Elder Law

The Care Act 2014 and Caps on Individual Care Costs

IntroductionYou may have read in, or heard on, the news that The Care Bill became the Care Act 2014 when it received the Royal assent recently; on the 14 May 2014, to be exact. Potentially, the Care Act 2014 contains some major reforms that will have important consequences for people receiving care in their homes. A reform of huge significance for everyone involves an upper limit, a cap, being placed on the amount that you as an individual will have to pay for your domiciliary care.The Legislative ProcessThe Care Act 2014 (from now on referred to simply as the Act) is an Act of Parliament. An Act of Parliament - or a statute as it is often called - is law made by Parliament. Parliament consists of one elected body - the House of Commons - and two unelected bodies, the House of Lords and th

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Elder Law

Utah Intestacy Laws Explained

Utah Intestacy Law will govern the distribution of property of the majority of those people who die in Utah.Intestacy is a fancy word for dying without a will or a trust. The Utah State Legislature decided over 60 years ago what would happen to a person's property if they did not make those decisions for themselves by making a will.A lot of people ask me what will happen when they die if they don't have a will or a trust in place. The answer to that is different based on their family situation and how the individual assets are titled.Basically, if someone do not talk about all the property that has a beneficiary already designated like life insurance, 401k's, IRA's, etc. and those assets that already are jointly owned i.e. a home, automobile, or land, then we have everything else that is s

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Elder Law

Why It Is Important to Learn About Elder Law

Obviously, all of us will get aged - and that's a fact. This is the reason why we should take time to learn about the scope of Elder Law particularly the benefits and privileges we can get as we reach our senior years. Apart from getting benefits for ourselves, we can also help other people (by sharing what we learn) particularly the old ones who might be not aware of the laws concerning their welfare.There are two prime advantages of learning about Elder Law and these are the following: It makes us become more aware of the benefits and privileges dedicated for seniors; thus, it can help us get the most out of it when we get old. Our awareness in elder law will also enable us to help others to get the optimum benefits that they can get from privileges designed for elderly (e.g. we can help

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Elder Law

Why Do We Need a Will?

The Importance of a WillWills are important for a variety of reasons, the greatest of which is to ensure that YOU decide how your estate is distributed to and among your loved ones. However, here are four more benefits to having a Will:1. To appoint a Guardian for your minor children2. To appoint a Trustee to manage assets and property that might pass to your children, regardless of their age3. Appoint a Personal Representative of YOUR choice4. Avoid the State from distributing your Assets according to statuteChoose a Guardian for your ChildrenIf you have minor or dependent children, it is critical to select a Guardian who you believe is fit and able to care for your children in their time of need. A Will is the most reliable way to select a Guardian to care for your child in the event of

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Elder Law

Home Is Where the Heart Is, Make Sure You Get to Keep It

The above title is an old saying however so true. Just the word, "home" has such a nice ring to it. Home: where you go after a long day at work... home: where you go to be with family... home: it offers you such a sense of warmth and security. Yet what happens when someone's home is threatened because of having to potentially sell it to help pay for runaway costs of a spouse or other loved one needing to stay in a nursing facility. Elder Law Attorney and CPA Dennis Sullivan addresses this important concern with healthcare advocate Chip Bruce:CB: Sadly in these times many people are very concerned about protecting their homes, spouse and life savings because of increasing nursing home costs, and having to potentially pay for such. I know that you're very active in the region and community t

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Elder Law

3 Crucial Steps to Prepare for Future Elder Care

I think of myself as a very optimistic person, so I wasn't too surprised with the 2012 survey conducted by The National Council on Aging, United Health Care and USA Today, stated overall baby boomers are optimistic about their health and the future. However, when I started delving into the article a little deeper, I started getting that queasy feeling that every dose of optimism needs an equal dose of realism.The first baby boomers turned 65 in 2011, and the majority have not addressed their long term needs or made plans for their senior years. Medicare does not usually pay for long term care.According to the U.S. Census Bureau projections, by 2030, 70 million Americans will be over the age of 65. This is one out of every five Americans. Elders represent the fastest growing age group, and

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Elder Law

New York Passed and Then Repealed Medicaid Expanded Estate Recovery: A Recap

What is "estate recovery"? When a Medicaid-recipient dies, Medicaid may seek reimbursement from his or her estate for the benefits paid on his or her behalf. This is known as "estate recovery". Each state has rules detailing how, and to what extent, such recovery is possible.Historically, NY limited estate recovery to probate assets Until 2011, New York limited such recovery to the Medicaid-recipient's probate assets -- i.e., only those assets titled solely in the Medicaid-recipient's own name. Other assets -- including assets held jointly with another person, a "life estate" reserved in a deed, and assets held in revocable and irrevocable trusts -- were excluded from estate recovery.New rules and regulations expanded estate recovery On April 1, 2011, New York enacted "expanded" estate

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Elder Law

Getting the 411 On Nursing Home Care

In past years many folks were used to dialing the numbers 4-1-1 on their telephone to get information. Here an operator, and in more recent years an automated system, would get you a person's telephone number.When it comes to getting the "4-1-1" on paying for nursing home costs, things aren't quite as easy. There's a minefield of issues out there, and with these a real need to become as knowledgeable as possible about the ever-changing climate. Many a person has gone broke paying the ever rising costs of nursing home care. Don't become another victim!Eldercare attorney Dennis Sullivan got together with healthcare advocate Chip Bruce to discuss and review some items people with nursing home payment issues and questions need to know.CB: One thing that you've emphasized in our prior discussio

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