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Medical Power of Attorney

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Why Is Having A Medical Power of Attorney So Important?

As you enter your senior years, one of the options you will face is whether or not to name someone as your medical power of attorney. Given the breadth of the decisions you have to make in your golden years, this one can sometimes fall through …

Is It Necessary to Have A Durable Power of Attorney?

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As you age, you will eventually be faced with the choice of whether to have a durable power of attorney. This arrangement can assist you with some of the challenges of your senior years and provide peace of mind for yourself and your family. But, is it absolutely necessary to have a power of attorney? …

Protecting Your Assets from Medicaid

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How Can I Protect My Assets from Medicaid?

As you reach your golden years and begin to consider the possibility of using Medicaid to pay for long term care arrangements, you will absolutely want to consider how to protect your assets. Medicaid will not come into play until you have virtually exhausted your assets. Although the …

What is a Living Will?

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When it comes time to discuss estate planning options, one of the most important aspects is a living will, also commonly called an advance directive. Most people know what a will is: a legal instrument used to direct the disposition of assets after death. However, a living will is a slightly different type of document.

 

A …

Gave It Away and Can’t Get It Back = Medicaid Trouble

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Most Medicaid applicants quickly realize that giving away assets can get them in trouble. To receive help paying for the nursing home through Medicaid, you must disclose your financial transactions during the last five years, referred to as the “look-back period.” Ohio has a five-year look-back period. If you gave away an asset or sold …

Keeping Good Records

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Have you ever wondered, “The older I get, does it really matter if I continue to keep good financial records?” Absolutely it does. We don’t know what the future holds. But for those Americans who need skilled nursing help, keeping good financial records matters — and could even impact future generations of their families.

Long-term care …

Why do I need an Elder Law Attorney when applying for Medicaid benefits?

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Many people ask, “Why do I need an Elder Law attorney to help me apply for Medicaid benefits for a loved one entering a nursing home?”

The simple answer: because Elder Law attorneys focus on this specific area of the law. They understand the rules of Medicaid so they can employ the best strategies to help …

Selling the home when a spouse received Medicaid

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Ohio’s laws on Medicaid estate recovery are among the most aggressive in the country. Following the death of a Medicaid beneficiary, the state must seek reimbursement for the cost of benefits paid on behalf of a beneficiary during his or her lifetime. While most states limit reimbursement only to the assets of the Medicaid beneficiary’s estate …

Should I Get Married in my Golden Years?

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Typically, significant life events are driving factors for individuals to evaluate or re-evaluate their estate plans. Whether these events include getting married, having children and grandchildren, retiring or needing long-term care, lives change. And it is crucial to accommodate for these changes in your estate plan. However, what happens when you don’t have an estate …

How Estate Tax Changes Could Affect Farmers

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In August 2016, the IRS proposed a new regulation under Section 2704 of the Internal Revenue Code that could greatly affect farmers. This long-awaited proposal would take away the ability for family-owned farming businesses to apply the valuation discounts they have used for so long. The change would cause a significant tax hit, discouraging further …

Planning for the Surviving Spouse

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So much of estate planning and Elder Law revolves around uncertainty. Nobody knows how long they will live. Will they end up in a nursing home? Will the federal estate tax change? Will Ohio bring back the estate tax? While we may not know the answers, we all know for certain that one day we …

When is an Asset Protection Trust Right for Me?

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As Elder Law Attorneys, we are often asked this question. The simple answer follows.

If you have something you don’t want to lose to the nursing home, an Asset Protection Trust is right for you. Just make sure you set it up and fund it at least five years and one day before you need long-term …

QIT 101

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More and more, people are hearing they need Qualified Income Trusts — a QIT — to stay on or receive Medicaid benefits at home or in the nursing home. It’s just another in a long line of recent changes to Ohio Medicaid laws.

Unfortunately, many of these changes affect thousands of elderly Ohioans and have made …

Does your estate plan still work?

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Change is inevitable. And when it occurs, your estate plan must change as well. Most of us have been told that we should go to the doctor once a year for a checkup. We know the car oil needs changed every 3,000 miles or so. However, unlike our health and our cars, few of us …

Are you Uninformed About Estate Planning?

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Do you have a plan in place if you can’t make health and financial decisions for yourself? What about a plan to protect your loved ones in the event you become injured or die? If you don’t, you’re not alone. Many Americans don’t have proper estate plans in place.

It is absolutely necessary that everyone has …

How to Avoid a Common IRA Mistake

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If you’re like many people, you’ve probably invested in an IRA for retirement. But one piece of advice I can give you is to always make sure one thing is in order: your beneficiary forms. Here’s why.

Many clients we encounter set up trusts to accomplish their personal goals, whether it be to avoid probate or …

Farmers and the Proposed Federal Estate Tax Changes

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2016 is a great year to die. Personally I’m hoping to spend quite a few more years on this planet, but from an estate tax perspective now would not be a bad time to go. Many states, including Ohio, currently have no state estate tax. The federal government exempts the first $5.45 million of your …

Bait and Switched? Get Long-Term Planning Without Expensive Long-Term Care Insurance

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Is long-term care insurance enough to protect your assets and family when faced with a nursing home crisis?

For many people, the idea of long-term care insurance is a great way to protect their estate from a devastating hit due to the rising costs of long-term care. Based on Ohio statistics, the average stay in a …

Six Important Questions to Ask When Choosing a Nursing Home

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Whether it’s you, a spouse or a parent, deciding to move to a nursing home can be a stressful situation, especially if you don’t know the right questions to ask. You may read the fancy brochures and tour the facilities, but they begin to blend together and the search can feel overwhelming. Before you make …

What is a CCRC?

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CCRC stands for Continuing Care Retirement Community. A CCRC delivers a wealth of options for senior housing and services. These options include guidance and attention through the spectrum of long-term care — from independent living to skilled nursing care.

It is comforting to many people to know they can start out completely independent, with the option …

Long-term care premiums going up? Find out how legal planning can help!

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If you are among the 8 million Americans with long-term care insurance, you may have noticed your premiums climbing higher and higher. You’re not alone. Long-term care insurance premiums have been rapidly increasing for seniors across the country.

 

What options are available if you can’t afford these premiums? How can you still protect your assets? While …