Generated by All in One SEO Pro v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # Hawkins Elder Law PC Asset Protection & Estate Planning Counsel – Nursing Home Medicaid Solutions; – Experienced Guides for Peace of Mind ## Sitemaps - [XML Sitemap](https://www.hawkinselderlaw.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Hawkins Elder Law Blog](https://www.hawkinselderlaw.com/blog/) - [MARRIED IRA OWNERS SHOULD UPDATE ESTATE PLANS](https://www.hawkinselderlaw.com/married-ira-owners-should-update-estate-plans/) - Married IRA owners should update estate plans to address SECURE Act changes to IRA taxation and new Indiana Medicaid policy. This article explains why. - [Indiana Health Care Advance Directives](https://www.hawkinselderlaw.com/health-care-advance-directives/) - Indiana General Assembly gave us health care advance directives in 2021 legislation that was the first overhaul of Indiana’s health care consent laws in over 28 years. This article reviews some of the health care consent law’s features. One Advance Directive For All Health Care Decisions The Advance Directive law offers simplicity and flexibility in - [Our Healthcare Advance Directives Preference](https://www.hawkinselderlaw.com/our_healthcare_advance_directives_preference/) - #What's a living will’s purpose? Does it serve that purpose well? In this article, we’ll explain living wills and our healthcare advance directives preference. - [What Is The Indiana Long Term Care Insurance Program?](https://www.hawkinselderlaw.com/indiana-long-term-care-insurance/) - Long-term care (LTC) can become a significant issue for you or a loved one, as the cost of care can – and often does – consume a lot of assets. You cannot predict exactly what health care needs you may have in the future, but you can take steps to plan so that you do - [Mandatory Electronic Court Filing Coming to an Indiana Court Near You](https://www.hawkinselderlaw.com/mandatory-electronic-court-filing-coming-to-an-indiana-court-near-you/) - The Indiana Supreme Court has committed the Indiana judicial system to leap toward paperless record systems. A few Indiana counties established electronic case filing systems as pilot projects in 2015. Gradually, courts have transitioned from paper systems to mandatory electronic filing systems since 2015. Those counties that continue to use paper systems, must transition into - [Centers for Medicare & Medicaid Services Innovation Center Seeks Crowd-Sourced Ideas and Feedback](https://www.hawkinselderlaw.com/centers-for-medicare-medicaid-services-innovation-center-seeks-crowd-sourced-ideas-and-feedback/) - 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 - [Indiana LTC Partnership Program - a Powerful Nursing Home Cost Solution](https://www.hawkinselderlaw.com/indiana-ltc-partnership-program-a-powerful-nursing-home-cost-solution/) - Most responsible adults buy insurance to protect against risk. We buy auto insurance protection for liability and vehicle damage. We protect ourselves from expensive healthcare costs with health insurance. Likewise, we can also protect ourselves from expensive nursing home costs with long-term care insurance. Few financial risks justify insurance solutions more than nursing home costs. - [Child Care Delegation - Empowering the Village](https://www.hawkinselderlaw.com/child-care-delegation-empowering-the-village/) - Jesus once took a child into his arms while he was teaching and said, “If anyone causes one of these little ones—those who believe in me—to stumble, it would be better for them if a large millstone were hung around their neck and they were thrown into the sea.” The Bible, Mark 9:42 (NIV). Child - [Puny Powers of Attorney](https://www.hawkinselderlaw.com/puny-powers-of-attorney/) - Most people think of wills or trusts when they think of estate planning. However, powers of attorney are probably the most important estate planning documents that most people can have. A last will and testament is a good way to direct how people will distribute and receive your assets when you die, but if disability - [Are All Powers of Attorney Created Equal?](https://www.hawkinselderlaw.com/are-all-powers-of-attorney-created-equal/) - An audience member at one of our recent presentations about advance health care directives suggested that people should make powers of attorney and advance health care directives when they reach 50 years old or older. We responded that most people over 18 years of age should make powers of attorney and health care planning documents - [Power of Attorney - An Estate Plan’s Most Powerful Tool](https://www.hawkinselderlaw.com/power-of-attorney-an-estate-plans-most-powerful-tool/) - New clients often ask us to prepare wills and we prepare wills for most of our estate planning clients. We tell clients that wills are important to deal with the business of dying, but death is not usually the biggest issue. A debilitating stroke or other illness can make a power of attorney (often called - [Promissory Notes In Indiana Medicaid Planning](https://www.hawkinselderlaw.com/promissory-notes-medicaid-indiana/) - To get Medicaid benefits in Indiana, your income or assets cannot exceed the state's Medicaid limits. If you don't qualify because of having more assets than the state limits, you may have to pay out of pocket for your long-term care. Some people spend their assets on long-term care until they qualify, but there could - [Indiana’s Continuing Medicaid Crisis](https://www.hawkinselderlaw.com/indianas-continuing-medicaid-crisis/) - The changes are making life harder for people needing nursing home care or needing help staying at home. So, what’s behind Indiana’s continuing Medicaid crisis? - [Indiana’s Home Healthcare Crisis](https://www.hawkinselderlaw.com/indianas-home-healthcare-crisis/) - This Article describes Indiana’s home healthcare crisis and the difficult choices it’s forcing families to make. - [Benefits of Community Life for Seniors](https://www.hawkinselderlaw.com/benefits-of-community-life-for-seniors/) - Let's explore the downside of isolation on aging retirees and the benefits of community life for seniors through social and civic engagement. - [Updating Homeowner’s Insurance Coverage](https://www.hawkinselderlaw.com/updating-homeowners-insurance-coverage/) - This article explains the need for updating homeowner’s insurance coverage and issues you might have overlooked. - [Opening Online Accounts: Your Guide to Managing Finances](https://www.hawkinselderlaw.com/opening-online-accounts-your-guide-to-managing-finances-2/) - Whether it's shares of stock through CompuServe, life insurance policies, annuities, investments, or banking, online accounts make it easier for you. - [Spendthrift, Special Needs, “Miller” & Other Protective Trusts](https://www.hawkinselderlaw.com/spendthrift-special-needs-miller-other-protective-trusts/) - [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 - [POD AND TOD PITFALLS AND OPPORTUNITIES](https://www.hawkinselderlaw.com/pod-and-tod-pitfalls-and-opportunities/) - This Article explains POD and TOD pitfalls and opportunities - [JOINT TENANTS (JTEN) AND HIDDEN JTEN HEADACHES AND HEARTACHES](https://www.hawkinselderlaw.com/joint-tenants-jten-and-hidden-jten-headaches-and-heartaches/) - This article discusses why people make joint tenants with rights of survivorship (JTENa) accounts and some hidden JTEN headaches and heartaches. - [Elder Law Attorneys’ Medicaid Services: Knowledge and