Posted on July 16, 2019 by Hawkins Elder Law.

Medicaid application trial and error creates big problems for nursing home residents. Unfortunately, it is a common practice that creates financial nightmares for nursing home residents’ families. This article explains common Medicaid application problems and suggests when people should seek professional help from experienced elder law attorneys. Medicaid Application Trial and Error – Repetition Doesn’t […]

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Need-Based VA Pension Rules Change October 2018

Posted on October 2, 2018 by Hawkins Elder Law.

The US Department of Veterans Affairs (the VA) published a new final rule on September 18, 2018. The new rule radically alters eligibility requirements for need-based VA pensions.  This article summarizes and explains new need-based VA pension eligibility requirements that take effect on October 18, 2018. Affected Veterans & Family Members The revised pension requirements […]

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Medicaid 5-Year Lookback Q & A

Posted on by Hawkins Elder Law.

We received a question through about Medicaid eligibility, transfer penalties, and the 5-year lookback period. This article restates the Medicaid eligibility question without identifying the inquiring person and shows the typical response that we give to these questions.

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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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Financial Protection When Your Spouse Needs Nursing Home Care – Part 2

Posted on September 4, 2016 by Hawkins Elder Law.

This article concludes a two-part series about state and federal law can save a nursing home resident’s spouse from poverty, and how an experienced elder law attorney can help the spouse increase the amount of assets that can be saved from expensive long-term care. In first article, we described the Medicare Catastrophic Coverage Act (MCCA) […]

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Can I Give Money to My Family?

Posted on August 4, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Clients and people that attend our estate planning presentations during our tours around Southern Indiana often ask whether they can give money to their family members. A common version of the question is, “Is it true that I can give $10,000 (or slightly larger value) […]

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My Spouse Is in a Nursing Home – Will I Lose Everything?

Posted on February 28, 2016 by Hawkins Elder Law.

The State of Indiana has published that Indiana nursing home care costs an average of more than $71,000 per year. Fortunately, federal law protects most spouses of nursing home residents from impoverishment. Here are some Indiana’s spousal impoverishment rule features: The Spousal Impoverishment Protection Law applies for nursing home admissions occurring on or after September […]

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Myths and Misconceptions about Medicare and Indiana Medicaid

Posted on February 12, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] We have written articles about estate planning and long-term care for more than a decade to debunk myths and misconceptions that may lead people into unnecessary problems. This article addresses some of those myths and misconceptions about Indiana Medicaid for the elderly. Permitted Annual Gifts. […]

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Happy (Paper) Trails – Good Reasons to Stop Using Cash

Posted on December 31, 2015 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] All of our ancestors conducted business by paying with cash. When we were younger, our parents told us that it was irresponsible to live without carrying substantial amounts of cash. Those beliefs may have been valid in the past, but doing business without keeping a […]

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