Ways to Avoid Medicaid Estate Recovery
Your mother is in a nursing home and has qualified for Medicaid. She’s been able to keep her home because it is an exempt asset, but what happens to the house after she is gone? What if it was your spouse on Medicaid and the state paid over $70,000 in benefits? Will they attempt to recover bene... Read More
Category:
Medicaid Planning
Can You Keep Your Real Estate and Still Qualify For Medicaid?
The general rule: If a Medicaid applicant owns two pieces of property, the property where the applicant resides is “exempt” and the second property is considered a countable resource and must be sold and the proceeds spent down before an individual can qualify for Medicaid. While most people are... Read More
Category:
Medicaid Planning
Will Medicaid Pay for Memory Care?
What is memory care? The term “memory care” sounds simple enough, as it is a type of residential long-term care that is tailored to those with Alzheimer’s or other dementias. However, it can get complicated when it comes to understanding the different benefits available to help with the cost ... Read More
Category:
Medicaid Planning
Beware of the Powerless Powers of Attorney
Our clients frequently ask us, “How do I know if I have a good power of attorney in place?” If you're ever unable to manage your financial affairs (stroke, Alzheimer's, dementia, etc.), or if you need long-term care in the future and want to protect your assets, then you don't want to have what ... Read More
Category:
Medicaid Planning
Medicaid Spend-down Checklist
There is a great deal of confusion regarding the spend-down of assets for Medicaid qualification. For a single person, who can only keep $2,000 in countable assets in Kansas or $5,000 in Missouri, that individual may find himself or herself wondering what the money can be spent on without causing an... Read More
Category:
Medicaid Planning
Debunking 5 Myths About Gifting to Children
Every year one of the most frequently asked questions we get is “How will the gifts I’ve made to my children affect my eligibility for Medicaid benefits?” Given the ever-changing laws in the Medicaid field, every year our answer is just a little bit different. There are so many misconceptions ... Read More
Category:
Medicaid Planning
Beyond Just a Simple Medicaid Application
Heroic CaregiverRecently, I had a client come into my office, and it was one of those situations that I know you all have seen. This gentleman came in, his daughter and son-in-law accompanied him. He had been the heroic caregiver. He was caring for his wife, and they were concerned that he literally... Read More
Category:
Medicaid Planning
Medicaid Redeterminations are HERE
A couple of months ago, we let everyone know that Medicaid Redeterminations were on the way. At the time, it was uncertain of when they would begin, and now we finally have our answer. Beginning April 1, 2023, both Kansas and Missouri Medicaid will restart annual renewal processes.If you or a loved ... Read More
Category:
Medicaid Planning
Planting the Seeds for the Next Generation: How to Protect the Family Farm if You Need Long-Term Care
Spring is finally here! Even though farming is a year-round job, spring is an exciting time for farmers as they are busy planting seeds for a successful crop this year.The family farm is both a home and a business. Often the farm was passed down to the farmer from their parents, and the expectation ... Read More
Category:
Medicaid Planning
Are Over-the-Counter Hearing Aids Worth the Money?
Over-the-counter hearing aids are now available to buy in Kansas City since Oct. 17, 2022. Making these devices more accessible and affordable is a step in the right direction, however consumers should be aware of both the benefits and potential drawbacks. To help you make an informed decision, the ... Read More
Category:
Medicaid Planning
Updated 2023 Medicaid Figures
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Category:
Medicaid Planning
Prepare Yourselves - Medicaid Redeterminations Are Coming
When COVID-19 struck in 2020 the state and federal governments made the decision that during the public health emergency no one would be kicked off of Medicaid, for any reason. The emergency order is still in place but will likely end sooner rather than later. It is renewed for 90 days at a time, an... Read More
Category:
Medicaid Planning
Formula 1 Race Against Dementia
In 2019 Netflix released their new series “Drive to Survive” which showcased the world of Formula 1 (F1) racing. I binge watched the show in a couple of days and was hooked on all of it: the personalities, the cars, the races around the world. I started getting up early every Sunday morning to w... Read More
Category:
Medicaid Planning
Platte County Senior Health & Caregivers Expo
We want to thank Platte Senior Services, Inc. for inviting us to the Senior Health & Caregivers Expo. The goal of the event was to provide caregiver support information, Veterans information, flu shots, and more to the seniors of Platte County. Check out their website for a list of activities, e... Read More
Category:
Medicaid Planning
New Changes For Nursing Homes
The COVID-19 pandemic highlighted the need for change within our nursing home system. According to the Centers for Disease Control and Prevention, over 200,000 residents and staff have died from coronavirus in long-term care facilities during the pandemic.Now, the federal government is rolling out n... Read More
Category:
Medicaid Planning
KC Shepherd's Center 70 over 70 Awards Gala
The 70 Over 70 Awards Gala honors those who have made significant contributions and achievements in their respective endeavors and includes community leaders and builders, business owners, entrepreneurs, volunteers, environmentalists, and arts and cultural leaders. - KC Shepherd's CenterHeidi Bremso... Read More
Category:
Medicaid Planning
Happy Birthday, Ken!
