Elder Care and Special Needs Law Blog

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

We have long known that seniors are more vulnerable to financial abuse. The COVID pandemic has only amplified this problem due to the increased social isolation and stress it has wrought. Perpetrators look for opportunities when their victims are most vulnerable.» Read More

It had been over a year since our geriatric social worker, Lori, and I first met with and wrote about our client Jane, who came to see us because she was concerned about her parents. Since that time there have been many more Janes, all facing similar challenges.» Read More

For most of us, the prospect of $600 (or perhaps even $2,000) appearing in our bank account is a welcome gift. However, if our loved one is on Medicaid it can fill us with concern. How can this money be used?» Read More

If you receive Social Security or SSI, you likely have already noticed that your check is slightly larger this year. The Social Security Administration has provided a 1.3% cost-of-living adjustment (COLA) for benefit payments. This brings the federal SSI payment to $794.» Read More

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

In the final days of 2020, the President signed the ALS Disability Insurance Access Act. This new law eliminates the five-month waiting period for individuals with Amyotrophic Lateral Sclerosis (ALS) before they can receive Social Security Disability benefits. Many people do not know that if you become disabled and can no longer work, you must wait five months before collecting Social Security disability benefits.» Read More

In recent days, The New York Times has devoted several articles to the long-term care industry and its failure in the pandemic. (See “This Is Why Nursing Homes Failed So Badly,” “Nursing Home Patients Are Dying of Loneliness,” and “Push for Profits Left Nursing Homes Struggling to Provide Care.”)» Read More

Recently, the Financial Industry Regulatory Authority (FINRA) issued a new regulation to protect investors from unscrupulous financial advisors and brokers. Rule 3241 limits the ability of a broker-dealer to be named as a beneficiary, executor, trustee, or power of attorney for one of their customers.» Read More

As COVID cases surge again, many clients have expressed concerns about loved ones requiring long-term care. Families are naturally hesitant to consider facility placement. Facilities are definitely better prepared now than in the spring, and most have so far been able to keep cases under control.» Read More