Ethics](https://www.hawkinselderlaw.com/elder-law-attorneys-medicaid-services-knowledge-and-ethics/) - This Article explains why people should seek elder law attorneys’ Medicaid services when their family members experience long-term health problems. - [Inflation, Interest, and Savings Bonds](https://www.hawkinselderlaw.com/inflation-interest-and-savings-bonds/) - We're discussing inflation, interest rates, and savings bonds in this article - [Convert to Digital Savings Bonds: It's Easy and Safe](https://www.hawkinselderlaw.com/convert-to-digital-savings-bonds-its-easy-and-safe/) - It's a smart move to convert to digital savings bonds. It makes managing your savings easier now and simplifies things for your family later. - [Organizing Records and Information for Estate Planning](https://www.hawkinselderlaw.com/organizing-records-and-information-for-estate-planning/) - Estate planning is an essential but complex process, encompassing various financial, legal, and personal decisions. Organizing records and information properly can make this process smoother and more efficient. This article offers tips and links to helpful checklists to prepare for estate planning. - [Buying Life Insurance For Children?](https://www.hawkinselderlaw.com/buying-life-insurance-for-children/) - Is children's life insurance a smart investment for your family? As we previously wrote in the Hawkins Elder Law Blog (https://www.hawkinselderlaw.com/why-should-you-buy-insurance/), a life policy is an important safety net for some people. However, this article explains why life insurance for children may be a poor investment. Life Insurance Purpose and Investment Performance Life Insurance Purpose - [You Should Contact a Lawyer When…](https://www.hawkinselderlaw.com/you-should-contact-a-lawyer-when/) - Folks ask us when they should contact us after we’ve helped them make or update their estate plans. So, when should you contact a lawyer? You should contact a lawyer when you encounter major life events. This Article explains why you should seek legal advice before buying or selling a home or business, upon the - [Why Should You Buy Insurance?](https://www.hawkinselderlaw.com/why-should-you-buy-insurance/) - Why buy insurance? What kinds of insurance do you need? This Article discusses homeowner’s, automobile, and life insurance and why you might need some. Homeowner’s Insurance Homeowner’s insurance protects homeowners against financial loss from damage to their property or liability claims made against them. The protection covers losses or damages caused by theft, fire, vandalism, - [What Assets Qualify You For Long Term Care Medicaid In Indiana?](https://www.hawkinselderlaw.com/asset-limits-medicaid-indiana/) - Indiana Medicaid may be able to cover your nursing home care, assisted living care, or in-home care. But your assets will play an essential role in whether Medicaid will cover these services. When you apply for Medicaid in Indiana, you must disclose your assets. If your assets exceed the state's asset limits, you may have - [Receiving Inheritance While Receiving Medicaid Long-Term Care Benefits In Indiana](https://www.hawkinselderlaw.com/inheritance-on-medicaid-indiana/) - So, you are on Medicaid and might receive an inheritance; what do you do next? You may need to report the inheritance to the Indiana agency that handles Medicaid. Inheritance As Income If you receive an inheritance in scheduled payments, Medicaid will treat each monthly payment as unearned income for that month, meaning income not - [How Does My Home Affect My Eligibility For Medicaid?](https://www.hawkinselderlaw.com/home-medicaid/) - Are you looking into applying for Medicaid in Indiana? Do you currently own a home? If you answered yes to both of these questions, this article explains your home's effect on your eligibility for Medicaid in Indiana. What Is A Lien? Typically, a lien gives you an interest in someone's property in response to their - [Can You Qualify For Long-Term Care Medicaid With Higher Income And Assets In Indiana?](https://www.hawkinselderlaw.com/qualify-for-medicaid-indiana/) - Indiana Medicaid has specific limits on who is eligible for coverage. Many people in Indiana feel that they fall outside these limits because they make too much money or have too many assets. However, due to the cost of long-term care, Medicaid is not something that can be overlooked. This article explains some misconceptions about - [Is Long-Term Care Medicaid Planning Right For You And Your Family? ](https://www.hawkinselderlaw.com/medicaid-long-term-care-planning/) - Are you concerned about your health care needs becoming a drag on your family? Are you worried that if you don't rely upon your family, you'll have to drain your assets to pay for your care? Being proactive and taking steps today to eliminate these concerns can greatly benefit you down the road. This article - [What Is The Look-Back Period For Long-Term Care Medicaid In Indiana?](https://www.hawkinselderlaw.com/medicaid-look-back-period-indiana/) - If you are thinking about applying for Medicaid, you may have heard about the look-back period. A look-back period could significantly harm your ability to receive Medicaid. If you want Medicaid to cover the cost of long-term care—such as nursing home care, assisted living care, or in-home care—it's essential to understand how the look-back period - [Inheriting A House With A Medicaid Lien In Indiana](https://www.hawkinselderlaw.com/medicaid-lien-in-indiana/) - A Medicaid lien on a Medicaid recipient's property works to reimburse the state for Medicaid benefits provided to the recipient, such as nursing home coverage. Even if a home is exempt while the recipient is alive, the home can become subject to the lien once the Medicaid recipient passes away. Right To Reimbursement Indiana has - [Indiana's Medicaid Estate Recovery Program](https://www.hawkinselderlaw.com/medicaid-estate-recovery-program/) - Paying for medical care can be a daunting task. Where will this money come from, and how are you supposed to be able to pay it? If you or a loved one are seeking to enter into a long-term care facility, you may qualify for Medicaid to reduce some of your expenses related to medical - [Indiana Medicaid Law In 2022](https://www.hawkinselderlaw.com/indiana-medicaid-law-in-2022/) - Did you know that Medicaid may be able to pay the nursing home bill for you or a loved one? Are you concerned about whether you or a loved one are eligible for Medicaid in Indiana? Here's a simple overview of a few of the programs through Medicaid that benefit pregnant women, children, the aged, - [Does My Income Disqualify Me From Medicaid Long-Term Care In Indiana?](https://www.hawkinselderlaw.com/medicaid-long-term-care/) - Did you know that if your income is higher than Medicaid's income limits, you may not qualify for long-term care through Medicaid (also known as Medicaid nursing home coverage)? An experienced Medicaid attorney can help you determine if you will be eligible for this type of Medicaid based on your current assets and income, among - [Financial Protection When Your Spouse Needs Nursing Home Care - Part 2](https://www.hawkinselderlaw.com/financial-protection-when-your-spouse-needs-nursing-home-care-part-2/) - This article concludes a two-part series about how 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 protected from expensive long-term care. In our first article (Financial Protection When Your Spouse Needs Nursing Home Care - [Financial