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Category:
Medicaid Planning
Happy Birthday, Amber!
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Category:
Medicaid Planning
Why Blended Families Should Use Elder Law Attorneys
We recently had a client, Sarah, a widow, who came to us for assistance in applying for Medicaid benefits. It had been a second marriage for both she and her late husband, John, and each of them had children from their previous marriages. Immediately after they were married, John sought the help of ... Read More
Category:
Medicaid Planning
What is a Life Estate?
The phrase “life estate” often comes up in discussions of estate and Medicaid planning, but what exactly does it mean? A life estate is a form of joint ownership that allows one person to remain in a house until his or her death, when it passes to the other owner. Life estates can be used to avo... Read More
Category:
Medicaid Planning
Walk to End Alzheimers
Courtney loves Heidi Bremson and her Alzheimer's art! Another year, another painting to raise money for the Alzheimer's Association. This year the Walk to End Alzheimer's will be held on October 2nd at the National WWI Museum and Memorial. Click here if you would like to participate with the KC Elde... Read More
Category:
Elder Law
Mirador: Making Connections
Alzheimer's News Today recently highlighted Mirador Magazine. Mirador's goal is to provide both digital and printed publication for those with Alzheimer's and other dementia's as well as providing support for family members and caregivers. If you get a chance, please check them out!... Read More
Category:
Elder Law
Coffee in the Park
Kenneth Herring was invited to the Parkville Chamber's "August Coffee in the Park" event to showcase local businesses in the area. Ken spoke to the audience about elder law and the importance of Medicaid planning, while Kevin Robinson spoke about Undo Skincare & Wellness Center, and Angel Biggs ... Read More
Category:
Medicaid Planning
Back to School Checklist
Sending your child to college requires a laundry list of things to check off. Something to keep in mind is that your “child” is 18 and an adult. When making your list of things to send, a laptop, dorm room supplies, etc., keep in mind that a good Power of Attorney for both finances and heal... Read More
Category:
Medicaid Planning
2022 Updated Medicaid Figures
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Category:
Medicaid Planning
Warning Signs
You have always known your parents to be the caregivers. From helping you with your homework, to scheduling your doctor appointments, and taking care of a skinned knee when you decided to tie a skateboard to the back of a bicycle (Not saying that was me, just saying, 'Thank you, m... Read More
Category:
Medicaid Planning
Countable VS Exempt Medicaid Assets
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Category:
Medicaid Planning
Medicaid’s “Snapshot” Date and Its Crucial Impact on a Couple’s Financial Picture
When a married couple applies for Medicaid, the Medicaid agency must analyze the couple’s income and assets as of a particular date to determine eligibility. The date that the agency chooses for this analysis is called the “snapshot” date or the "date of institutionalization" and it can have a... Read More
Category:
Medicaid Planning
7 Important Facts You Need to Know About Powers of Attorney
1. What is a Durable Power of Attorney?A Durable Power of Attorney is a legal instrument by which one person, the principal, authorizes another, the agent, to act on the principal's behalf regarding financial or medical decisions. A Power of Attorney is one of the most simple and important planning... Read More
Category:
Powers of Attorney
If a Medicaid Recipient Moves in with Us, Will Medicaid Try to Recoup Benefits from Us?
Question: My father-in-law is coming to live with his son and me. We own our home (in both our names) and have significant savings. Can Medicaid try to make a recoupment claim against us after my father-in-law's death?Answer: No. Medicaid can only make a claim against the beneficiary’s estate. Fam... Read More
Category:
Medicaid Planning
You Can Now Compare Nursing Homes on Staff Turnover Rates and Weekend Help
The Centers for Medicare and Medicaid Services (CMS) announced that it will add data on staff turnover rates and weekend staffing levels to its Care Compare website, giving consumers another tool when choosing a nursing home. The official Medicare website includes a nursing home rating system. Care ... Read More
Category:
Medicaid Planning
“Back to School” for Seniors at Arizona State University
It sounds like the plot of a Rodney Dangerfield movie, but, in a case of life imitating art, Arizona State University has opened an Independent living community for older adults 62+ located on one of the busiest corners of their Tempe, Arizona campus. In December 2020 the facility, called Mirabella,... Read More
Category:
Elder Law
How Medicaid Covers In-Home Care and Assisted Living (Home and Community Based Services or HCBS)
When our clients start thinking about Medicaid it is usually because they have an older loved one whose care has become unmanageable for their support system. Sometimes that’s because of a sudden health event, like a bad fall, that substantially increases the level of care required in the blink ... Read More
Category:
Medicaid Planning
What Happens to a Medicaid Recipient If the Community Spouse Dies First?
