Elder Law Articles

What to do if you have an Obamacare plan and become eligible for Medicare

If you or someone you know has a marketplace health care plan under the Affordable Care Act (an “Obamacare” plan), and you’ve reached the age of 65 or are close to it, it’s important to look carefully at your options. Not making the right decision could be costly. In the vast majority of cases, the smart approach is to terminate the Obamacare plan and sign up for Medicare. But many people are unaware of this fact,

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How Elder Law Attorneys Assist Senior Citizens

As you and your loved ones get older, new situations will be encountered that involve issues due to aging. You are not quite sure how to solve these problems. Where can you get advice? A good starting place is going to an attorney that specializes in elder law. What is Elder Law? Elder Law is a rapidly growing legal practice that assists senior citizens needing help and guidance with legal matters. It specifically focuses on older

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What you need to know about estate sales

We accumulate a lot of things over a lifetime, and at some point – often because of the death of a loved one, or because a senior is downsizing and moving – we need to get rid of some or all of them. An estate sale is one way to dispose of possessions that you no longer want or need.  

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Patients may get more access to experimental drugs

Before it approves a medicine for human use, the federal Food and Drug Administration requires rigorous clinical trials to ensure that it is safe and effective. These clinical trials can take many years. But what about people who have life-threatening illnesses now, and who might benefit from an experimental treatment that is still a long way from approval? Currently, such patients have two options. One is to enter one of the clinical trials, but this is often impossible due

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Congress limits insurance for Medicare deductibles

Medicare beneficiaries often buy “Medigap” insurance policies that pay for many of regular Medicare’s deductibles and copayments.  But as a result of a new law passed by Congress, starting in 2020 Medigap plans will no longer be allowed to offer coverage of the Medicare Part B deductible, which is currently $147. However, current Medigap policyholders and those buying policies before 2020 will still be eligible for the deductible coverage after that date, so this is something to keep in

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If you pay relatives to provide care, you might want to have a contract

A growing number of seniors are providing a salary or other form of reimbursement to their family members who provide them with personal care. If you’re thinking of doing so, it can be a very good idea to draw up a written contract. This can make it easier to qualify for Medicaid, and can help a family in other ways as well. It might seem odd to sign a contract with your family. Many children feel

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Direct Knowledge of Severity of Senior’s Injuries Not Required to Support Conviction for Elder Abuse (Mass. App.)

91-year-old Olivia Cruz died of sepsis caused by wounds developed sitting stationary in her feces and urine while under the care of her son, Filip. When paramedics were called to her home after she suffered a stroke, they were overwhelmed with the odor of urine and rotting flesh. A jury ultimately convicted Filip of wantonly or recklessly permitting serious bodily injury to an elder under his care and with wantonly or recklessly committing abuse, neglect, or

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Elder mediation can reduce family strife

When a parent gets older and begins to need additional care, it can create a lot of stress within a family. Sometimes, it can create conflicts and misunderstandings between family members as well. For example, siblings might argue over what’s best for an aging parent. Or if one family member is doing the bulk of the care, it can lead to resentment within the family, especially if the person providing the care is also receiving compensation

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New rules for reverse mortgages

The federal government has tightened the rules for reverse mortgages, making it harder for some seniors to get these types of mortgages and reducing the amount of a home’s value that can be tapped. Reverse mortgages allow elders who are house-rich but cash-poor to use their housing equity. Homeowners who are at least 62 years old can obtain a loan that doesn’t have to be repaid until the homeowner moves, sells, or dies. The homeowner receives a

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