Although Elder Law is an entity of its own, it can technically be considered as part of our estate planning services. We work with seniors and their adult children to analyze their long-term care needs and financial options.
We work with our clients to develop a plan of how to transfer, gift, or organize any assets to ensure that there is enough money to pay for long-term care needs and protect assets for the next generation, if possible.
Much of our work includes assisting individuals and couples to apply for Medicaid (Title 19) when someone needs expensive long-term care.
Medicaid in CT can pay for skilled nursing home care, which currently costs about $15,000/month in our area, and home care, which can cost up to $8000/month for full-time live-in care.
One common issue that arises in Medicaid planning is the look-back period, which means the transferor may be penalized from receiving Medicaid if he or she has made a gift during the five-year period before applying for Medicaid.
We assist clients to analyze the risks and penalties and counsel them on their options.
Even if the look-back is not an issue, there are often spend-down requirements, which we assist clients with in order to spend their funds as wisely as possible.
We also help clients retain assets for the spouse at home by use of Medicaid annuities and protect the family home for a child who has lived with the parents and cared for him or her for more than two years.
Our attorneys are also accredited with the PLAN of CT, which is the only entity authorized by the State of Connecticut to operate Pooled Trusts. These are often required if a client’s income exceeds the cap for Medicaid services.
Still not sure if an Elder Law Attorney Is right For You?
On May 25, 2021, the Connecticut chapter of the National Academy of Elder Law Attorneys (CT-NAELA) announced that new members have been elected to key leadership posts.
Many of our clients are veterans who served during active wartime (WWII: 12/7-1941-12/31/1946, Korea: 6/27/1950-1/31/1955, Vietnam 2/28/1961-5/7/1975).
The long-term health care needs of a veteran or a surviving spouse of a veteran may entitle that person to a stipend from the VA, known as Aid & Attendance. Attorney Wilson is accredited with the VA to apply for Aid & Attendance benefits.
The year was 1983: The U.S. invaded Granada. A gallon of gas cost 96 cents. Michael Jackson’s ‘Thriller’ video premiered. That year was also the last time that Social Security recipients saw a cost-of-living increase steeper than the one just announced for 2022. This year, Social Security benefits will increase by 5.9 percent, the sharpest…
Many families mistakenly believe that receiving an inherited property is as simple as listening to a reading of the Will and then that property magically belongs to you and you can do whatever you want with it. Sorry to burst that bubble, but a reading of the will is not a real thing – that’s…
Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one for them. During Medicare’s Open Enrollment Period, which runs from October 15 to December 7, beneficiaries can freely enroll in or switch plans. During this period, you may enroll in a…
FALSE FACT FRIDAY IS BACK! “If I Give My Assets Away, I Have to Live for At Least Five Years” Part of my estate planning practice includes asset protection planning. Many of my clients are interested in protecting their assets for their children. They know, either through personal experience or their own research, that the…
Reports of elder financial abuse continue to increase, and the elderly are particularly vulnerable to scams or to financial abuse by family members in need of money. It is hard to ascertain the exact numbers of people affected by elder abuse because studies show that elder abuse is underreported. However, one study found that financial loss from financial elder…
As COVID-19 cases start to rise again due to the highly contagious Delta variant, nursing homes are considering requiring staff members to be vaccinated. Only 59 percent of nursing home staff are partially or fully vaccinated nationwide, and the percentages are much lower in some states. While 81 percent of nursing home residents are fully…
Attorney Joan Reed Wilson, the managing partner of RWC, LLC Attorneys and Counselors at Law, has been appointed to the Task Force To Study Ways To Protect Senior Citizens From Fraud, by Speaker of The House, Matthew Ritter. Attorney Wilson was recommended by representative Quentin Phipps, who currently serves as the co-chair of the aging…
Most adult children feel the need and responsibility to take care of their aging parents if they become unable to care for themselves. Family caregivers are often unpaid, which seems fine initially, but this role can become more difficult as time goes by. If the parent’s needs cause the child to miss work or have…
In December 2018, the Social Security Administration (SSA) had a nasty surprise for Laura Marshall (not her real name), a 74-year-old woman just scraping by in senior citizen housing in New York City’s Harlem neighborhood. The agency demanded that she repay more than $10,000 in benefits, claiming that she owned two properties — one in…
The federal government has expanded access to protections for spouses of reverse mortgage holders who are not named in the loan document, allowing more such spouses the ability to stay in their home if the borrowing spouse dies or moves to a care facility. Reverse Mortgage Protection Prior To 2014 A reverse mortgage allows homeowners…
RELEASE: Connecticut’s elder law attorneys group elects new leadership The Connecticut chapter of the National Academy of Elder Law Attorneys (CT-NAELA) announced that new members have been elected to key leadership posts. Attorney Joan Reed Wilson, the managing partner of RWC, LLC Attorneys and Counselors at Law, has been selected as president-elect. Who Is Attorney…
President Biden has introduced a plan to spend $400 billion over eight years on home health care and community-based care for the elderly and people with disabilities. The money would go to expand access to care and support higher-paying caregiving jobs. As the elderly population grows, our long-term care system is becoming increasingly strained. The AARP found…
Today’s video talks about the language of a statutory power of attorney document and the limitations it has when it comes “self dealing”. Essentially, your Power of attorney may not have the ability to transfer assets to themselves. This becomes a problem when you have a couple who are each other’s POAs. I hope this…
