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Elder Law

Strengthening Your Special Needs Trust

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by Douglas L. Kaune, Esquire A special needs trust (SNT) (or special needs trust provision in a Will or in another trust) is an important planning option if you are considering a significant gift to a beneficiary who is considered “disabled” or “incapacitated” and either has or is likely to qualify for government benefits such as social security …

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Nursing Care Abuse Claims

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It can be a very emotional and difficult time when a family member enters a nursing home. We want the best for our loved ones and expect that they will receive exceptional care. Unfortunately, there are occasions when residents are victims of nursing home abuse, elder care abuse or nursing home neglect. It is important …

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Avoiding Will Contests – How To Prepare For The Worst

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Have you thought about disinheriting a child or grandchild? Do you intent to “write” an heir out of your will who might expect an inheritance? Are you leaving one child more than another child? Do you children have radically different needs and you are considering an unequal distribution or gift to your children? If you …

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Protect Assets Using Family Care Agreements

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Family Care Agreements, also referred to as Caregiver Agreements, have increased in popularity as a result of the more stringent Deficit Reduction Act (DRA) Medicaid gifting rules. These agreements are usually established between an elderly individual who is agreeing to “pay” and the individual or individuals who is/are agreeing to provide continued care and assistance …

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Reminder: Medicaid Asset Protection is Alive after the DRA

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There is a great deal of misinformation about the viability of Medicaid and Nursing Home asset protection planning after the Deficit Reduction Act of 2005 (DRA). I want to remind clients, friends and advisors that there are an abundance of planning options available to single and married individuals who want to protect assets from spending …

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Key Medicaid Figures for Pennsylvania for 2009

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The Key 2009 Pennsylvania Medicaid Numbers can be found by clicking this link. They include, Community Spouse Resource Allowance (CSRA), Monthly Maintenance Needs Allowance, Average monthly cost of nursing home care in PA, Estate Recovery, Home Equity Limit, Medicaid Transfers and Ineligibility for Gifts. These figures and requirements change annually. Review these important numbers …

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Getting Government Assistance For At Home Nursing Care

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Many clients with family members and spouses in need of full time nursing care would like to provide care at home. Unfortunately, not everyone has the financial resources to pay for this care privately. There might be an alternative to private pay home care for you and your family. There are possible options such …

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Joint Accounts Can Have Unexpected Pitfalls

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Joint bank accounts are often established by individuals with the hope of creating an account with one or more of the following benefits: probate avoidance, reduced inheritance taxes or as a convenient way to allow family member to write checks and pay bills. Unfortunately there are numerous Medicaid/Elder Law Planning, estate planning and asset protection …

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