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RAPHAN LAW
PARTNERS, LLP
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When Is A Guardian Required for an Adult?

Brian A. Raphan, Esq.

Apr 12, 2016
4 min

When Is A Guardian Required for an Adult?

Guardianships are set up to protect and help people in need, such as an elder or loved one unable to care for their own financial or health related well being. When is it required? What is the process? When is a Guardianship Required For An Adult? It may be necessary to petition a court to appoint a legal guardian for persons: Who have a physical or mental problem that prevents them from taking care of their own basic needs; Who as a result are in danger of substantial harm;

Free Downloads: Easy to read elder guides for families and seniors.

Brian A. Raphan, Esq.

Mar 19, 2016
1 min

Free Downloads: Easy to read elder guides for families and seniors.

Probate, Estate Planning, Healthcare Proxies, Medicaid Planning, etc. Get informed and find many of the answers to your existing questions in these guides. Download and save as reference for free. Additional helpful articles> Nursing Home Agreements: “Should You Sign a Nursing Home Admission Agreement?” Gifting: “Should You Gift your home to your children?” POA: “Family Feuds over Power of Attorney” #elderlaw #assetprotection #estateplanning #eldercare #medicaid

Medicaid Applicant’s Irrevocable Trust Is an Available Resource Because Trustee Can Make Distr

Brian A. Raphan, Esq.

Feb 2, 2016
1 min

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 discretion to make payments under the trust. Alabama Medicaid Agency v. Hardy (Ala. Civ. App., No. 2140565, Jan. 29, 2016). Denise Hardy inherited a one-half interest in a house and placed it in an irrevocable trust. The trust instrument stated that the trustee could distribute income to Ms. Hardy at the trustee’s discretion and that the trust was in

Maybe it’s time for a geriatric care manager

Brian A. Raphan, Esq.

Oct 15, 2014
3 min

Maybe it’s time for a geriatric care manager

Why do we hear so much about geriatric care management these days? It’s because there are so many benefits they can provide to seniors and care givers. Let’s first clarify the term: A professional Geriatric Care Manager (GCM) is a health and human services specialist who helps families who are caring for older relatives. The GCM is trained and experienced in any of several fields related to care management, including nursing, gerontology, social work, psychology, and logistic

Can you sue for Bedsores or Pressure Sores?

Brian A. Raphan, Esq.

Sep 17, 2014
4 min

Can you sue for Bedsores or Pressure Sores?

2/22/2018 Law Firm added Free Booklet Bedsores should not happen while in a nursing home or hospital. Often they are due to neglect and negligence. Bedsores, Pressure Sores or Decubitis Ulcers are not the fault of the patient. At a hospital or nursing home there are federal laws in place to protect patients and assure they get the proper care. When these standards of care are not used sores can develop. Simple duties like turning an immobile patent frequently to relieve press

Court Ruling: Transfers Made Years Before Needing Care Were Not Made in Order to Qualify for Medicai

Brian A. Raphan, Esq.

Jul 15, 2014
2 min

Court Ruling: Transfers Made Years Before Needing Care Were Not Made in Order to Qualify for Medicai

Doing Medicaid Planning for clients, I often get asked the question: “How does medicaid determine if my gifts were made to qualify for medicaid or not?” Saavy clients have a long history of gifting to show a pattern meant for gifting not medicaid spend down. This recent decision should be of interest. http://www.raphanlaw.com A New York appeals court holds that a Medicaid applicant who transferred funds several years before needing long-term care and kept enough resources to

Heir Liable for Reimbursement of Mother’s Medicaid Expenses

Brian A. Raphan, Esq.

Jul 8, 2014
2 min

Heir Liable for Reimbursement of Mother’s Medicaid Expenses

Medi-Cal (Medicaid) recipient Merver Mays died, leaving her house as her only asset. Ms. Mays’ daughter, Betty Bedford, petitioned the court to be appointed administrator of the estate, but she was never formally appointed because she didn’t pay the surety bond. The state filed a creditor’s claim against the estate for reimbursement of Medi-Cal expenses, and the court determined the claim was valid. A dispute arose between Ms. Bedford and her brother, Roy Flemons, over owner

Judge: Casey Kasem’s daughter in charge of care

Brian A. Raphan, Esq.

Jun 11, 2014
2 min

Judge: Casey Kasem’s daughter in charge of care

The Associated Press PORT ORCHARD, Wash. (AP) — A Washington state judge on Friday said Casey Kasem’s daughter, not her stepmother, is in charge of the medical care for the 82-year-old radio personality, who remains in critical condition with an infected bedsore. However, all members of Kasem’s family can visit him at the hospital — just not at the me time, Kitsap County Superior Court Judge Jennifer Forbes ruled. Kasem has been receiving intravenous antibiotics and other car

Hold on…Should you sign that Nursing Home Admissions Agreement??? Not so fast…

Brian A. Raphan, Esq.

Dec 17, 2013
3 min

Hold on…Should you sign that Nursing Home Admissions Agreement??? Not so fast…

“Read the agreement carefully before signing. Nursing Home Agreements can be complicated and confusing” Admitting a loved one to a nursing home can be very stressful. In addition to dealing with a sick family member and managing all the details involved with the move, you must decide whether to sign all the papers the nursing home is giving you. Nursing home admission agreements can be complicated and confusing, so what do you do? It is important not to rush, but rather to re

RAPHAN LAW
PARTNERSLLP

RAPHAN LAW
PARTNERS, LLP
• BLOG •

Important news for seniors and their families

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RAPHAN LAW PARTNERSLLP

RAPHAN LAW PARTNERS, LLP • BLOG •

Important news for seniors and their families

Contact Us >

RAPHAN LAW
PARTNERSLLP

RAPHAN LAW
PARTNERS, LLP
• BLOG •