Elder Law Section
By CARMINE PERRI
Admission into a nursing facility exposes residents, family members, and friends to potential liability for any purported debt owed to the nursing facility. The following two developments over the past year will affect the prosecution and defense of nursing facility collection actions: (1) the passing into law of a statutory cause of action for nursing facilities and (2) the case of Aaron Manor v. Irving.
STEPHEN O. ALLAIRE
Life insurance is one of those overlooked items that often trips up people who have applied to get Medicaid (Title 19) either for nursing home care or home care. That is because life insurance is subject to special rules and in many cases the policy will count as an asset to put someone over the $1,600 limit for Medicaid. This rule does not include term life insurance because it has no cash value.
By STEVEN L. RUBIN
While technology and better health care is helping people live longer and fuller lives, the downside is that more and more seniors will require some form of nursing home, assisted living or home health care to meet their needs as they age.
By MARILYN TOLAND
The average cost of nursing home care in Connecticut is more than $11,500 per month. Long-term care can be provided in an assisted living facility for approximately half that cost. Services provided in a person's home are usually even less expensive.
By MARGARET MURPHY
Over the past few years, the Center for Medicare Advocacy has seen a major increase in the calls related to Medicare beneficiaries who have been in the hospital for three days or longer and have been denied subsequent Medicare coverage of their nursing home care.
By SHARON L. POPE and CLAUDIA W. ENGLISBY
There were several key issues that affected elder law in 2013. The first issue is a follow-up from the 2010 decision in the landmark case of Lopes v. Starkowski, No. 3:10-cv-3073010, 2010 US Dist. LEXUS 80829, at 4 (D. Conn. Aug. 11, 2010). The next issues are related to the Improvement Standard for Medicare and the observation status for Medicare.
By MARY HOYT
With the start of 2014 and tax season already underway, now is a good time for people to once again consider the impact that tax law changes will have on their personal financial future. In particular, for those with estate plans in place and funded trusts, now is the time to develop and implement tax savings strategies.
By SUZANNE BROWN WALSH
A majority of the elderly now use the Internet and many have online access to their financial accounts. Most agreements governing online accounts ignore death and incapacity altogether, or worse, provide for automatic account termination if either occurs. This means agents, conservators, trustees and even personal representatives are often hampered when attempting to marshal and manage digital assets.
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