Elder Law

Medicaid Post Eligibility Treatment of Income and Incurred Medical Expenses

After Medicaid eligibility is established, 42 C.F.R. ยง 435.725 addresses how income is treated. For clarity, if the Medicaid recipient…

5 days ago

Medicaid’s Refusal to Provide 24/7 Care in the Community Might be Discrimination

In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara Harrison's claim challenging Medicaid's denial…

3 weeks ago

Federal Nursing Home Quality of Care Regulations

Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged…

3 weeks ago

New Article Discussing Medicaid Enrollment and Wealth Transfers

On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers of wealth among older adults.…

4 weeks ago

Virtual Dementia Tour

Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to allow participants to experience what…

4 weeks ago

Supreme Court weighs in on valuation of insurance in stock redemption agreement

In 2021, we blogged about a valuation case, Connelly v. U.S., 20 F. 4th 412 (8th Cir. 2023). We noted…

4 weeks ago

Do I need a Gun Trust?

Gun trusts were developed so gun owners can pass their firearms to beneficiaries or heirs at death (or disability) without…

1 month ago

Danger of DIY Legal Work

Sometime people want to avoid the expense of paying an attorney and they try DIY (do it yourself) fixes. Recently…

1 month ago

Medicaid’s “any circumstance” test for trusts

Medicaid's "Any Circumstance" Test for Trusts In case you missed the memo, Medicaid doesn't like trusts. The rules relating to…

2 months ago

SNT Trustee Ordered to Reimburse Some Conservator Expenses

SNT Trustee Ordered to Reimburse Some Conservator Expenses In Weidner v. Stevenson (Cal. App. 2nd Dist. May 13, 2024), Roberta…

2 months ago