Hidden Medicaid Trap in Elder Nuptials

An unpleasant fact of life in the U.S. is the way that government regulations can leap out of the bushes to bite you when you least expect it. One prime example is in the case of a marriage between elders. Henry was 75, healthy and retired, he had saved $600k which he held in a… Read more

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Medicaid Alchemy: Base “Resources” Transmuted into Precious “Income”

Citation: Lopes v. Dept. of Social Services (2nd Cir., No. 10-3741-cv, Oct. 2, 2012) Background: in the jargon of Medicaid, the term “community spouse” describes the healthy spouse of a Medicaid applicant (aka the “nursing home spouse”). The resources of both spouses are considered available to the nursing home spouse and must be disclosed on the… Read more

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Mere Custody of Your Disabled Adult Child Confers No Legal Rights

Not infrequently I learn of parents who neglect to obtain guardianship of their disabled children after the child becomes an adult, typically because they are unaware of the fact that they have lost all legal rights to make decisions for their child. A recent court decision in Kentucky (GGNSC Stanford, LLC v. Rowe, cited in… Read more