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Peace of Mind

Elder Care and Special Needs Law Blog

Helping families face aging, illness, and disability through estate planning, asset preservation, and life care planning.

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Jul 26, 2021

New Federal Rules Implementing Out-of-Network Charges Issued

This week, I had two experiences, one in my practice and one in my personal life, that reiterated how challenging our health care system is. First, I had to tell a client that while I could get her 19-year-old son DDD services, there is nothing I could do to get him covered by Medicaid during the two-year waiting period for him to become Medicare eligible.*» Read More

Jun 16, 2021

Veterans Administration Adds Conditions to List of Presumptive Diseases for Disability Benefits Eligibility

The Veterans Administration has announced several additional conditions that have been added to the list of presumptive diseases resulting in eligibility for VA disability benefits. Veterans who served in Vietnam and have been diagnosed with bladder cancer, hypothyroidism, or Parkinsonism will no longer have to prove exposure to Agent Orange or a relation between exposure and their disease.» Read More

Mar 22, 2021

Major Victory for Adults Who Provide Home Care for Parents

Advocates are celebrating an important victory for individuals who provide care for their parents at home. The new decision will likely lead to a substantial expansion in the number of homes transferred to those caregivers. In A.M. v. Monmouth County Board of Social Services, the New Jersey Appellate Division recently reaffirmed the New Jersey regulation that allows older adults to transfer their homes to their adult caregiver children without Medicaid penalty.» Read More

Feb 22, 2021

Changes Medicare Beneficiaries May See First Under the New Administration

On January 19, 2021, the Centers for Medicaid and Medicaid Services (CMS) issued a final rule addressing Medicare Part C – Medicare Advantage Plans and Part D Prescription Programs. The rule is far-reaching, but I want to touch on some of the provisions particularly relevant to consumer education and access.» Read More

Jan 11, 2021

What Guardians Should Know About COVID and the COVID-19 Vaccine

Should I Consent to My Ward/Loved One Getting Vaccinated?

Remember that you are obligated to consult your ward and apply the substituted judgment standard; that means making the decision based on their previously expressed wishes and values, not what you or their physician thinks is best for them.» Read More

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