admission to long-term care • The home to a son or daughter who has lived with the applicant for two years prior to the institutionalization who provided care which allowed the claimant to live at home rather than in an institution (if not transferred may be treated as property excluded on which Medicaid takes a lien)
  • 21. 21 • Gross income • Minus $30 for personal needs allowance • Minus funds to pay for unreimbursed medical expenses (e.g. Medicare Part B premium) • Minus Minimum Monthly Maintenance Allowance payable to spouse = Personal Liability from income payable to nursing home Difference in personal liability and nursing home charges is what Medicaid pays During the wait for application approval, the personal liability must be paid, and when approved Medicaid will pay back to the eligibility date Medicaid is payor of last resort so do not pay the nursing home if the resident is eligible for Medicaid or Medicaid may not pay when approved POST ELIGIBILITY PERSONAL LIABILITY CALCULATION
  • 22. 22 • For every $5800 transferred within five years of Medicaid application one month of penalty is assigned • A month of penalty means no eligibility is possible • The penalty begins to run when the applicant would otherwise be eligible for Medicaid (in other words, when the person is institutionalized and out of money) • Do not confuse allowable $14,000 gift tax gifts with Medicaid gifting • Application timing is important when gifts have been made to keep from triggering penalties (do not let nursing home pressure you into premature filing of application) • Sometimes planning involves gifting money, applying and being approved subject to the penalty and paying with the gifted money during the penalty period • Be aware of the fact that paying relatives to provide care can be considered a transfer of assets unless specific caregiver agreements are established • While spouse outside nursing home should leave nothing in will to institutionalized spouse, if spouse at home dies, the omitted spouse who is a Medicaid recipient must claim up to $15,000 for homestead exemption, $7,500 for personal property exemption and $15,000 for family allowance (total $37,500) and elective share (about ⅓) or failure to claim is considered a transfer of assets TRANSFER OF ASSETS
  • 23. 23 EXAMPLES OF MEDICAID APPLICATION TIMING ERRORS • Mrs. Jones transferred $200,000 to her children in January 2011. She entered the nursing home September 2015. The nursing home told her that the penalty on the transfer was only 34.48 months and she should be in the clear now, so she applies. Because she applied during the five years prior to application the penalty is triggered, and she won’t qualify for Medicaid until 34.48 months from 09/15, approximately August 2018. If she had waited to apply until February 2016, there would have been no penalty at all. • Same scenario except this time Mrs. Jones did wait until February 2016 to apply. She marked the box indicating that she requested assistance retroactively three months, and the full penalty was triggered because she requested assistance during the five year look back. She requested Medicaid for November 2015, establishing the look back to November 2010.
  • 25. ELDER LAW ENHANCING THE LIVES OF SENIORS THROUGH EDUCATION PLANNING FOR WHAT COMES NEXT JAN NEAL 25 Part II
  • 26. SPECIAL NEEDS PLANNING • Special Needs Trusts: Trusts created for disabled persons to permit the set aside of funds to pay for special needs without loss of public benefits. Often used when personal injury proceeds are received by person on public benefits but may also be used for a spouse’s special needs rather than spending down the share attributable to the institutionalized spouse (e.g. to pay for private room, sitters). Usually requires a Medicaid pay back clauses • ABLE Accounts: Accounts created to help pay for disability-related expenses for persons who became disabled prior to age 26 without loss of public benefits. Limited to $14,000 contribution yearly. Accumulation up to $100,000 permitted before loss of SSI; accumulation up to $235,000 to $452,210 (depending on the state) before loss of Medicaid. 26
  • 28. SETTLING ESTATES: WILLS,TRUSTS, GIFTING, ASSET TITLING • It is important to understand the distinction between the probate estate and the non-probate estate • Property in the probate estate requires court action to transfer property • Through planning a person can decide whether to make property part of the probate estate or not (trusts, asset titling, beneficiaries, life-time gifts) • A will determines who takes the probate property • The law of intestacy determines who takes the probate property in the absence of a will • Often the will of the first spouse to die does not need to be probated, but the will of the last spouse to die usually does need to be probated • Plan for the liquid cash your estate will need (attorneys fees, out of pocket expense, home expenses while property is being sold or estate is in the six month claim period) • Estate tax becomes an issue only for estates passing $5,450,000 28
  • 29. 29 AVOIDING PROBATE: HOW TO KEEP PROPERTY OUT OF YOUR PROBATE ESTATE • Living Trusts are an option for property in different states, but all property must be titled to the trust, and property encumbered by a mortgage usually cannot be titled to a trust • Life Gifts (e.g. transfer of home while retaining a life estate) • Joint Ownership • joint bank accounts • joint tenants with right of survivorship on deeds (not transfer on death deed) • Payable on death designations on bank accounts • Transfer on Death (TOD) registration for securities • Affidavit for Assignment of Title for a Vehicle from a Deceased Owner Whose Estate Does Not Require Probate (Alabama Department of Revenue MVT 5-6) for paid off vehicles
