Brian A. Raphan, Esq.
Should My Parents Give Me Their Home?
Many parents wonder if it is a good idea to give their home to their children. The children may be the first to say 'yes!' While it is...
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Brian A. Raphan, Esq.
Feb 4, 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.
Nov 4, 20152 min read
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal M
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal Malpractice A Massachusetts appeals...
Brian A. Raphan, Esq.
Oct 28, 20152 min read
What’s the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both programs provide health coverage,...
Brian A. Raphan, Esq.
Oct 16, 20151 min read
Medicaid Spousal Impoverishment Numbers Likely to Be Unchanged for 2016
With the just-announced September 2015 Consumer Price Index for All Urban Consumers (CPI-U) actually lower than the comparable figure in...
Brian A. Raphan, Esq.
Sep 10, 20154 min read
How to Manage Higher Health Insurance Costs in 2016
There are ways to mitigate the effects of cost increases. Via US NEWS & WORLD REPORT By Elizabeth Renter Aug. 5, 2015 If you have health...
Brian A. Raphan, Esq.
Jun 30, 20152 min read
Appeals Court Upholds Class Certification of Nursing Home Residents Seeking Community-Based Alternat
A U.S. Court of Appeals upholds a district court ruling that granted class certification to a group of disabled nursing home residents...
Brian A. Raphan, Esq.
Jun 6, 20151 min read
Medicaid Recipient Cannot Bring Claim to Require State to Deduct Guardianship Fees
NEW YORK: The U.S. Court of Appeals for the Second Circuit holds that a Medicaid recipient who is under guardianship cannot bring a §...
Brian A. Raphan, Esq.
Jun 3, 20151 min read
SOL Prevents Family From Enforcing Promissory Note Against Mother’s Estate
Reversing a lower court, a Kansas appeals court rules that a Medicaid recipient’s family cannot enforce a promissory note against her...
Brian A. Raphan, Esq.
Apr 17, 20152 min read
State Not Required to Treat Medicaid Applicant’s Multiple Transfers as One Transaction
A Kentucky appeals court rules that a Medicaid applicant’s penalty period is appropriate because the state is not required to treat...
Brian A. Raphan, Esq.
Feb 5, 20153 min read
Some Potential Problems With SSA’s New Trust Guide
As previously reported, the Social Security Administration (SSA) recently instituted a nationally uniform procedure for review of special...
Brian A. Raphan, Esq.
Jan 28, 20153 min read
To Collect Debts, Nursing Homes Are Seizing Control Over Patients
The need to protect your assets is always at hand. Planning for long-term care with an elder law attorney can help protect your assets...
Brian A. Raphan, Esq.
Jan 22, 20152 min read
Can I Give My Kids $14,000 a Year?
If you have it to give, you certainly can, but there may be consequences should you apply for Medicaid long-term care coverage within...
Brian A. Raphan, Esq.
Jan 13, 20151 min read
2015 Spousal Impoverishment and Home Equity Figures:
The Centers for Medicare and Medicaid Services has released its Spousal Impoverishment Standards for 2015. The official spousal...
Brian A. Raphan, Esq.
Jan 10, 20152 min read
Lack of Personal Care Agreement Makes Reimbursements to Relatives an Improper Transfer
Reversing a trial court, a Louisiana appeals court determines that a nursing home resident improperly transferred close to $50,000 to his...
Brian A. Raphan, Esq.
Dec 23, 20141 min read
Medicaid Update: 2015 Medicaid Income and Resource Levels
The New York State Department of Health has released important information about the new Medicaid income and resource levels for 2015,...
Brian A. Raphan, Esq.
Dec 19, 20143 min read
5 Tips for Arranging and Paying for a Home Health Aide:
-By Emily Garnett, Associate Attorney at Brian A. Raphan, P.C. Finding oneself or a family member in need of home care can be a tough...
Brian A. Raphan, Esq.
Dec 3, 20142 min read
WHY IRREVOCABLE TRUSTS VS OUTRIGHTÂ GIFTING
So, why complicate things with a trust? Why not just keep the planning as simple and inexpensive as possible? The short answer is that...
Brian A. Raphan, Esq.
Dec 2, 20142 min read
What Happens to a Medicaid Recipient If the Spouse at Home Dies First?
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is...
Important news for seniors and their families
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