Protection When Your Spouse Needs Nursing Home Care - Part 1](https://www.hawkinselderlaw.com/financial-protection-when-your-spouse-needs-nursing-home-care-part-1/) - Nursing home bills usually turn a person’s world upside down when his or her spouse requires nursing home care (the average Indiana nursing home bed costs $7,167 per month in 2022). This article begins a two-part series about state and federal law can save a nursing home resident’s spouse from poverty, and how an experienced - [What Income Qualifies You For Medicaid?](https://www.hawkinselderlaw.com/indiana-medicaid-income-limits/) - If you want Medicaid to cover things like expensive nursing home bills in Indiana, then you'll need to show that you qualify. - [How Do I Stop Medicaid From Taking My House In Indiana?](https://www.hawkinselderlaw.com/protect-home-from-medicaid/) - Suppose Medicaid is paying your nursing home bills. As a Medicaid recipient, you’ve already demonstrated that you have low income and assets. You’ve already confirmed with Medicaid that you own a house. And Medicaid lets you keep your house while you receive benefits. What you might not know is that Medicaid might attempt to take - [Could An Indiana Medicaid Aged & Disabled Waiver Help You?](https://www.hawkinselderlaw.com/medicaid-aged-and-disabled-waiver/) - Medicaid's Aged & Disabled Waiver can provide a host of health care benefits to you, including valuable care at home and in the community so that you don't have to live in a nursing home. Here's a brief overview of what the Aged & Disabled Waiver entails in the state of Indiana and how Hawkins - [How Can I Protect My Assets From Medicaid In Indiana?](https://www.hawkinselderlaw.com/protect-assets-from-medicaid/) - If you exceed Medicaid’s asset limits, you need to spend down and potentially deplete most of your assets to qualify. If you transfer or give away your assets before applying, you might be penalized and ineligible for benefits. Because of this, satisfying Medicaid’s asset limits requires careful planning and consideration. Read on to learn more about long-term care Medicaid asset limits, including what you can do to protect your assets and still receive benefits. - [American Lawyers - Stewards of the Rule Book](https://www.hawkinselderlaw.com/494-2/) - [See our Disclaimers page about relying on this website's contents.] We usually write about subjects within our law practice expertise such as estates, trusts, nursing home care, and small businesses. However, last night’s opening presentation of the Steven Spielberg movie Bridge of Spies inspired us to write a few words about what it means for - [Should I Apply For Traditional Medicaid?](https://www.hawkinselderlaw.com/apply-for-traditional-medicaid-indiana/) - If you or a loved one needs long term care, then Medicaid can potentially pay for this care, whether in a nursing home, assisted living facility, and even at home. However, some seniors are medically frail and need more extensive care in a nursing home setting. Many Indiana nursing home residents who qualify for Medicaid - [Is Applying For Medicaid Difficult In Indiana?](https://www.hawkinselderlaw.com/applying-for-medicaid-indiana/) - Medicaid can be difficult to apply for depending on the type of benefits that you need. You might need long term care, which could include living in a nursing home facility. To receive care in a nursing home, you have to qualify in part based on your finances and healthcare. There are many steps to - [How Much Does A Medicaid Planner Cost?](https://www.hawkinselderlaw.com/cost-of-medicaid-planner-in-indiana/) - Medicaid can provide you with valuable benefits that make a real difference in your life. This could include Medicaid paying those nursing home expenses that would otherwise set you back close to six figures each year in Indiana if paid out of pocket. The process of obtaining Medicaid might seem rather straightforward, but it is - [What Questions Should You Ask An Elder Law Medicaid Attorney?](https://www.hawkinselderlaw.com/questions-to-ask-medicaid-attorney/) - To find out whether an elder law Medicaid attorney can help you, in nearly all cases, you'll need to communicate with them first. To know whether the attorney is the right fit, you should ask them questions regarding their background. Here are some questions to consider. How Much Of The Attorney’s Practice Concerns Elder Law? - [How Does A Trust Help You Qualify For Medicaid In Indiana?](https://www.hawkinselderlaw.com/using-a-trust-for-indiana-medicaid/) - When you need Medicaid to cover your or a loved one's nursing home bills in Indiana, you'll have to qualify for benefits. The process of planning and qualifying for benefits might involve the creation of trusts. Some trusts can protect your assets, while others won't. Some trusts are acceptable to Medicaid, while others aren't. Hawkins - [Why Do I Need An Elder Law Attorney For Medicaid?](https://www.hawkinselderlaw.com/elder-law-attorney-for-medicaid/) - If you are like most seniors, you will need long term care in your life. Long term care is expensive, and it could quickly deplete the entirety of your savings and assets. Medicaid is a government program that can pay for your long term care. But since Medicaid is a needs-based program, only certain people - [What Does A Medicaid Lawyer Do?](https://www.hawkinselderlaw.com/what-does-a-medicaid-lawyer-do/) - Medicaid is a needs-based system that can provide value healthcare benefits to you or your loved one. One of the most valuable benefits is long term care Medicaid, where the government can help cover most, if not all, of your nursing home care costs. But these government benefits are not just handed to anyone. You - [VETERANS’ LONG-TERM CARE STRAIGHT TALK](https://www.hawkinselderlaw.com/veterans-long-term-care-straight-talk/) - This article describes long-term care benefits and eligibility requirements for our aging Hoosier veterans. - [Anatomical Gift and Supported Decision Making Laws](https://www.hawkinselderlaw.com/anatomical-gift-and-supported-decision-making-laws/) - Anatomical Gift and Supported Decision Making Laws Featured in Ceremonial Bill Signing – Anatomical gift and supported decision making laws drew Governor Eric Holcomb's praise at a signing ceremony for bills affecting those laws. Governor Holcomb invited Hawkins Elder Law attorney Jeff R Hawkins and other stakeholder representatives to witness the Governor's July 8 ceremonial - [Transfers During Medicaid’s Look-Back Period](https://www.hawkinselderlaw.com/medicaid-transfer-penalty/) - Grandparents often love to shower their grandchildren with money and expensive gifts. These wonderful heartfelt gifts may cause joy in the moment, but some of them may be costly down the line. Why? State and federal laws penalize some gift-givers for making "uncompensated transfers." What Are Uncompensated Transfers? Federal law prohibits states from paying long-term - [What Executors (Personal Representatives) Need To Know](https://www.hawkinselderlaw.com/personal-representative/) - Most people find news of a loved one's death emotionally overwhelming. Your stress level may intensify when you discover that the deceased person's last will and testament (the "Will") names you as the estate's executor. As executor, you may be the one person that helps keep all the pieces together as family members deal with - [What Is A Donor-Advised Endowment Fund?](https://www.hawkinselderlaw.com/donor-advised-endowment-fund/) - You’re