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is not in the nursing home (called the "community spouse") may pass away first. This is because the community spouse's death may make the spouse in the nursing home i... Read More
Category:
Medicaid Planning
When Can Someone Be Declared Legally Incompetent?
If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process. If a loved one is unable to make ... Read More
Category:
Elder Law
How Much Can a Trustee Be Compensated?
Serving as a trustee of a trust can be a huge responsibility, so trustees are entitled to compensation for their work. The amount of compensation depends on the type of trustee and the complexity of the trust. Depending on the trust, a trustee’s duties can include managing trust assets, making dis... Read More
Category:
Medicaid Planning
You Can Just Say No: Declining to Act as an Agent Under a Power of Attorney
Acting as an agent under a power of attorney is a big responsibility and it isn’t something everyone can take on. It is possible to resign or refuse the position.There are two main types of powers of attorney – financial and medical. As the agent under a power of attorney, you act in place of th... Read More
Category:
Powers of Attorney
Annual Gift Tax and Estate Tax Exclusions Are Increasing in 2022
The amount you can gift to any one person without filing a gift tax form is increasing to $16,000 in 2022, the first increase since 2018. The federal estate tax exclusion is also climbing to more than $12 million per individual.The IRS’s announcement that the annual gift exclusion will rise for ca... Read More
Category:
Medicaid Planning
Top 10 Medicaid Pitfalls
Medicaid was considered a complicated program when President Lyndon B. Johnson first signed it into law at the Truman library in Independence Missouri, and it has grown even more complex since 1965 when the program was created. Medicaid is a maze of rules and regulations, filled with all kinds of pi... Read More
Category:
Medicaid Planning
Can We Apply for Medicaid for Our Mom Without Her Signature?
My mom needs Medicaid for a possible future stay in a nursing home. She has not given any of her children power of attorney, and she refuses to sign anything, including any Medicaid application papers. Is there any way to apply for her without her signature?The answer will depend on the state Medica... Read More
Category:
Medicaid Planning
Changes to Medicaid in 2022
In March of 2020, The State of Missouri declared a health care emergency and issued an order which provided, among other things, that anyone currently receiving Medicaid benefits would continue receiving them regardless of their continued eligibility. In other words, due to the temporary emergency o... Read More
Category:
Medicaid Planning
Does the Person Who Received a Gift from a Medicaid Applicant Have to Be the One to Return it to Erase the Medicaid Penalty?
Question: My mother gifted money to her granddaughter. Now my mother needs to apply for Medicaid and will be subject to a penalty period as a result of the gift. The granddaughter has spent the money, so she cannot return it. We are wondering who is allowed to cure a gift? Can only the recipient cur... Read More
Category:
Medicaid Planning
November is Family Caregivers Month
This month is a time to reflect on the sacrifice and benevolence of family caregivers. These caregivers are almost always unpaid, dedicating their lives to supporting a family member or loved one in need, with little or no training or additional financial support. Usually, the decision to become a ... Read More
Category:
Medicaid Planning
What It Means to Need ‘Nursing Home Level of Care’ for Medicaid Eligibility
When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level care typically provided in a nursing home. Whether you are applying for nursing home coverage or through a Medicaid waiver program for coverage at hom... Read More
Category:
Medicaid Planning
WHAT’S THE DEAL WITH...Medicaid, Gifting, and Taxes?
The season of giving is just around the corner. Retailers are getting deliveries of holiday stock even as Halloween candy languishes on the shelves, and gifts to children and grandchildren of all ages will soon abound - perhaps especially to those college-aged children and grandchildren who find the... Read More
Category:
Medicaid Planning
Questions You Should Be Asking Your Elder Law Attorney
How long have you been practicing elder law?In the big scope of things, elder law is actually a young field of law. However, there are elder law attorneys who have been practicing for over 20 years. As with anyone you hire, you want someone who is experienced and well versed in their field. What can... Read More
Category:
Elder Law
Online Survey Helps Older Adults Assess Their Financial Vulnerability
All older Americans are vulnerable to financial abuse, but there are certain circumstances that make someone more likely to be scammed. An online survey can help older adults (or their caregivers) assess their risk of being exploited based on how they make financial decisions. It is hard to ascertai... Read More
Category:
Elder Law
How Do I File for a Guardianship?
No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a "guardian," but in some states called a "conservator" or other term. A guardian is only appointed as a last resort if other,... Read More
Category:
Powers of Attorney
Preserving the Family Vacation Home for Generations to Come
Summer is winding down and if you are one of the lucky ones, you got to spend some time at a family vacation home. How do you make sure your children and grandchildren can enjoy that second home as much as you did?The question for owners of vacation homes in planning their estates is the vision they... Read More
Category:
Trusts & Wills
Probate v. Non-Probate: What Is the Difference?
