Special Needs Trusts 101: The Basics

Special Needs Trusts 101: The Basics

Written by Jill Roamer, J.D. & Marcheasa Minium, J.D.  Trusts are certainly not the most perspicuous of legal inventions, but they can be a critical part of any family with a loved one with special needs. Experienced professionals understand the nuances of the various types of trusts available, what language is necessary, and which trust…

California, the Deficit Reduction Act, and Stacked Gifting

California, the Deficit Reduction Act, and Stacked Gifting

Written by Jill Roamer, J.D.  The Deficit Reduction Act of 2005 (DRA) did many things. It implemented new whistleblower protections, changed the annuity rules, allowed states to vary premiums and cost-sharing for Medicaid benefits, and instituted the “Money Follows the Person” rule. But the heavy hitters of the DRA were the modifications of the look-back…

Wife liable for Nursing Home Expenses in Iowa Case

Wife liable for Nursing Home Expenses in Iowa Case

Written by Jill Roamer, J.D. Dean and Patricia were married for more than 50 years. In early 2017, Dean entered a nursing home. Patricia, acting as Dean’s authorized representative, executed the residency agreement with the nursing home. About six months later, Patricia filed an application for Medicaid benefits on Dean’s behalf. It was denied and…

National Guard Called in for Staff Shortages

National Guard Called in for Staff Shortages

Written by Jill Roamer J.D.  Even in the beginning stages of the pandemic, advocates for nursing homes and other care facilities warned of staff shortages. And their trepidations have come true. Just last month, AARP reported that 30% of nursing homes they surveyed were experiencing staff shortages. Sadly, the report also showed that there were more than…

Special Needs & Service Animals

Special Needs & Service Animals

Written by Robert T. Nickerson The public notion on those with special needs that also have service animals is continuously evolving. Many businesses and even mobile apps like uber have become more friendly towards those that need a service animal with them at all times. The downside is that with more attention also leads to…

Is a Court-Appointed Conservator Personally Liable for Actions Taken?

Is a Court-Appointed Conservator Personally Liable for Actions Taken?

Written by Jill Roamer J.D. As a senior ages, they may no longer be able to look after their own affairs. This could be their medical affairs, financial affairs, or both. Hopefully, the senior planned early and had the appropriate powers of attorney in place. These documents allow another to act on the senior’s behalf…

Does Voluntary Payment of Past-due Nursing Home Charges Violate Federal Law?

Does Voluntary Payment of Past-due Nursing Home Charges Violate Federal Law?

Written by Jill Roamer J.D. Federal law prohibits a nursing home from requiring that past-due expenses be paid as a condition for a resident to be admitted to or continue to stay at a facility. But what if someone volunteers such payment? This issue was recently litigated in the Commonwealth of Kentucky Court of Appeals. In this case,…