Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available assets even though the applicants retained the right to use the houses that were put into the trusts. Daley v. Secretary of the Executive … Read more
Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions due to a mental disability, the court will appoint a substitute decision … Read more
The decision to move a spouse into a nursing home is one many couples have to face. Taking the time to prepare in advance can help alleviate some of the stress and uncertainty that comes with this process. Here’s an … Read more
Estate planning usually refers to planning for what happens upon your death. Another part of estate planning is planning for your incapacity.
My client Jennifer is the ex-wife of a physician. He is only 54 but recently had a seizure. … Read more
During this holiday season, nursing home residents may want to leave their care facilities to participate in family or religious activities. However, many are fearful that such absences will negatively impact their Medicare coverage. In a recent article, the Center … Read more
With the just-announced September 2015 Consumer Price Index for All Urban Consumers (CPI-U) actually lower than the comparable figure in September 2014, the betting is that next year’s Medicaid’s spousal impoverishment figures and related numbers will remain the same as … Read more
After eight long fought years, the Achieving a Better Life Experience (ABLE) Act became law in December 2014. The ABLE Act grew out of an idea from several parents from the Down Syndrome Association of Northern Virginia who, sitting around … Read more
All of the attorneys at Pearson Bollman Law practice in the area of elder law. Oftentimes this involves advising clients on how to qualify for Medicaid. A typical situation is where our client recently moved their spouse into a skilled … Read more
Elder Law is defined by the client to be served. In other words, the attorney who practices Elder Law may handle a range of issues but has a specific type of client – the elderly.