When planning your estate it is important to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute your property after you die. Some assets are distributed to heirs by the court (probate assets) and some assets byp... Read More
Category:
Probate
Protecting Your House After You Move Into a Nursing Home
While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against your house after you die, so you may want to take steps to protect your house. If you get help from Medicaid to pay for the nursing home... Read More
Category:
Medicaid Planning
Medicaid's Power to Recoup Benefits Paid: Estate Recovery and Liens
Federal law requires the state to attempt to recover the long-term care benefits from a Medicaid recipient's estate after the recipient's death. If steps aren't taken to protect the Medicaid recipient's house, it may need to be sold to settle the claim. For Medicaid recipients age 55 or older, state... Read More
Category:
Medicaid Planning
Can We Return Gifted Property So That Our Mother Is Not Subject to a Medicaid Transfer Penalty?
Question: My mom gave us land less than five years ago. Now she is applying for Medicaid and is subject to a five-year look-back period. Can we give the land back to our mother so that she doesn’t get a transfer penalty?Answer: Yes. If someone transfers property for less than fair market value wit... Read More
Category:
Medicaid Planning
End Alzheimer's Annual Fundraiser
We are so thankful to Michelle Garrard with Comfort Care Homes for hosting this year's End Alzheimer's Annual Fundraiser at Pinot's Pallette. Here, KC Elder Law's Heidi Bremson, is joined by Pam Imber, with Avenue 81, and Craig Corey and Edra Mark, with Monarch Hospice, painting the "Alzheimer's Bra... Read More
Category:
Medicaid Planning
5 Pets Who Received Paw-sitively Outrageous Sums When Their Owners Died
For many people, pets are considered family members. Some people even choose to include their pets along with (or even instead of) their children in their estate plans, leaving money to make sure that their beloved pets are well cared for even after their death.US law does not allow animals to inher... Read More
Category:
Trusts & Wills
Is an Agent Under a Power of Attorney Entitled to Compensation?
Question: My wife and I have are agents under my 86-year-old mother's durable power of attorney. We are her primary caregivers because she is not able to cook her own meals, clean her own home, do her own laundry, do grocery shopping, drive herself to doctor's appointments, allocate her own medicati... Read More
Category:
Powers of Attorney
End-of-Life Care Decision Making
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive longer, sometimes indefinitely. As... Read More
Category:
Powers of Attorney
Be Careful Not to Name Minors as Your Beneficiaries
Most people want to pass their assets to their children or grandchildren, but naming a minor as a beneficiary can have unintended consequences. It is important to make a plan that doesn’t involve leaving assets directly to a minor.There are two main problems with naming a minor as the beneficiary ... Read More
Category:
Medicaid Planning
10 Scams Targeting Older Adults: Don’t Take the Bait
According to the FBI, elderly Americans lose over 3 billion dollars per year to fraudsters who employ various scams to take advantage of them. Scams are a form of elder abuse, and scammers often target... Read More
Category:
Medicaid Planning
Can I Get Home Care from the Veterans Administration?
Yes! The Veterans Administration (VA) has an underused pension benefit called Aid and Attendance that provides money to those who need assistance performing everyday tasks. Even veterans whose income is above the legal limit for a VA pension may qualify for the Aid and Attendance benefit if they hav... Read More
Category:
VA Benefits
Autonomous Cars and Electric Pets : How Robots Could Improve Quality of Life for Older Adults
It is difficult to tell an aging loved one that they can no longer safely hold a driver’s license. There are countless articles, videos, and other resources that advise on the best way to broach the subject because, although it may be crystal clear that your loved one can no longer drive safely, n... Read More
Category:
Elder Law
The Longest Day - Alzheimer's Association
The Longest Day® is the Alzheimer's Association's second signature fundraising event. The event is a global call-to-action to join the fight to end Alzheimer's on the summer solstice, the day with the most light. Thousands of participants from around the world choose an activity that they love, or ... Read More
Category:
Elder Law
Court Case Illustrates the Danger of Using an Online Power of Attorney Form
A recent court case involving a power of attorney demonstrates the problem with using online estate planning forms instead of hiring an attorney who can make sure your documents are tailored to your needs. Mercedes Goosley owned a home in Pennsylvania. In 2013, she named one of her six children, Jos... Read More
Category:
Medicaid Planning
Five Estate Planning Myths
There are lots of misconceptions about estate planning, and any one of them can result in costly mistakes. Understanding who needs an estate plan and what it should cover is key to creating a plan that is right for you. A properly crafted estate plan allows you, while you are still living, to ensure... Read More
Category:
Trusts & Wills
Younger Adults Now More Likely to Have a Will, According to Survey
A new survey has found that motivated in part by the coronavirus pandemic, younger adults are now more likely to have a will than middle-aged adults. Nevertheless, the overall percentage of Americans with a will has dropped over the past several years. Caring.com’s 2021 estate planning survey fou... Read More
Category:
Medicaid Planning
Moving to a New State? Be Sure to Update Your Estate Plan
