Archive for the ‘Uncategorized’ Category

VIDEO – How To Avoid Probate and Pay For Long Term Care

To watch the video click HERE The video is approximately nine minutes long.

DAVID WINGATE – TOP ATTORNEY

I am pleased to announce that I was recently selected as one of the Top Attorneys in the USA, by the Who’s Who Directories. I have a wonderful team who are truly passionate about helping our clients prepare for their second half of life.         For a complete list of upcoming seminars, visit our website at www.davidwingate.com. Peace of mind is only a call or click away! For an Initial Consultation call The Elder Law Office of David Wingate at (301) 663-9230 or visit www.davidwingate.co David Wingate is an elder law attorney at the Elder Law Office…

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Don’t be “blindsided” by finding out your Durable Power of Attorney isn’t POWERFUL enough!

Don’t be “blindsided” by finding out your Durable Power of Attorney isn’t POWERFUL enough! Is your Durable Power of Attorney more than 5 years old or prepared by an Estate Planning attorney or general practitioner? You may find out too late that there are assets your Power of Attorney can’t handle for you.   For a complete list of upcoming seminars, visit our website at www.davidwingate.com. Peace of mind is only a call or click away! For an Initial Consultation call The Elder Law Office of David Wingate at (301) 663-9230 or visit www.davidwingate.com David Wingate is an elder law…

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Guardianship & Supported Decision-Making: What’s the Difference?

When you have a loved one that needs some assistance with making important decisions, whether they be financial or regarding medical care, you may be faced with deciding what type of help he or she needs. Regardless of the reason for the decision-making help – age, illness, developmental disability – you are likely to be faced with two choices regarding your loved one’s care: guardianship or supported decision-making. These are two completely different terms that come with varying responsibilities for both the person who needs the help and the one offering support. Guardianship and supported decision-making each come with their…

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Was that a “Senior Moment” or a sign of Dementia?

As we age, it is not uncommon for memories to dull but it is not a guarantee that this will happen to everyone. In fact, there are numerous measures we can take today to keep our minds as sharp as possible throughout our lives. Remaining active, socially engaged, a good diet and exercise, proper sleep, and challenging your mind through a variety of “brain exercises” will all play important roles in how strong your mind is over the years. This is important because dementia and conditions such as Alzheimer’s has emerged as one of the leading factors contributing to people…

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For Older Voters, Getting The Right ID Can Be Especially Tough

Nearly three dozen states require voters to show identification at the polls. And almost half of those states want photo IDs. But there are millions of eligible voters who don’t have them. A 2012 survey estimated that 7 percent of American adults lack a government-issued photo ID. While some organizations have sued to overturn these laws, a nonprofit organization called Spread The Vote has taken a different tack: It helps people without IDs get them. And people over 50 years of age have presented some of their biggest challenges. On a recent Tuesday morning in Austell, Ga., 53-year-old Pamela Moon…

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Confused about Medicaid?

Confused about Medicaid? Don’t know where to turn? Look no further than the Elder Law Office of David Wingate! Our Long-Term Care Planners can walk you through the Medicaid process step-by-step to protect what you have worked so hard to save! But don’t just take our word for it, listen to what your friends and neighbors are saying, “I went to see David Wingate because my parent was in a nursing home. I was very pleased with what they did to help cover the bills. I really didn’t know what to expect, and if they would be able to do…

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FINANCING LONG-TERM CARE

There are many ways that long-term care can be paid for, depending on the individual’s medical and financial circumstances and what planning was put into place prior to the need for care. To name several: Paying privately from your savings Traditional long-term care insurance Hybrid long-term care insurance built upon a whole or universal life framework Hybrid long-term care insurance built upon an annuity framework and funded with qualified retirement funds Accelerated life insurance benefits Selling life insurance death benefit at a discount to make cash available to pay for care Reverse mortgage Veteran’s benefits Medicaid benefits It’s unlikely that…

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New Jersey Nursing Home Cannot Sue Resident’s California-Based Son to Recover Unpaid Bill

A New Jersey appeals court holds that it does not have jurisdiction over a New Jersey nursing home’s lawsuit against the California-based son of one of its residents for the resident’s unpaid nursing home bill because the son’s contacts with the nursing home and Medicaid were not sufficient to confer jurisdiction. Egg Harbor Care Center v. Scheraldi (N.J. Super. Ct., App. Div., No. A-2956-16T4, July 11, 2018). Patricia Scheraldi executed a power of attorney in Virginia, naming her son, Corey Pagano, as her agent. Mr. Pagano lived in California. Ms. Scheraldi moved to New Jersey, entered a nursing home and applied…

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Residency Agreement Making Daughter Personally Liable Is Not Unconscionable

Reversing a trial court, a Connecticut appeals court rules that a residency agreement signed by the daughter of an assisted living facility resident making the daughter personally liable for her mother’s care is not unconscionable or against public policy. Emeritus Senior Living v. Lepore (Conn. App. Ct., No. AC 40078, June 26, 2018). Denise Lepore admitted her mother to an assisted living facility and signed the residency agreement as her mother’s representative. The agreement stated that if a representative signed the agreement, the representative and the resident were “jointly and severally” obligated to pay the facility. Ms. Lepore eventually stopped paying…

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