interested in supporting tax-exempt charities but don’t want your money used any way they please. Suppose you want a charity to manage donations with your input and under your direction. In that case, a charitable foundation in your home community could help you achieve that goal with a donor-advised endowment fund. A donor-advised endowment - [Health Care Representative V. Attorney-In-Fact In Indiana](https://www.hawkinselderlaw.com/health-care-representative-power-of-attorney/) - Gradual Recognition You notice your mom is forgetting things and begin to worry about her health. She recognizes that her memory loss is affecting her life and agrees to see a neurologist. Together, you hear the devastating news that your mom has early-onset Alzheimer’s. She realizes it too. The doctor recommends taking precautions regarding your - [Revocable Trust V. Irrevocable Trust](https://www.hawkinselderlaw.com/revocable-trust-irrevocable-trust/) - The difference between a revocable trust and irrevocable trust can be the difference between losing property and protecting it as a legacy for future generations. Although the revocable/irrevocable trust distinction may seem obvious, this article explains the distinction’s importance for a variety of estate planning goals. Revocable and Irrevocable Trust Examples Imagine two brothers named - [Medicaid and Medicare In Indiana For Older, Disabled Americans](https://www.hawkinselderlaw.com/medicaid-and-medicare-in-indiana-for-older-disabled-americans/) - The attorneys at Hawkins Elder Law provide you with this overview of Medicare and Medicaid in Indiana so that you know which program applies to your situation. - [Will Versus Living Will](https://www.hawkinselderlaw.com/will-versus-living-will/) - The attorneys at Hawkins Elder Law discuss the difference between a living will and a last will and testament. - [Indiana Medicaid Application Issues](https://www.hawkinselderlaw.com/indiana-medicaid-application-issues/) - If you plan on Medicaid footing your nursing home bill in Indiana, be very careful when completing the Indiana Application for Health Care Coverage to avoid getting denied. Medicaid is a government program which provides healthcare benefits including long term care to low income individuals who qualify. However, all too often people have their Medicaid - [Indiana Cancels Favorable Medicaid Policy on IRAs](https://www.hawkinselderlaw.com/medicaid-ira-rule-offers-nursing-home-cost-protection/) - This article explains some surprising new IRA protection opportunities created by recent Indiana Medicaid rule changes. - [Indiana Family Caregiver Agreement](https://www.hawkinselderlaw.com/indiana-family-caregiver-attorney/) - Caregiver agreements (also known as personal services contracts) in Indiana are frequently used in family situations where a son or daughter takes responsibility for caring for mom or dad often by living with them and helping them out with their daily activities. These agreements are also really important when it comes to Medicaid – a - [Second Marriage Estate Planning Issues In Indiana](https://www.hawkinselderlaw.com/second-marriage-estate-planning/) - Hawkins Elder Law provides an overview of second marriage issues in Indiana and how to manage them with marital trusts. - [Naming Family Members As Trustees, Executors In Indiana](https://www.hawkinselderlaw.com/family-member-fiduciaries-in-indiana/) - You might have figured out by now that you need an estate plan, which consists of things like a will, trust, powers of attorney and healthcare directives. The people who you appoint in these documents are fiduciaries – which are basically people who make important decisions on your behalf and who are responsible for acting - [Aging In Place In Indiana?](https://www.hawkinselderlaw.com/aging-in-place-in-indiana/) - The attorneys at Hawkins Elder Law discuss what it means to age in place at home and in the community. - [Safe Family Holiday Celebrations In The Pandemic](https://www.hawkinselderlaw.com/are-safe-family-holiday-celebrations-in-the-pandemic-possible/) - Are safe family holiday celebrations in the pandemic possible? Think about it for a moment. Are you tempted to add a question mark to holiday greetings like “Happy Thanksgiving?” “Happy Hanukkah?” or “Merry Christmas?” Families wanting to celebrate holidays this year face pandemic risks like none the world has seen in over a century. So, - [SECURE Act Affects Retirement Plan Beneficiaries](https://www.hawkinselderlaw.com/secure-act/) - Hawkins Elder Law provides an overview of SECURE Act’s possible impact on your beneficiaries and what you could do if you need to make a change to your estate plan in light of the new law. - [Trust Protector to the Rescue](https://www.hawkinselderlaw.com/trust-protector-to-the-rescue/) - The basic purpose for estate planning is to prepare for future situations by empowering people to solve problems or adapt to changing circumstances. Unfortunately, this old planning truism still applies: The finest plans of mice and men often fall apart and leave us with only grief and pain instead of joyful hearts. (Our paraphrased excerpt - [5 Organizational Tips to Simplify Your Life, Disability, and Death](https://www.hawkinselderlaw.com/5-organizational-tips-to-simplify-your-life-disability-and-death/) - [See our Disclaimers page about relying on this website's contents.] Electronic devices, computer software, and the Internet are expanding what we can do and the ways we can do it at a mind-boggling pace. Technology can simplify or complicate life, depending on how well we use it. In this article, we offer 5 tips to - [Three Common Estate Planning Problems Waiting To Happen](https://www.hawkinselderlaw.com/three-common-estate-planning-problems-waiting-to-happen/) - Hawkins Elder Law provides you this overview of issues you might face with family members as it relates to your estate plan. - [Elder Abuse & Abuse Prevention](https://www.hawkinselderlaw.com/elder-abuse-abuse-prevention/) - [See our Disclaimers page about relying on this website's contents.] We have all heard about cases of child abuse and spouse abuse, but elder abuse tends not to draw much attention. As the "Baby Boomer" generation ages, it makes sense that the number of elder abuse cases will increase. This article shares information from national - [Who Is In Charge Of My Money?](https://www.hawkinselderlaw.com/who-is-in-charge-of-my-money/) - Hawkins Elder Law discusses who is in control of your assets and financial affairs at various points in your life. - [Incapacity And Guardianship In The Hoosier State](https://www.hawkinselderlaw.com/incapacity-and-guardianship-in-the-hoosier-state/) - Hawkins Elder Law provides you with this overview on incapacity and guardianship in Indiana. - [What Is Family Business Succession Planning?](https://www.hawkinselderlaw.com/what-is-family-business-succession-planning/) - Hawkins Elder Law discusses what business succession planning entails and what you could do to avoid your business closing down abruptly if you die or become disabled unexpectedly. - [Should I Share My Estate Plan Details With My Family?](https://www.hawkinselderlaw.com/should-i-share-my-estate-plan-details-with-my-family/) - Hawkins Elder Law discusses whether and to what extent you should break the news about your estate plan to your family. - [Retirement And Estate Planning: What You Need To Know](https://www.hawkinselderlaw.com/retirement-planning-estate-planning/) - Hawkins