While legally you may not need all-new estate planning documents if you move to a different state, you should have your documents reviewed by a local attorney in your new home. The Constitution of the United States requires that states give “full faith and credit” to the laws of other states. Th... Read More
Category:
Powers of Attorney
President Biden Proposes Billions in Increased Funding for Home Health Care
President Biden has introduced a plan to spend $400 billion over eight years on home and community-based care for the elderly and people with disabilities. The money would go to expand access to care and support higher-paying caregiving jobs. As the elderly population grows, our long-term care syste... Read More
Category:
Elder Law
"The Father" - Anthony Hopkins wins Best Actor Oscar for this portrayal of an aging patriarch
At the 2021 Academy Awards, Anthony Hopkins became the oldest person to win the “Best Actor” category for his movie “The Father.”In “The Father”, Hopkins plays the patriarch of a family dealing with progressive memory loss and refusing to accept his dementia diagnosis. Hopkins’ charac... Read More
Category:
Medicaid Planning
Difference Between Estate Planning and Elder Law Attorneys
Elder law is a specialty area of legal practice that involves understanding and meeting the unique needs of elder clients and their families. The main difference between Estate Planning and Elder Law attorneys is that Elder Law attorneys focus on planning for a wide variety o... Read More
Category:
Medicaid Planning
Does the Agent Under a Medical POA Have the Right to Get Information from the Agent Under a Financial POA?
Question: As an agent under a medical power of attorney (POA), do I have the right to see my father’s financials? The agent under the financial POA, who is my brother, has never revealed any financial information even though my dad requested it multiple times. Now my dad is not able to make decisi... Read More
Category:
Powers of Attorney
Medicaid Recipients Have a Little More Time to Spend Down Their Stimulus Money
The one-year deadline for nursing home residents on Medicaid to spend down their first round of stimulus checks is here, but they may have a little extra time. In March 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized $1,200 stimulus checks to most Americans, including... Read More
Category:
Medicaid Planning
Planning for Parkinson's Disease
The month of April is Parkinson’s awareness month. Over 1 million people in the United States (and 2% of people older than 65) have Parkinson’s Disease. Parkinson’s is a progressive degenerative disease that affects the way that the brain produces dopamine, causing symptoms in the rest of the ... Read More
Category:
Elder Law
Take the Parkinson's Awareness #KnowMorePD Quiz
From the Parkinson's Foundation website: April is Parkinson’s Awareness Month. This year, we want to raise awareness about Parkinson’s disease and all of the available resources we have developed to make life better for people with Parkinson’s disease (PD). So we’ve ... Read More
Category:
Elder Law
How to Create an Estate Plan That Includes Your Pet
Pets are members of the family, so it is important to consider how to provide for them in your estate plan just as you would the human family members. While we may think of pets as part of our family, the law considers them to be property. This means that you cannot leave anything in your will direc... Read More
Category:
Trusts & Wills
What Happens When a Beneficiary Designation Differs from What Is Stated in the Will?
Question: I have a brother and half-brother who are both beneficiaries of my parents’ estate along with me. My parents’ will stated that certain investment accounts were to be divided into thirds and certain accounts were to be divided in half, depending on how or when they were acquired. In res... Read More
Category:
Probate
Can I Transfer My Grandmother’s Car to My Name Without Causing a Medicaid Penalty Period?
Question: An elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken by estate recovery after she passes? I was told to do a title transfe... Read More
Category:
Medicaid Planning
How the $1.9 Trillion COVID-19 Relief Bill Aids Seniors
President Biden has signed the latest COVID-19 relief bill, which in addition to authorizing stimulus checks, funding vaccine distribution, and extending unemployment benefits, also provides assistance to seniors in a number of ways. The $1.9 trillion American Rescue Plan Act (ARPA) delivers a broad... Read More
Category:
Elder Law
The Film ‘I Care a Lot’ Highlights Vulnerabilities in the Guardianship System
Netflix’s popular new movie, I Care a Lot, may be far-fetched in a lot of ways, but it does highlight some real weaknesses in the guardianship system that make it possible for an unscrupulous guardian to take control of an elderly person’s life and bleed their resources dry. Fortunately, steps c... Read More
Category:
Powers of Attorney
8 Tips for Having 'The Talk' with Elderly Parents
Talking about estate planning is a difficult, emotional topic but it’s essential for every family.Unless you’re certain your parents have an up-to-date will and a wider plan for what should happen in the event of their passing, you shouldn’t assume everything will be taken care of.According to... Read More
Category:
Elder Law
Activities of Daily Living Measure the Need for Long-Term Care Assistance
Most long-term care involves assisting with basic personal needs rather than providing medical care. The long-term care community measures personal needs by looking at whether an individual requires help with six basic activities that most people do every day without assistance, called activities of... Read More
Category:
Elder Law
Medicaid’s Coverage of Nursing Home Care
For better or for worse, Medicaid is the primary method of paying for nursing home care in the United States. But navigating the Medicaid system is complicated and confusing. Here are the basics.