WILSON’S UNABRIDGED DICTIONARY: THE ALPHABET SOUP OF THE MEDICARE SAVINGS PROGRAM Estate Planning Attorneys are known for loving acronyms. We like to shorten the names of the tools we use and sometimes throw the terms around, forgetting that not everyone speaks Alphabet Soup. POA, HCD, SNT, QTIP, QPRT, ILIT are just some of the terms…
What is Sundowning? For many people living with Alzheimer’s and other forms of dementia, late afternoon and early evening hours may prove to be the most difficult, Therefore, the term “sundowning”. When the sun begins to go down, confusion, agitation, and anxiety begin to set in. There is no known cause for sundowning, nor is…
What Is a Green Burial? Cemeteries, burial grounds, and preserves can be considered green if they meet certain criteria: Caring for the dead with a minimal environmental impact Contributing to the conservation of natural resources Reduction of carbon emissions Protection of worker health Restoration and/or preservation of the habitat Use of non-toxic and biodegradable materials,…
When Can You Apply For Social Security Retirement Benefits? The full retirement age (or “normal” retirement age) is currently 66, however, you can start collecting your social security retirement benefits as early as age 62. You won’t get the full amount you would be entitled to at your full retirement age, but under certain circumstances,…
Myths and Misconceptions Vlog #3: I Can Gift $15,000 Per Year Without Penalty While many people are familiar with the gift tax exemption, it is often mixed up with the Medicaid five-year look-back rules. Watch the video below for the full explanation by attorney Joan Reed Wilson: Previously recorded If you are having trouble viewing…
What Is a Conservatorship? Conservatorship in Connecticut means that the Court appoints a person or organization to manage the life of another adult. There are Voluntary and Involuntary conservatorships. We will discuss Voluntary Conservatorships in a subsequent article. This article discusses Involuntary Conservatorship. In an Involuntary Conservatorship, the adult being conserved has to be deemed…
It’s understandable that some people think that if the assets are under a different name, they are no longer considered yours. While that is true in most cases, Medicaid has slightly different rules.
So don’t put “transfer assets to spouse” on your to-do list just yet. Watch the video below and let Attorney Joan Wilson explain why.
COVID-19 Vaccine – What To Expect? Supply of the COVID-19 vaccine in the United States is expected to be pretty limited in the beginning, so the CDC (Center for Disease Control) has provided recommendations to federal, state, and local governments about who should get the vaccination first. CDC’s recommendations are based on the Advisory Committee…
On January 23, 2015, the Department of Veteran Affairs proposed a Veteran’s Benefits Eligibility Rule Change – RIN 2900-AO73, Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits, a rule that would, among other things, impose a 3-year look back for transfers of assets, including gifts to persons, trusts or purchases of annuities, deny…
MYTH 1: “Medicare Will Pay for Long-Term Care such as an Assisted Living Community or and Nursing Home.”
What Is Elder Law? Before we dive into the many reasons you need an Elder Law Attorney, let’s first touch base on what Elder Law is. Elder law refers to numerous legal issues specifically affecting elderly people. With age, many issues may surface, from declining health to financial burdens. Seniors face complex legal concerns that…
Can you gift $10,000 a year without a penalty? For tax purposes yes, with the Gift Tax Exclusion. With the holidays around the corner and the end of the year fast approaching, many of you may be thinking about making gifts for your children and grandchildren. If you want to avoid paying a gift…
According to the Centers for Disease Control and Prevention (CDC), older adults and people who have severe chronic medical conditions like lung, heart, or kidney disease seem to be at a higher risk for contracting COVID more serious COVID-19 illness. This means that most people with Medicare are at higher risk. According to a Wall…
As part of our elder law and long-term care planning practice, we often recommend a reverse mortgage to our clients. And we are often met with resistance. One of the most common misconceptions about reserve mortgages is that if someone obtains this type of mortgage, all hope of ever having any equity to pass to…
Attorney Joan Wilson Elected Vice President of National Academy of Elder Law Attorneys RWC, LLC, Attorneys and Counselors at Law is pleased to announce that Attorney Joan Wilson was elected Vice-President of the CT Chapter of the National Academy of Elder Law Attorneys (“NAELA”). Attorney Wilson has been a member of NAELA for 15 years…
FALSE FACTS FRIDAY Issue 11: “I’m Happy with My Medicare Plan, So I Don’t Have to Review It for Next Year.” The Medicare Annual Enrollment Period (“AEP”) began in October 15th and extends until December 7. AEP is the time that Medicare recipients can review and change their Medicare plan if they should choose to…
What is a DNR? “DNR” stands for Do Not Resuscitate and means that if you stop breathing, you will not be resuscitated. Most, otherwise healthy people, would want to be resuscitated if they collapsed and stopped breathing, for example, if they had a heart attack. Those who are terminally ill and are suffering may choose…
The Fall of 2017 brought uncertainty to the Medicare Savings Programs (MSP) in Connecticut when they were unexpectedly slashed by the state budget. After several months of negotiations, a bipartisan effort was able to revive the program that affects so many seniors. What Is Medicare Savings Programs? The Medicare Savings Programs in Connecticut are benefits…
FALSE FACT Vol. 1, Issue 1: If you don’t protect your money, the State will take it. This is probably the most common “inaccurate” statement that I hear in my elder law practice. We do help clients protect their assets, but not because the State will take them if you don’t protect them. Welcome to…
Medicare Advantage Plans Update Earlier this month, the Centers for Medicare & Medicaid Services (CMS) announced that beginning in 2019, Medicare Advantage plans will cover supplemental non-skilled home benefits that include daily maintenance. This is the first time that CMA has allowed a service that covers daily maintenance to be eligible as a supplemental benefit.…
The Veteran’s Aid and Attendance (A&A) Pension provides Veterans benefits for qualified veterans and their surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing, and undressing or taking care of the needs of personal hygiene (known as Activities of Daily Living). This could include home care or care…