Elder Law Articles

Seniors who are no longer ‘independent’ can’t be discriminated against

Can an apartment complex require elderly residents to prove that they can live independently? How about a retirement community that caters to both independent and assisted-living residents – can it designate certain apartments or activities as only for people who are independent? The answer might be more complicated than you think. Two federal laws – the Fair Housing Act and the Americans With Disabilities Act – protect people with disabilities against discrimination. Landlords who try to

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Nursing home residents should prepare financially in case their spouse dies first

Seniors who are relying on Medicaid to help pay for expensive nursing home care need to plan carefully for the possibility that their spouse will pass away before they do. Unlike Medicare, not all seniors are eligible for Medicaid. Medicaid is designed for people with limited income and assets, and to be eligible, you must meet strict financial guidelines. Many people have to spend down their assets to almost nothing and/or exhaust their long-term care insurance

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You should have your estate plan reviewed if…

Some people think that once they’ve written a will and implemented an estate plan, they can forget all about it. Of course, that’s not true; an estate plan must be reviewed periodically and updated, or it can become out-of-date and actually frustrate all your good intentions. As a general rule, an estate plan should be reviewed at least every five years to make sure it still reflects your personal and financial situation, your wishes, and the

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Some real estate agents are specializing in helping seniors

Seniors who are buying or selling a house often have very different issues from younger buyers and sellers. They may be contemplating downsizing, moving to a more accessible home, searching for an active adult community, or looking for a way to age in place. Because of this, some real estate agents have now begun specializing in helping people who are age 50 and older. A “Seniors Real Estate Specialist,” or SRES, is an agent who has

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A quick look at Medicare, Medicaid, and nursing homes

Many people are surprised to discover that Medicare actually provides very limited coverage for nursing homes. In theory, Medicare Part A covers up to 100 days of care in a skilled nursing facility for each spell of illness. However, this is true only if the nursing-home care follows at least a three-day admission to a hospital. Further, after 20 days, you must pay a copayment of $157 a day (although this may be covered by Medigap insurance).

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IRS increases long-term care insurance deductions for 2015

The amount you can deduct on your taxes as a result of buying long-term care insurance has been increased by the IRS for 2015. If you itemize your deductions, you can generally claim a deduction if your premiums, together with your other unreimbursed medical expenses, amount to more than 10% of your adjusted gross income (or 7.5% if you’re 65 or older). The maximum amount of the premiums you can deduct each year depends on your

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Should you buy long-term care insurance? How to decide

One of the most difficult financial decisions for middle-aged and older people is whether to purchase long-term care insurance. On the one hand, LTCI premiums are generally high, they’re likely to increase in the future, and if you’re in your 50s or 60s, the need is probably decades away. On the other hand, many people have been saved by having LTCI. It enables them to choose their own care setting, hire help without dipping into savings,

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Legal issues to consider when parents are living with their adult children

Did you know that 17 percent of the U.S. population – that’s more than 50 million Americans – are living in households with two adult generations? Some of these are homes where “boomerang” children have returned home after college. But in a great many cases, seniors who no longer want to live alone (or are no longer able to live alone) are living with their middle-aged children. Sometimes the senior moves in with the children, sometimes

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Proposed Modification to Veterans Pensions

The Department of Veteran’s Affairs is seeking to modify its regulations for Veterans Pensions without submitting its proposals to Congress. Currently, a veteran who served during wartime and has either a non-service connected disability or is over the age of 65 can receive a “Veterans Pension” to help pay for long-term care. Currently, the veteran must meet income and asset requirements. The veteran with a dependent may receive a maximum of $2,120 per month to offset

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How to make sure your funeral wishes are followed

Many people have very specific preferences for how their funeral should take place. These can include where they want the funeral to be held, who should be invited, what the person will wear, who should speak, what music should be played, and who should act as pallbearers. If these things are important to you, it’s a good idea to take steps to make sure your wishes are carried out properly. You can write detailed instructions, and

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