Medicaid (sometimes called by other names, such as "Medi-Cal" in California, "MassHealth" in Massach... Read More
Category:
Medicaid Planning
Navigating the Waters of Medicaid: You Need a Guide
For someone who has never dealt with Medicaid before, the beginning of the Medicaid application process can feel like preparing to climb a mountain for the first time. It’s difficult to even know where to start.For many people, the first step is a Google search that leads them down a rabbit hole o... Read More
Category:
Medicaid Planning
Larry King, Holographic Wills, and the Spouse’s Elective Share
We’ve all seen Larry King Live, but if you’ve been following the news lately you’ve seen that Larry King is still making headlines after his death. The drama surrounding Larry King’s will is being spurred by Shawn King, his seventh wife. The lovebirds were in the earl... Read More
Category:
Medicaid Planning
An Ounce of Prevention is Worth a Pound of Cure: Why Planning for Incapacity Today is More Important Than You Think
Ben Franklin once said “In this world nothing can be said to be certain except death and taxes”. Many people have a plan for death and taxes, but few people have a plan in place for incapacity - the physical or mental inability to do something or to manage one’s affairs.The reason for this is ... Read More
Category:
Elder Law
7 Reasons Why You Need a Last Will and Testament
Many of us spend a lifetime accumulating assets, personal property and mementos. It only takes a short time to make sure these valued items get passed on to your loved ones if something happens to you. When executed correctly, a last will and testament can clearly state your wishes and ensure that t... Read More
Category:
Medicaid Planning
Think before you purchase: Medicaid does not consider all funeral plans "exempt"
When Elizabeth received the call from her brother telling her that he had just placed their mother, Gertrude, into a Kansas nursing home, she took the first available flight to Kansas City. Elizabeth was her mother’s durable power of attorney for financial decisions and knew there were a number o... Read More
Category:
Medicaid Planning
A Look Inside the Firm
by Jana HennesseyWhen I began my work ten years ago at KC Elder Law, my knowledge of elder law was very limited. I thought it would be a promising area of law to explore, due to the increasing aging population and longer life expectancy. What I didn’t realize is the great need for these services a... Read More
Category:
Medicaid Planning
When is the right time to do Medicaid Planning
Our office receives many calls from concerned loved ones and family members wondering if or when they should start Medicaid planning. The answer: It is never too early or too late to discuss the planning options available. Below are just two examples of the many types of calls we get every day where... Read More
Category:
Medicaid Planning
The Five Year Look Back Period
"I’ve heard that you can’t give anything away within three years of going to a nursing home," says Mabel to her friend during a bridge game at the local Senior Center. "No," Gertrude says, "What my sister-in-law told me is that you can’t give away anything within five years of applying for Med... Read More
Category:
Medicaid Planning
Stimulus Checks for People on Medicaid
Medicaid has strict income and asset requirements. Once approved, a recipient may receive income through Supplemental Security Income (SSI) and/or health care coverage with costs offset by the state and federal governments. People receiving these benefits really depend on them for their basic needs.... Read More
Category:
Medicaid Planning
Stimulus Checks for Decedents
This month a number of our prior clients, who are now deceased, received stimulus checks from the IRS. Apparently, the IRS used data from 2018. The guidance on what to do with the checks is lacking and some people are being told to just keep the checks because the IRS has said that “people who rec... Read More
Category:
Probate
Estate Planning and the Coronavirus
We’ve all been inundated with information about the Coronavirus…how it’s likely to spread and the steps we need to take to protect ourselves and our loved ones.We’ve all been told to:*wash our hands frequently;*avoid touching our eyes, nose and mouth;*cover our cough or sneeze with a tissue;... Read More
Category:
Powers of Attorney
Why You Shouldn't Walk into the Medicaid Office Alone
I’ve written before about the dangers of filing a Medicaid application yourself, without any idea of how the Medicaid rules work. But, in the past month we have had a rash of calls from folks who did just that and ended up with Medicaid penalties - months of Medicaid ineligibility and no way to pa... Read More
Category:
Medicaid Planning
Protecting Your Loved One
Identity theft seems to be the new crime of the century, and when someone passes away, they often become an easy and unidentifiable candidate for identity theft. Family members may become unguarded and feel that since their loved one has passed, their identity does not need to be protected. Howeve... Read More
Category:
Elder Law
Do You Have a Powerful Power of Attorney
The foundation for a strong asset protection plan is a comprehensive power of attorney. Unfortunately, this is not something you can just download off the internet, because you have to understand the Medicaid rules in order to understand what makes a power of attorney powerful.Many people do a will ... Read More
Category:
Medicaid Planning
Protecting Your Digital Assets
In today’s world, technology controls much of our everyday life. The advance capabilities of computers have made them an easy go-to for people to carry out routine tasks such as paying bills, communicating with others, storing pictures, shopping, etc. They also serve as the ideal storage component... Read More
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Medicaid Planning
If I Have a Revocable Living Trust Do I Still Need a Power of Attorney?