Elder Law provides an overview of retirement planning and estate planning as it relates to your finances and health care. - [SERVICE AND ASSISTANCE ANIMALS – PART 2](https://www.hawkinselderlaw.com/service-and-assistance-animals-part-2/) - We are focusing this article on some of the legal and public policy issues affecting service animal and assistance animal availability and usage. - [Covid-19 Raises Teachers’ Interest In Wills](https://www.hawkinselderlaw.com/covid-19-teacher-will-indiana/) - Throughout the United States, a growing number of teachers are taking Covid-19 related safety precautions for the upcoming school year. For now, K-12 schools in Indiana are slated to reopen this fall without state mandates on wearing masks. Meanwhile, Covid-19 cases continue to rise, which places teachers at greater risk if in-person classes resume. Although - [COVID-19 HAS TAUGHT US…](https://www.hawkinselderlaw.com/covid-19-has-taught-us/) - COVID-19 has taught us many things about the world, our communities, and ourselves. We learned about distance as the pandemic followed the global economy’s connected pathways into our state capitals and hometowns. The spreading contagion revealed our interdependence as we sheltered in place. Shortages of household goods, high-speed Internet, and access to ailing family members laid bare our vulnerability and unpreparedness. This article reflects on some of those lessons and describes changes that we can expect in the future. - [COVID-19 Challenges Faith Community Assemblies](https://www.hawkinselderlaw.com/covid-19-challenges-faith-community-assemblies/) - COVID-19 challenges faith community assemblies and raises unprecedented worship issues. Churches must decide how to promote health and safety without compromising spiritual priorities. This article describes churches’ coronavirus challenges and offers some resources that church leaders may find helpful. - [COVID-19 ESTATE PLANNING CHALLENGES](https://www.hawkinselderlaw.com/covid-19-estate-planning-challenges/) - This article describes the problems and solutions that healthcare providers, government officials, and lawyers are pursuing to overcome Coronavirus challenges. - [SECURE Act Changes Education Savings Plans](https://www.hawkinselderlaw.com/secure-act-changes-education-savings-plans/) - This month we are exploring social problems threatened by the “Baby Boomer” generation’s looming retirement and how the SECURE Act offers tax incentives to help reduce those problems. - [FAMILY LAW SOLUTIONS FOR ELDER LAW PROBLEMS](https://www.hawkinselderlaw.com/family-law-solutions-for-elder-law-problems/) - This article describes special problems challenging some older married folks, and explains how elder law attorneys are using family law tactics to help solve those problems. - [Fancy Estate Plan Binders Hide Weak Contents](https://www.hawkinselderlaw.com/fancy-estate-plan-binders-hide-weak-contents/) - "Fancy estate plan binders hide weak contents" should be a mantra for estate planning lawyers and their clients. We have heard clients praise the appearance of leather estate plan binders; especially binders embossed with gold lettering, Unfortunately, most of those clients pay dearly for weak estate plan is that did not address their issues adequately, - [SECURE ACT CHANGES TO IRAS](https://www.hawkinselderlaw.com/secure-act-changes-to-iras/) - SECURE Act changes to IRAs will affect you or someone you know in 2020. The ‘‘Setting Every Community Up for Retirement Enhancement Act of 2019’’ (SECURE Act) begins on page 604 of H. R. 1865, the 715-page Congressional appropriations bill that President Trump signed on December 20, 2019. This article highlights some SECURE Act provisions and suggests income tax planning strategies that may help some families reduce tax burdens. - [MEDICAID APPLICATION TRIAL AND ERROR](https://www.hawkinselderlaw.com/medicaid-application-trial-and-error/) - 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 - [SERVICE ANIMALS AND ASSISTANCE ANIMALS – PART 1](https://www.hawkinselderlaw.com/service-animals-and-assistance-animals-part-1/) - Service animals and assistance animals are advancing far beyond family pet status. High-performance creatures are helping military veterans and other people adapt to and overcome many disabilities. - [My Spouse Is in a Nursing Home – Will I Lose Everything?](https://www.hawkinselderlaw.com/my-spouse-is-in-a-nursing-home-will-i-lose-everything/) - 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 - [SECURE ACT IRA CHANGES – A MIXED BAG](https://www.hawkinselderlaw.com/secure-act-ira-changes-a-mixed-bag/) - SECURE Act IRA changes may affect retirement planning strategies dramatically. On May 23, 2019, 417 members of the U.S. House of Representatives voted to change IRAs with the "SECURE Act" (Setting Every Community Up for Retirement Enhancement Act of 2019). If Congress and the White House agree on a bill, it will change the landscape for retirement contributions and required IRA withdrawals. This article describes some of the SECURE Act's key aspects and an alternative U.S. Senate bill. - ["FREE" POWER OF ATTORNEY](https://www.hawkinselderlaw.com/free-power-of-attorney/) - A "free" power of attorney is very much like free firearms, free explosives, and free hazardous chemicals. Each item may be useful when someone uses it properly, but it would be irresponsible to deliver such things to people randomly. This article explains why it is dangerous for people to sign an off-the-shelf, "free" power of - [Spouses of Nursing Home Residents: Avoid These Medicaid Traps!](https://www.hawkinselderlaw.com/spouses-of-nursing-home-residents-dont-let-nonlawyers-apply-for-medicaid/) - 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 - [Have You Withdrawn Enough from Your IRA This Year?](https://www.hawkinselderlaw.com/have-you-withdrawn-enough-from-your-ira-this-year/) - The retirement plan concept leads us to believe that we should contribute as much as possible to IRAs and other tax-deferred retirement plans, and avoid withdrawing more than the required minimum distributions. While this strategy will maximize retirement plan growth and the likelihood that it will provide income late in life, it also sets up - [Plan for Nursing Home Care - Even If You Don’t Want to Go](https://www.hawkinselderlaw.com/plan-for-nursing-home-care-even-if-you-dont-want-to-go/) - We often hear from married couples during estate planning conferences that they do not plan to go to a nursing home. Our half joking reply is that lines rarely form for people wanting to enter nursing homes unless they are visiting nursing home residents. Unfortunately, according to the Indiana Long-Term Care Partnership Program, “individuals living - [Planning with Retirement Plans, Annuities, and Life Insurance](https://www.hawkinselderlaw.com/planning-with-retirement-plans-annuities-and-life-insurance/) - Retirement plans, annuities, and life insurance policies are great tools to accumulate and protect wealth for some people. However, all investments require some attention to details regarding beneficiary designations and ownership choices. None of these tools fits everyone and some tools can be inappropriate for some people. A knowledgeable estate planning attorney uses these financial - [MEDICAID & PRENUPTIAL AGREEMENTS - PART 2](https://www.hawkinselderlaw.com/medicaid-prenuptial-agreements-part-2/) - This conclusion of our two-part series about