  • 30. 30 HOW PROBATE PROPERTY IS DISTRIBUTED WITHOUT A WILL • If there are no children and no parents, all to the spouse • If there are no children, but there are parents, first $100,000 plus ½ of balance over $100,000to the spouse and ½ of the balance over $100,000 to the parent or parents • if there is a spouse and a child or children by a pervious relationship, ½ to the spouse and ½ to the child or children by the previous relationship • if there is a spouse and a child or children by the surviving spouse, first $50,000 to the spouse plus ½ of the balance over $50,000 to the spouse and ½ of the balance over $50,000 to the child or children by the surviving spouse • if there is no surviving spouse, then distribution in the following order: • all to the child or children • all the the parent or parents • all to the siblings • all to the grandparents • all to the aunts and uncles • all to the cousins
  • 31. PROBATE PROCESS: PASSING PROPERTY WITH A WILL • Wills must be probated within 5 years of death • A will may or may not need to be probated depending on the need to pass property • A trust can be established in a will and is called a testamentary trust • Procedure includes • file the will and death certificate asking court to issue Letters Testamentary appointing Personal Representative (Executor), along with proof of notification of next of kin and persons named in will • if all parties sign waivers and will is self-proving, no hearing required • Obtain a tax ID number for estate and pay any taxes • gather and take possession of the assets • notify known creditors and advertise for unknown creditors • wait six months to give creditors an opportunity to file claims and settling debts of the estate • pass property to beneficiaries named in the will (sometimes involves selling property after the claims period has run) • Medicaid estate recovery requires Medicaid to be notified as a creditor in cases where the decedent received Medicaid benefits 31
  • 32. 32 SMALL ESTATE DISTRIBUTION FOR ESTATES NOT EXCEEDING $28,052 IN 2016 • No real estate can be passed • Petition under oath filed by spouse or distributees entitled to personal assets of the estate in the Probate Court of the county where decedent lived prior to death • Provide death certificate • If will existed, provide to court • Provide names, addresses and ages of surviving spouse, children,distributees • Provide details concerning any debts, funeral expenses and a value of each asset • Publish at the instruction of the court
  • 34. ADMINISTRATION OF ESTATES WHEN YOU DIE WITHOUT A WILL • File a petition in the Probate Court where the decedent lived at the time death asking that the petitioner be named the Administer of the Estate and that Letters of Administration be issued giving him or her power to act for the estate; give notice to the next of kin • Hearing required unless all interested parties waive further notice • Be bonded in an amount equal to the value of the personal property of the state plus one year’s estimated income • Gather the assets after Letters of Administration are issued • Inventory the estate and file with the court within two months • Give notice to known creditors and advertise for unknown creditors • Wait six months and satisfy or dispute all claims • Divide estate after the claims have been satisfied • Probate court must approve administrator fee unless all interested persons agree and consent 34
  • 35. 35 DISPOSITION OF REMAINS • Specific burial or cremation wishes can be included in a will, but such an arrangement has limited value when you consider the immediate need to make burial arrangements • Code of Alabama 34-13-11 permits the making of an affidavit naming a particular person to handle funeral arrangements with specific instructions • An affidavit may be useful in situations involving second marriages where the deceased wished to be buried beside first spouse
  • 37. FUNERAL PLANNING • The Federal Trade Commission (FTC) Funeral Rule requires open disclosure of costs in selling funeral services and requires a generalize price list (GPL) be provided. You have the right to purchase only what you want rather than being required to purchase a particular plan • The Alabama Preened and Funeral Act of 2002 (Amended 2008) requires those who sell funeral or cemetery merchandise pursuant to pre-need contracts to obtain a Certificate of Authority with reporting obligations and requirements to set aside or purchase insurance to cover a portion of contract payments. Alabama Department of Insurance monitors compliance. • Cemetery operations remain largely unregulated in Alabama • Pre-need policies freeze the cost of funeral services at today’s prices and avoid purchase decisions being made during the time of funeral arrangements following death • Whole life insurance can be assigned to the funeral home to defray the cost of a pre-need plan • A price list will show the amount spent for space items vs non-space items which is important for Medicaid eligibility • Any amount may be spent on space items (casket, cremation container, vault, burial space, marker, opening and closing the grave). All other pre-need plan items should total $5000 or less. When this is not the case it is usually transporting the body out of state for burial that makes for higher costs • Embalming is not required by law except in unusual circumstances such as shipping the body out of state • Alabama has no restrictions on disposition of ashes (though a particular venue may have restrictions) 37
  • 39. ADDITIONAL RESOURCES National Academy of Elder Law Attorneys: https://www.naela.org Elder Law Answers: http://www.elderlawanswers.com Special Needs Answers: http://specialneedsanswers.com Alabama Benefit Checklist: http://www.slideshare.net/jan_neal/2016-m4a-alabama-benefit-checklist 39