We frequently see situations where clients have set up a revocable living trust. Trusts are great planning tools and they would typically contain language which deals with distribution of assets at the death of the person(s) who set up the trust.The use of trusts is also a great way to keep assets o... Read More
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Medicaid Planning
Can You Get Paid To Care For Your Loved One?
Are you caring for an elderly family member or friend and not getting paid? You may be thinking that it is in the best interest of your loved one to preserve their assets rather than for you to get paid for the care you are providing. And in some cases, that is correct. In other situations, however,... Read More
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Medicaid Planning
4 Commonly Asked Questions About Medicaid
4 Commonly Asked Questions About Medicaid1. Is a married couple always required to spend down one-half or more of their assets before qualifying for Medicaid?Answer: It’s frequently possible to qualify someone for Medicaid and protect the assets for the at home spouse. Sometimes, this can actually... Read More
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Medicaid Planning
Major VA Rule Changes Just Announced
For the last three years the Veteran's administration and advocates have been wrestling with rule changes that the VA proposed approximately three years ago. The final rule changes were just announced in the Federal Register on September 18, 2018. That means the changes will become effective October... Read More
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Medicaid Planning
KANSAS AND MISSOURI MEDICAID FIGURES
Every January and July there are adjustments made to some of the figures used by Medicaid. This month has seen changes to both the Kansas and Missouri penalty divisor, as well as a change in Kansas to the minimum income the community spouse is entitled to receive.KansasMonthly Maintenance Needs All... Read More
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Medicaid Planning
Can spouses make transfers to each other without triggering a Medicaid penalty?
We all know, in general terms, that when one spouse needs nursing care, in order to qualify for Medicaid they go through a process called Division of Assets.The State looks at the assets that the married couple has and put those assets into two categories. The State says certain things are exempt: a... Read More
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Medicaid Planning
Can The Retirement Plan(s) For a Married Couple Be Protected If One Spouse Needs Nursing Care?
In recent years, many people have accumulated a fair amount of assets in their retirement plans. This is often in the form of an IRA or a 401(k) or sometimes even a 403(b). Those funds grow on a tax deferred basis and can be accumulated until the account holder reaches age 70-1/2 at which point he o... Read More
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Medicaid Planning
Don’t Make These 3 Mistakes if You Need Long Term Care
If you have a loved one who will soon need nursing care, the thought of paying $7,000 per month or more can be utterly terrifying. Many folks find their life savings drained in a matter of months. That’s were Medicaid can help.Unfortunately, the Medicaid rules are a lot more complicated than the t... Read More
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Medicaid Planning
KanCare Changes Leave Seniors Struggling
What our office and our clients have been experiencing over the past few years has been documented in an article in today’s Kansas City Star, “... a number of changes the state made to streamline the Medicaid application and renewal process have actually created a maze that seniors are getting l... Read More
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Medicaid Planning
10 Tips for Parkinson’s Disease Caregivers
Parkinson's News Today has posted an interesting article for caregivers that we thought you might find helpful. More often than not, it's the caregiver who reaches out to us. We see their stress, and we want to help. Just like the article states, it's easy to forget to take care of yourself when so ... Read More
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Elder Law
Long Term Care Insurance - Is It Right For You
Long term care insurance (LTC insurance), unlike most health insurance plans, pays for the cost of your care when you need permanent help with activities of daily living (bathing, dressing, eating, etc.). Depending on the LTC policy, covered services may include nursing home care, personal care at h... Read More
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Elder Law
The 16th Annual Helen Gold Gold 5K/10K
The 16th Annual Helen Gold Run/Walk, benefiting Parkinson's Disease Research at the KU Parkinson's Disease Center, will be held on September 16, 2017 beginning at 8:00 a.m.For more information regarding this race, please visit:http://www.helengold5k.com/index.php... Read More
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Elder Law
Adult Day Care - An Alternative to Nursing Home Placement
Isolation is often a great danger to elders living independently and, as an alternative to moving into a nursing facility or assisted living facility, many elders have been able to remain living at home with the assistance of adult day care programs.Adult day care programs are community-based and pr... Read More
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Medicaid Planning
LEAP! Lifestyle Enrichment for Alzheimer's Prevention
