Elder law, one of our main practice areas, is an area of law that focuses on the needs of the elderly population and the issues that affect them. The purpose of elder law is to prepare seniors for financial stability through proper financial and estate planning, as well as preparing for long-term care.
Our Elder Law services include such necessities as:
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.
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.
Still not sure if you need Elder Law Attorney?
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.
The ABC’s of MSP, QMB, SLMB and ALMB March 1, 2023 is the date when the Medicare Savings Program (“MSP”) income thresholds are updated. The figures are based on the federal poverty guidelines, which are adjusted every January based on inflation. Each State manages its own MSP standards. In Connecticut, you are eligible for MSP…
We have everything you need to know right here! With this insightful breakdown by Elder Law Attorney Joan Reed Wilson, understand how the latest estate planning and elder law updates of 2023 will affect you. For those who enjoy numbers over words, this article is for you. For those who don’t, read slowly! Gift Tax…
November has been designated “National Family Caregivers” month to raise awareness of caregiving issues, educate the community, recognize family caregivers, and increase support for caregivers. In our practice (and in my own family), we see many families who are supporting an aging loved one. It’s what people do, especially for a parent or others who…
Let me tell you about my Law Firm internship, the summer before I started my legal education journey. I decided that I wanted to further gain knowledge and understanding from a real-world professional. While I had little experience in the legal field, I was able to connect with Attorney Joan Reed Wilson, of Reed Wilson…
History Lesson: How Did Connecticut Become The Constitution State The U.S. Constitution has been in the news a lot lately with two recent U. S. Supreme Court cases discussing the Second and Fourteenth Amendments. At the very same, the U. S. Congress was voting on legislation related to one of the cases. As most people…
Is the CSPA Connecticut’s Chapter of the ASPCA? Not exactly. So what is the CSPA and why am I writing about it anyway? CSPA stands for the Community Spouse Protected Amount and the reason my blog focuses on it this month is because the minimum CSPA in Connecticut has been increased to $50,000 effective July…
If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum retroactive payments option that’s worth six months of benefits. However, it comes at a cost. It is important to understand the details before agreeing to the payment. If you have waited beyond your full retirement age (66 for those…
When a married couple applies for Medicaid, the Medicaid agency must analyze the couple’s income and assets as of a particular date to determine eligibility. The date that the agency chooses for this analysis is called the “snapshot” date and it can have a major impact on a couple’s financial future. Medicaid Eligibility for Couples…
To leave a nursing home and return home is a goal for many residents and their families, but it requires careful consideration. While returning home is a good move for some, it won’t work for everyone. A nursing home stay does not have to be permanent. Many residents enter a facility temporarily to recover from…
Given the current seller’s market and tax time right around the corner, I thought it would be helpful to bring back an article that I posted three years ago about how capital gains relate to real estate sales, but this time with a twist! Does The Capital Gains Tax Law Still Exist? How many of…
The Biden administration has announced far-reaching nursing home reforms, targeting staffing and accountability at facilities with deficient care. Advocates are calling the proposals, which include the first-ever federal minimum staffing levels, the most significant reforms in decades. Why Is Nursing Home Reform Necessary? Nursing homes have been plagued by chronic understaffing and high turnover rates…
Working seniors without dependents may qualify for the earned income tax credit when they file their 2021 tax returns. The tax credit assists those with low incomes but was previously primarily available to people with young children. How Will The Earned Income Tax Credit Benefit Seniors? If you file taxes and your earned income is…
Recently I had the honor of serving as the co-chair of the Legislative Task Force to Study Ways to Protect Senior Citizens from Fraud. The Task Force was created pursuant to a bill enacted by the Connecticut legislature in 2021 and was comprised of ten individuals appointed by various legislative leaders. Besides myself, the members…
Americans’ ability to quickly and easily test for Covid-19 is one of the most important tools for stopping the infection’s spread, unfortunately, Medicare is still behind the ball. This is why the Biden administration recently announced it is requiring private insurers to cover the cost of up to eight rapid at-home Covid tests a month…
Most couples have what I call “I Love You” Wills, which state that all of their assets pass to the surviving spouse. Moreover, many couples own all of their assets jointly, so the assets pass to the surviving joint owner even without a Will. This is usually the outcome that couples want, but there are…
Medicare premiums are rising sharply next year, cutting into the large Social Security cost-of-living increase. The basic monthly premium will jump 15.5%, or $21.60, from $148.50 to $170.10 a month. The Centers for Medicare and Medicaid Services (CMS) announced the premium and other Medicare costs increased on November 12, 2021. The steep hike is attributed…
When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level of care typically provided in a nursing home. Whether you are applying for nursing home coverage or through a Medicaid waiver program for coverage at home, you must meet the level-of-care…
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…