Medicaid and prenuptial agreements explains how Medicaid treats prenuptial agreements. - [Do Old Drivers Fade Away?](https://www.hawkinselderlaw.com/do-old-drivers-fade-away/) - The ability to drive a car is one of the privileges that most defines quality of life and independent living for the elderly. Unfortunately, the deteriorating effects of aging causes some elderly drivers to become impaired drivers as the following headlines suggest: “Elderly driver crashes into Ziegler's Ace Hardware in Huntley” (May 4, 2015, Copyright - [Does a Nursing Home Take Everything When You Need Nursing Home Care?](https://www.hawkinselderlaw.com/does-a-nursing-home-take-everything-when-you-need-nursing-home-care/) - 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 - [Hoosier Health Care Advance Directive Options May Improve](https://www.hawkinselderlaw.com/indiana-health-care-advance-directive-options-may-improve/) - Indiana health care advance directive options may improve in 2019. If Indiana passes 2019 House Bill 1516 (HB 1516), then the law will upgrade how Hoosiers plan for future health care decisions. This article describes current health care advance directive laws and how the new law may help Indiana health care patients plan for emergency health care and end-of-life decisions. - [Joint Bank Accounts & Other Property Transfers To Survivors - Part 1](https://www.hawkinselderlaw.com/joint-bank-accounts-other-property-transfers-to-survivors-part-1/) - [See our Disclaimers page about relying on this website's contents.] This article is the first part of a two-part series of about joint bank accounts and other kinds of ownership of bank accounts and investments (Click here to read Part 2). We have seen many avoidable cases of error, fraud, and abuse over the years. - [Joint Bank Accounts & Other Property Transfers To Survivors - Part 2](https://www.hawkinselderlaw.com/joint-bank-accounts-other-property-transfers-to-survivors-part-2/) - [See our Disclaimers page about relying on this website's contents.] This article concludes a two-part series of about joint bank accounts and other kinds of asset co-ownership (click here to read Part 1). Joint Accounts - Name Sequence Some people mistakenly think that it makes a difference whether someone’s name appears first or second on - [MEDICAID & PRENUPTIAL AGREEMENTS - PART 1](https://www.hawkinselderlaw.com/medicaid-prenuptial-agreements-part-1/) - This article begins a 2-part explanation of how Indiana Medicaid deals with a remarried couple’s assets when one spouse requires nursing home care if the couple made a prenuptial agreement before they married. - [Personal Business Records Organization Tips](https://www.hawkinselderlaw.com/personal-business-records-organization-tips/) - Few people manage their personal business records properly, so this article gives record-keeping tips. - [Medicaid Lookback, Transfer Penalties, and Property Transfer Strategies](https://www.hawkinselderlaw.com/medicaid-lookback-transfer-penalties-and-property-transfer-strategies/) - This article includes our answers to recent questions about Indiana’s 5-year Medicaid lookback rule. The answers also explain transfer penalties, and some property transfer strategies that elder law attorneys use to protect assets from long-term health care expenses. 5-Year Medicaid Lookback Inquiry Could my spouse and I avoid the lookback legally by purchasing my parents’ home - [Need-Based VA Pension Rules Change October 2018](https://www.hawkinselderlaw.com/need-based-va-pension-rules-change-october-2018/) - 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 - [Estate Plans Must Clarify "Right Things"](https://www.hawkinselderlaw.com/estate-plans-must-clarify-right-things/) - When an estate plan depends on someone to "do the right thing," someone will inevitably dispute - [Medicaid 5-Year Lookback Q & A](https://www.hawkinselderlaw.com/medicaid-5-year-lookback-q-a/) - We received a question through hawkinselderlaw.com 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. - [Young Parents Need Estate Plans](https://www.hawkinselderlaw.com/high-stakes-planning-for-young-parents/) - This article explains why young parents need to make estate plans more urgently than the older generation that raised them. - [Don’t Battle Alzheimer’s Alone](https://www.hawkinselderlaw.com/dont-battle-alzheimers-alone/) - Ask anyone about Alzheimer’s disease and you will probably get shudder, grimace, and a story about a friend or family member’s tragic loss of consciousness. Alzheimer’s disease and other dementia conditions impact all of us reaches far beyond dementia patient statistics. The Alzheimer's Association reports that in 2014, Alzheimer’s disease afflicted about 14,000 Indiana residents - [Selling an Indiana Home Without a Realtor? (Part 1)](https://www.hawkinselderlaw.com/selling-an-indiana-home-without-a-realtor-part-1/) - [See our Disclaimers page about relying on this website’s contents.] We encourage people to use realtor services to sell property instead of trying to sell real estate without realtor assistance. Realtor services can help maximize the sale price (often dramatically) and minimize distractions and headaches that require sellers to take time off work. However, we have tips - [Selling an Indiana Home Without a Realtor? (Part 2)](https://www.hawkinselderlaw.com/selling-an-indiana-home-without-a-realtor-part-2/) - We wrote tips in our most recent article for people who want to sell their homes without realtor assistance (see recommendation to always hire a realtor in Part 1 of this article series). In this article, we describe some of the things that a seller can expect in a real estate sale transaction. If a - [Selling an Indiana Home Without a Realtor? (Part 3)](https://www.hawkinselderlaw.com/selling-an-indiana-home-without-a-realtor-part-3/) - This article concludes our 3-part series of articles for people who want to sell their homes without realtor assistance (see recommendation to always hire a realtor in Part 1 of this article series). In this article, we describe some of the things that a seller can expect in a real estate sale transaction. A typical - [Administrative Dissolution: Avoidable Death of Corporations/LLCs/LLPs](https://www.hawkinselderlaw.com/administrative-dissolution-avoidable-death-of-corporations-llcs-llps/) - Avoid administrative dissolution of an Indiana corporation or other entity by updating the registered agent's email address and the entity's official business address on the entity's Indiana business entity report and file the report on time. New Indiana law prohibits reinstatement of an entity that has been dissolved for 5 years or more. - [IRA Planning for Long-Term Care and Longevity](https://www.hawkinselderlaw.com/ira-planning-for-long-term-care-and-longevity/) - [See our Disclaimers page about relying on this website's contents.] (Updated March 14, 2018) Hollywood actress Betty Davis was quoted as saying, “Old age ain't no place for sissies.” Unfortunately (or fortunately, depending on how you view it) more people are reaching older ages today than ever (such as Ira Chestnut, pictured at left as a high - [Indiana’s Senior Consumer Protection Act](https://www.hawkinselderlaw.com/indianas-senior-consumer-protection-act/) - [See our Disclaimers page about relying on this website’s contents.] The Senior Consumer Protection Act (referred to in this article as the “Act”) added new financial exploitation protections in 2013 for Hoosiers