Senior Star at Wexford Place partnered with KU Alzheimer's Disease Center, and is hosting a 6-week educational series dedicated to providing evidence-based Alzheimer's prevention tips for caregivers, professionals, and loved ones who are impacted by dementia-related disease. During this 6-week serie... Read More
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Elder Law
Estate Recovery
After a Medicaid recipient dies, the state has the right to recover any assets remaining in their estate in order to reimburse itself for the Medicaid benefits that were paid out on their behalf. This is known as estate recovery. The estate recovery program applies to anyone who has received Medic... Read More
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Medicaid Planning
The Kansas and Missouri Nursing Home and Assisted Living Guide
If you haven't already, check out the changes to our Kansas and Missouri Nursing Home and Assisted Living Guide. Please use this guide as a valuable resource to help you narrow down which nursing homes and assisted living homes are in your area, which ones take Medicaid, and the contact information ... Read More
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Elder Law
Personal Care Contracts and Medicaid
Millions of Americans are currently caring for an elderly family member or friend at home, without receiving regular compensation. Depending on the circumstances, however, it may actually be beneficial for both parties to enter into a care contract wherein the caregiver accepts payment for the care ... Read More
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Medicaid Planning
More Changes to Medicaid
Effective 7/1/17The Kansas Medicaid penalty divisor increased. Now for every $197.88 in value gifted, there will be one day of ineligibility. The minimum income for an at-home spouse raised to $2,030 per month.... Read More
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Medicaid Planning
Changes to Medicaid
Starting 7/1/17 the asset limit for Missouri Medicaid is changing. An individual can now keep up to $2,000. If both spouses are in a nursing home, they can keep up to $4,000.... Read More
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Medicaid Planning
What You May Not Know About Medicaid
By now, most everyone knows the basics of Medicaid starting with the fact that a single person can qualify once their assets have been spent down to $2000 in Kansas, $999 in Missouri and a married couple can qualify the institutionalized spouse for benefits once they have spe... Read More
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Medicaid Planning
Hospice Care - Benefit for Those with Life-Limiting Illnesses
Hospice care is a team-oriented approach to medical care, designed to enhance the quality of life as it nears its end. It is designed to aid in pain management and offer emotional and spiritual support through palliative therapy, education and counseling. It is tailored to meet the needs and wishes... Read More
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Hospice
Creating a Trust for Your Pet
Who will care for your dog or cat when you pass away? What will happen to your bird should you become incapacitated? For many people, providing care for their pet after they pass away or if they become incapacitated is a very big concern and, as a result, most states (including Kansas and Missour... Read More
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Medicaid Planning
Caring for a Veteran at Home - VA Benefits May Cover Cost
The Veteran's Administration provides a wonderful pension benefit for those individuals who served at least one day during a period of wartime and are now disabled due to non-service connected reasons (aging related issue, Alzheimer's, Parkinson's, multiple sclerosis, and/or other physical disabilit... Read More
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Medicaid Planning
Transferring Property Upon Your Death
There are essentially five ways an individual can transfer property to their loved ones upon their death. Depending on the age of the persons who will be receiving property or the dynamics among family members who are receiving the property, it is important to choose your method of transfer very ca... Read More
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Probate
Trusts & Wills
Missouri & Kansas Updated Medicaid Figures
Below are the 2017 Medicaid figures for Missouri and the anticipated figures for Kansas. Keep this guide handy to refer to as necessary. Please email us if you have any questions. ... Read More
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Medicaid Planning
What is an Elder Law Attorney?
When a new client comes in to see us, very often the focus of attention begins with the will and estate plan. “I want to make sure my assets pass to my heirs in the manner I desire and that it be done with a minimum of taxes and other expenses,” our clients will frequently say. When I meet someo... Read More
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Elder Law
What Assets Can I Keep and Still Qualify for Medicaid?
To qualify for Medicaid, applicants must pass some fairly strict tests on the amount of assets they can keep. To understand how Medicaid works, we first need to review what are known as exempt and non-exempt (or countable) assets. Exempt assets are those which Medicaid will not ta... Read More
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Medicaid Planning
What is the Difference Between a Power of Attorney and a Guardianship?
What is a Power of Attorney? A power of attorney is a legal document where one person (the principal) authorizes another (the agent) to act on their behalf. There are financial powers of attorney which allow your agent to make decisions regarding your prope... Read More
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Powers of Attorney