Archive for the ‘Elder Law Attorney’ Category

When a lawyer permits a non-lawyer who markets living trust packages to hold out to the public that the lawyer will prepare the documents, the lawyer acts unethically.

During the seminar, the marketer describes the benefits of living trusts and repeatedly states that every seminar participant should have a living trust.

A VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

if you are a veteran or a family member acting as agent, filing for aid and attendance, inform the facility that ABSOLUTELY NOBODY from the facility has permission to speak to the VA. If a VA rep calls, he/she should be referred back to the agent of record.

the VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

Consequently, if you state your claim correctly, have all your necessary documentation, and don’t allow any parties to talk to the VA adjudicator, you may not have been denied.

If my mother sells her house before moving into Assisted Living, does she have to count that money as income?

If you mother has plans to sell her house, then it is always best to take care of these issues before applying for A&A.

The VA did not consider prescription co-pays as there is no ability to predict their on-going requirement.

We suggest review the pharmacy print-out and line out everything that is not recurrent

To Hospitalize or Not to Hospitalize, that is the Question?

The Kaiser Family Foundation Report explores factors that appear to drive relatively high rates of hospitalizations, based on interviews with doctors, nursing home staff and families in four cities.  Key factors include liability concerns, limited onsite staff capabilities, difficulty reaching residents' physicians for care instructions on nights and weekends, better and more timely access to diagnostic tests in hospitals, and patient preferences. Physicians with patients in a long-term care facility say it is more convenient and potentially in their financial interest to see patients in the hospital, based on their understanding of coverage and payment policy.

What is the VA procedure of a DRO and a BVA?

Briefly, a DRO is at the local VARO office and can be requested by a claimant at any time.  This senior adjudicator and can overturn the original's adjudicator's decision and approve the claim.  If he denies the claim, he must send a statement of the case which gives the claimant the reasons for the denial. From the time that a DRO denies the claim, the claimant has only 60 days to file his formal appeal with the BVA, using form VA9. The Board of Veterans Appeals (BVA) is part of the VA and is in Washington.  Its judges review claims that were…

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There are a number of financial organizations that abuse seniors and those who refer to them, if they knew or should have known that the senior (or disabled) was likely to be financially abused.

There are a number of financial organizations that abuse seniors and those who refer to them, if they knew or should have known that the senior (or disabled) was likely to be financially abused. For statutes related to annuity and financial abuse see (www.riesslaw.com).  On this website, you will find the statutes and California case law. Combine that with information you can find on the California Advocates for Nursing Home Reform website and that of the State Bar AND the Attorney General’s website. 

What is a Medicaid Friendly Irrevocable Trust?

A Medicaid Friendly Irrevocable Trust has asset protection potential for those whose health and budget will allow them to leave the assets undisturbed for five years.

If a Veteran’s widowed spouse is residing in her daughter’s home and daughter is providing caregiving services, can the payments under a personal caregiver agreement count as UME?

If a Veteran’s widowed spouse is residing in her daughter’s home and daughter is providing caregiving services, can the payments under a personal caregiver agreement count as UME?  Yes, but there must be an actual money exchange from claimant to daughter and the daughter must claim the income, in her personal tax return. Additionally, to the personal needs contract, many VA adjudicators request an attendant sitter affidavit. To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or…

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