that are 60 years of age or older (referred to in the Act - [Customer Service by Josh](https://www.hawkinselderlaw.com/customer-service-by-josh/) - [See our Disclaimers page about relying on this website’s contents.] We were enjoying dinner in a chain restaurant earlier this year when we noticed the exceptional service that we were receiving from a young attendant, whom I will call “Josh.” Josh impressed us enough to inspire us to to pay more generously than is our custom (we - [Pay Attention & Get It in Writing](https://www.hawkinselderlaw.com/pay-attention-get-it-in-writing/) - [See our Disclaimers page about relying on this website’s contents.] Teenagers often try to shift blame for breaking rules, misunderstanding assignments, or missing deadlines with statements like, “I asked Joe and he said it wasn’t important,” or “I heard that they never enforce those rules.” Of course, some teenagers retaining their adolescent gullibility and inattentiveness into adulthood - [“Choose” to Replace “Should” and “Supposed to” in Big Decisions](https://www.hawkinselderlaw.com/choose-to-replace-should-and-supposed-to-in-big-decisions/) - [See our Disclaimers page about relying on this website’s contents.] Is it possible for senses of duty, obligation, and responsibility to be harmful for people? Trust and estate lawyers working with multiple generations of people often see sharp generational differences in people’s expectations of themselves and people of other generations. This article considers when traditional senses - [Funeral Planning – A Surprisingly Complex Subject](https://www.hawkinselderlaw.com/funeral-planning-a-surprisingly-complex-subject/) - [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 - [What Reverse Mortgage TV Commercials Don’t Tell You](https://www.hawkinselderlaw.com/what-reverse-mortgage-tv-commercials-dont-tell-you/) - [See our Disclaimers page about relying on this website’s contents.] Tom Selleck and other charming celebrities have pitched reverse mortgage plans to senior citizens for years in television ads like Selleck’s ad posted on YouTube. Mr. Selleck says reverse mortgages are not “too good to be true,” but should people believe him? Well, it depends… - [Senate Proposal to Repeal “Obama Care” – Good for Some, but Terrible for Nursing Home Residents](https://www.hawkinselderlaw.com/senate-proposal-to-repeal-obama-care-good-for-some-but-terrible-for-nursing-home-residents/) - [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 - [Organized Records Minimize Health Crisis Chaos](https://www.hawkinselderlaw.com/organized-records-minimize-health-crisis-chaos/) - [See our Disclaimers page about relying on this website’s contents.] A few days after Mom’s stroke, an ambulance crew is moving Mom from the hospital to a rehabilitation facility. Dad is stressed out, losing sleep, and eating poorly because the doctor is not sure that Mom will bounce back enough to come home, and Dad - [Avoiding Probate is Easy – But Not Always Wise](https://www.hawkinselderlaw.com/avoiding-probate-is-easy-but-not-always-wise/) - [See our Disclaimers page about relying on this website’s contents.] We have heard people tell us for decades that they want to “avoid probate.” They say it as if they want to avoid cancer. Most people have no idea what it is that they think they should avoid. Fewer people know that the “probate” concept - [Costly Delay: Importance of Mental Capacity in Estate Planning](https://www.hawkinselderlaw.com/importance-of-mental-capacity-in-estate-planning/) - [See our Disclaimers page about relying on this website’s contents.] Too people say about estate planning, “I’m not ready for that yet.” A person must be able to think clearly enough to make a will, trust, power of attorney, deed, health care directive or other estate plan document. As we wrote in our blog article, - [Know and Protect Your Boundaries](https://www.hawkinselderlaw.com/know-and-protect-your-boundaries/) - [See our Disclaimers page about relying on this website’s contents.] Three of the most emotionally volatile kinds of legal conflicts that people can encounter are child custody battles, family disputes over a deceased person’s assets, and arguments between neighbors over property boundary lines. Disputes over children and estate assets often stir intense emotion, but the - [Getting Married? Get A Prenuptial Agreement First!](https://www.hawkinselderlaw.com/getting-married-get-a-prenuptial-agreement-first/) - [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 - [Indiana’s New and Improved POST Form](https://www.hawkinselderlaw.com/indianas-new-and-improved-post-form/) - [See our Disclaimers page about relying on this website's contents.] The Indiana State Department of health (ISDH) updated and improved the Indiana Physicians Orders for Scope of Treatment (POST) form in December 2016. The new form is available for download in PDF and Microsoft Word formats at http://www.in.gov/isdh/25880.htm, and it should be available in the - [Medicaid Alternatives for Aged and Disabled Adults](https://www.hawkinselderlaw.com/medicaid-alternatives-for-aged-and-disabled-adults/) - [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 - [Life Insurance Estate Planning Tips](https://www.hawkinselderlaw.com/life-insurance-estate-planning-tips/) - [See our Disclaimers page about relying on this website's contents.] People buy and use life insurance for many reasons. Unfortunately, too many people make poor life insurance purchase and use decisions because they do not try to understand their options. Instead, they rely on insurance promoters and amateur advisors to tell them what they need - [Life Insurance, Funeral Expenses, & Medicaid](https://www.hawkinselderlaw.com/life-insurance-funeral-expenses-medicaid/) - [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 - [When Is Cash Business Criminal?](https://www.hawkinselderlaw.com/when-is-cash-business-criminal/) - [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 - [2017 Social Security, Medicare, Military Benefits & Medicaid COLA](https://www.hawkinselderlaw.com/2017-social-security-medicare-military-benefits-medicaid-cola/) - [See our Disclaimers page about relying on this website's contents.] Recipients of Social Security retirement income, Social Security disability income, veterans’ pensions, Supplemental Security Income (SSI), Medicaid, and other social insurance and public assistance benefits will experience cost-of-living adjustments in January 2017. The benefits and applicable deductions, such as Medicare premiums, will rise together with - [Spiritual Issues in Final Illness, Death, and Human Remains Disposition](https://www.hawkinselderlaw.com/spiritual-issues-in-final-illness-death-and-human-remains-disposition/) - [See our Disclaimers page about relying on this website's contents.] In our most recent blog, “Plans for Final Illness, Death, and Human Remains Disposition,” we mentioned issues that affect people’s choices about health care in final illness, death, and disposition of their bodies, including a few brief references to spiritual issues. We are expanding that - [Plans for Final Illness, Death, and Human Remains Disposition](https://www.hawkinselderlaw.com/plans-for-final-illness-death-and-human-remains-disposition/) - [See our Disclaimers page about relying on this website's contents.] A person’s landmark life events might include birth, spiritual dedication, marriage, children’s births, and death. People normally