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Careful…Gifting To Family Can Affect Medicaid Eligibility
Any transfer that you make, however nominal, may be scrutinized. - Matthew S. Raphan, Esq.
Brian A. Raphan, Esq.
Jun 17, 20182 min read
“My mom is in a nursing home and I noticed some bruises and sores. I think they are bed sores—what s
Bed sores are often a sign of neglect and sometimes a sign of abuse. The first thing you should do is speak to a nurse on duty and begin...
Brian A. Raphan, Esq.
Feb 27, 20181 min read
Benefits for Older New Yorkers
Many public programs are available to seniors in need. The New York City Department for the Aging (DFTA) provides a guide to benefits...
Brian A. Raphan, Esq.
Dec 30, 20171 min read
New Protections for Nursing Home Residents
New Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give...
Brian A. Raphan, Esq.
Jul 18, 20172 min read
Free Services for Seniors or Their Caregivers
Below are 19 Free Services that can come in handy. Via AgingCare.com BY TONY ROVERE Most seniors these days are living on limited incomes...
Brian A. Raphan, Esq.
Jul 6, 201711 min read
What are the advantages of a PrePlan — pre-paying funeral expenses?
There are many advantages. Both financial and practical. On the financial side, New York State allows an individual applying for Medicaid...
Brian A. Raphan, Esq.
Jun 4, 20172 min read
Can You Transfer Assets Using Medicaid’s Disability Transfer Exception?
The Medicaid exception refers to a transfer to a special needs trust (also called supplemental needs trust). Even after moving to a nursing
Brian A. Raphan, Esq.
May 18, 20171 min read
Steps to Prevent a Contested Will
Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn’t receive)...
Brian A. Raphan, Esq.
Mar 7, 20173 min read
Top 10 Elder Law decisions of 2016
Below, in chronological order, is ElderLawAnswers’ annual roundup of the top 10 elder law decisions for the year just ended, as measured...
Brian A. Raphan, Esq.
Feb 9, 20173 min read
Will Gifting a Car Cause a Medicaid Penalty Period?
The answer is probably “yes,” but it depends on the circumstances. Are we talking about a 10-year-old Toyota Corolla or a brand new...
Brian A. Raphan, Esq.
Jan 4, 20171 min read
Revoking a Power of Attorney
If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you...
Brian A. Raphan, Esq.
Sep 28, 20161 min read
NY Court Rules that Community Spouse’s Refusal to Contribute to Care Creates Implied Contract to Rep
http://www.raphanlaw.com A New York trial court enters judgment against a woman who refused to contribute to her spouse’s nursing home...
Brian A. Raphan, Esq.
Aug 23, 20161 min read
Will Drafter’s Failures Don’t Help Undue Influencer’s Case
A New York trial court determines that an incapacitated woman was unduly influenced by her agent under a power of attorney, noting that...
Brian A. Raphan, Esq.
Jul 26, 20162 min read
How does a Health Care Proxy work?
A Health Care Proxy is someone you appoint to make health related decisions for you, in the event you can not. Who decides that I’m not...
Brian A. Raphan, Esq.
Jul 13, 20163 min read
You were appointed Executor…Now what?
Being the executor of an estate is not a task to take lightly. An executor is the person responsible for managing the administration of a...
Brian A. Raphan, Esq.
Jul 6, 20163 min read
Payments to Caregiver Subject Medicaid Applicant to Penalty Period
Reversing a lower court, a Michigan appeals court rules that under state regulations a Medicaid applicant’s payments to a non-relative...
Brian A. Raphan, Esq.
May 4, 20162 min read
8 Things Seniors Should Remember at Tax Time
April 15th is approaching and it is time to begin crossing T’s and dotting I’s in preparation for paying taxes. As tax time draws near,...
Brian A. Raphan, Esq.
Mar 11, 20163 min read
Protecting Your House from Medicaid Estate Recovery
After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s...
Brian A. Raphan, Esq.
Feb 4, 20163 min read
Medicaid Applicant’s Irrevocable Trust Is an Available Resource Because Trustee Can Make Distr
An Alabama appeals court rules that a Medicaid applicant’s special needs trust is an available resource because the trustee had...
Brian A. Raphan, Esq.
Feb 2, 20161 min read
Seeking long-term care? How your local Ombudsman can help…
OMBUDSMAN: What is the Program/Service Via www.aging.ny.gov Educating, empowering and advocating for long-term care residents. The...
Brian A. Raphan, Esq.
Nov 10, 20152 min read
Important news for seniors and their families
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