Elder Law

Vehicles and Medicaid

General Rule One vehicle of any value is exempt. If the applicant has more than one vehicle, then the most…

2 years ago

Uniform Partition of Heirs Property Act

The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…

2 years ago

POMS Provisions Regarding Property Rights

POMS SI 01120.010 provides that an individual must have some form of ownership interest in property in order for the…

2 years ago

Priority of claims against a decedent’s estate

In Georgia, O.C.G.A. 53-7-40 provides that claims are paid in the following order: Unless otherwise provided by law, all property…

2 years ago

Property Rights

Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1).  They…

2 years ago

Divorce and the Community Spouse

Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…

2 years ago

Seeking Adjustments to the CSRA or MMMNA

MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…

2 years ago

Post-Eligibility Treatment of the Institutional Spouse’s Income

As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…

2 years ago

Protecting Income for the Community Spouse

Income and resources are treated differently. Unlike resources, income is not pooled in determining eligibility; the Community Spouse’s separate income…

2 years ago

Potential Redetermination When Moving to a New State

In Dullard v. Minnesota Department of Human Services, 529 N.W.2d 438, 443 (Minn. App. 1995), Minnesota was allowed to reevaluate…

2 years ago