Does a Nursing Home Take Everything When You Need Nursing Home Care?

Posted on May 29, 2018 by Hawkins Elder Law.

We have heard variations of the myth over the years: “A nursing home will  take everything.” Savvy people rely on facts, not myths, and prepare for nursing home care before a health crisis strikes. Those people use the facts and laws to plan ahead and protect property and savings lawfully and legitimately. This article presents the facts. It also […]

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Spendthrift, Special Needs, “Miller” & Other Protective Trusts

Posted on January 12, 2018 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Trusts are tools that estate planning lawyers use to solve or avoid money management and property management problems for clients. Protective trusts protect assets from problems plaguing the trusts’ beneficiaries. Protective trusts are increasingly common as lawyers and clients focus on solving problems that do not necessarily […]

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Centers for Medicare & Medicaid Services Innovation Center Seeks Crowd-Sourced Ideas and Feedback

Posted on October 5, 2017 by Hawkins Elder Law.

The Centers for Medicare & Medicaid Services (CMS) Innovation Center (Innovation Center) is seeking public feedback in its MAX Survey to help fulfill its mission of “fostering an affordable, accessible healthcare system that puts patients first.” The Innovation Center wants fresh ideas about how CMS should “promote patient-centered care and test market-driven reforms that empower […]

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Funeral Planning – A Surprisingly Complex Subject

Posted on October 2, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Concerns about burdening surviving family members with headaches and expenses lead many retirees to think about funeral pre-planning. If you pay attention to life insurance television ads targeted at retirees, you can see several life insurance sales pitches that prey upon those concerns. Like many […]

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Senate Proposal to Repeal “Obama Care” – Good for Some, but Terrible for Nursing Home Residents

Posted on June 28, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] This week, the United States Senate is considering a 145-page Republican proposal called the “Better Care Reconciliation Act of 2017” that includes provisions to repeal “Obama Care.” The Senate Republican Policy Committee has published a section-by-section summary of the proposal. The proposal is full of […]

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Spouses of Nursing Home Residents: Avoid These Medicaid Traps!

Posted on June 25, 2017 by Hawkins Elder Law.

The financial pitfalls facing a married couple when one spouse requires nursing home care are wide, deep, and surprisingly hidden. The emotional pain of a married person’s admission of his or her spouse to a nursing home rivals the painful experience of a spouse’s death. Unfortunately, critical financial decisions rush toward the healthier spouse like […]

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Getting Married? Get A Prenuptial Agreement First!

Posted on April 18, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] What comes to mind when you think of a prenuptial agreement? If you are like most people, you probably think about wealthy celebrities protecting their wealth from divorce. You may also think that a person would have to be a greedy, heartless jerk to ask […]

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Medicaid Alternatives for Aged and Disabled Adults

Posted on December 4, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] The Medicaid system is maturing and showing promise of improving nursing home alternatives compared to the few meaningful alternatives to nursing home care that existed when we began our elder law career almost quarter century ago. Back then, almost every dementia or stroke patient had […]

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Life Insurance, Funeral Expenses, & Medicaid

Posted on November 27, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] There is an old saying that, “the two certainties in life are death and taxes.” Those certainties used to inspire life insurance purchases to provide money for funeral expenses and “death taxes.” Today, increased estate tax exemption and the Indiana inheritance tax repeal have eliminated […]

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When Is Cash Business Criminal?

Posted on November 19, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Pop quiz: Which of the following business transactions could involve criminal behavior? Your restaurant customer pays the tab in cash and leaves a cash tip on the table. The next door neighbor gives your child a $10 bill to shovel snow. You clean a friend’s […]

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