think about most of those events, but few people want to think about final illness and death, much less talk or plan about it. In fact, people probably - [Crisis Management for a Nursing Home Resident without an Estate Plan](https://www.hawkinselderlaw.com/crisis-management-for-a-nursing-home-resident-without-an-estate-plan/) - [See our Disclaimers page about relying on this website's contents.] Most of our blog articles encourage people to make estate plans while they are healthy to avoid a legal and financial crisis when they get sick. Unfortunately, many people are too deep in denial to admit that they to plan, or they procrastinate until it - [Don’t Short-Circuit Your Estate Plan](https://www.hawkinselderlaw.com/dont-short-circuit-your-estate-plan/) - [See our Disclaimers page about relying on this website's contents.] If a person has made a will, a power of attorney, an advance health care directive, or a trust, the person may think that those documents create a dependable estate plan. Unfortunately, many people do not realize that an estate plan includes every kind of - [Can Two Estate Planning Lawyers Be Better Than One for Married Couples?](https://www.hawkinselderlaw.com/can-two-estate-planning-lawyers-be-better-than-one-for-married-couples/) - [See our Disclaimers page about relying on this website's contents.] An estate planning lawyer usually serves clients alone, without involving any other lawyers in the estate planning process. In some cases involving married couples, however, one lawyer cannot do the whole job alone because the lawyer’s ethical obligations prohibit the lawyer from serving both the - [Family Property – When Blessings Become Curses](https://www.hawkinselderlaw.com/family-property-when-blessings-become-curses/) - [See our Disclaimers page about relying on this website's contents.] God told the Israelites in the 25th chapter of the biblical book of Leviticus that in every 50th year, a family would regain ownership of land that the family’s ancestors had sold during the past 50 years. The Mosaic Law ensured the blessings of property - [Does the law really change enough to make estate plan updates important?](https://www.hawkinselderlaw.com/does-the-law-really-change-enough-to-make-estate-plan-updates-important/) - [See our Disclaimers page about relying on this website's contents.] We have written more than once in our blog about the need for people to update their estate plans regularly. We get questions from people sometimes about whether the law really changes enough to justify estate plan updates. This week, we answer that question with - [Unreasonable Family Promises Create Unbearable Burdens](https://www.hawkinselderlaw.com/unreasonable-family-promises-create-unbearable-burdens/) - [See our Disclaimers page about relying on this website's contents.] The Apostle Paul described balanced responsibilities of children to honor their parents and parents to behave reasonably toward their children this way: "As for children, obey your parents in the Lord, because it is right. The commandment Honor your father and mother is the first - [Dispute Resolution Principles for Ordinary People](https://www.hawkinselderlaw.com/dispute-resolution-principles-for-ordinary-people/) - [See our Disclaimers page about relying on this website's contents.] Every adult with a reasonably healthy mind has had a dispute with another person. Chances are good that a person is involved in a dispute while the person is reading this article. Trial lawyers dispute things professionally, but most people want to end disputes or - [Can I Give Money to My Family?](https://www.hawkinselderlaw.com/can-i-give-money-to-my-family/) - [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) - [What Are the Differences between Wills and Trusts?](https://www.hawkinselderlaw.com/what-are-the-differences-between-wills-and-trusts/) - [See our Disclaimers page about relying on this website's contents.] People ask us to explain the difference between wills and trusts from time to time when we are speaking to groups about advance health care directives and other estate planning topics. We have tried many ways to answer the question over the years, but we - [Indiana’s CARE Act](https://www.hawkinselderlaw.com/indianas-care-act/) - [See our Disclaimers page about relying on this website's contents.] The Indiana legislature passed the “Caregiver Advise, Record, and Enable Act” (known as the CARE Act”), which took effect on January 1, 2016. Under the CARE Act, when a patient is admitted to the hospital, the hospital must give the patient (or the patient’s guardian - [NOTICE Act Entitles Hospital Patients to Admission Status Information](https://www.hawkinselderlaw.com/notice-act-entitles-hospital-patients-to-admission-status-information/) - [See our Disclaimers page about relying on this website's contents.] Special update as of August 18, 2016: The NOTICE Act implementation will not become effective until October 1, 2016, because of delayed promulgation of the Medicare Outpatient Observation Notice (“MOON”) form by the Centers for Medicare and Medicaid Services (CMS). We have reported the problems and pitfalls that - [What Does Brexit Mean to Middle America?](https://www.hawkinselderlaw.com/what-does-brexit-mean-to-middle-america/) - [See our Disclaimers page about relying on this website's contents.] Britain and the European Union (the “EU”) seem very far away from the United States of America. Most of us think very little about European affairs except when we think of our nation’s European origins or when American news media reports an extraordinary European event. - [Alternative Dispute Resolution – a Conflict Resolution Smorgasbord](https://www.hawkinselderlaw.com/alternative-dispute-resolution-a-conflict-resolution-smorgasbord/) - [See our Disclaimers page about relying on this website's contents.] Unless you are a lawyer or judge, you probably do not think much about alternative dispute resolution (commonly abbreviated as “ADR”). Most people have experienced or heard about ADR, but many people misunderstand, misuse, or entirely miss creative dispute resolution opportunities that ADR systems provide. - [New Indiana Electronic Records Law](https://www.hawkinselderlaw.com/new-indiana-electronic-records-law/) - [See our Disclaimers page about relying on this website's contents.] The Indiana General Assembly updated several Indiana laws into the digital age during the 2016 legislative session. The legislature updated existing laws in the Indiana Probate Code, guardianship statutes, the Indiana Trust Code, and the Power of Attorney Act to allow trustees, decedent’s personal representatives, - [Best Intentions - Paving Material for a Bad Road](https://www.hawkinselderlaw.com/best-intentions-paving-material-for-a-bad-road/) - [See our Disclaimers page about relying on this website's contents.] They say that the road to destruction is paved with good intentions. The saying fits procrastinators that intend to make or update estate plans involving turbulent families, but never get around to making updated plans. An estate plan procrastinator can create even more destruction by - [Straight Talk About Contracts](https://www.hawkinselderlaw.com/straight-talk-about-contracts/) - [See our Disclaimers page about relying on this website's contents.] We wonder sometimes whether we will run out of topics for our blog and newspaper columns, but we always find more legal subjects that people misunderstand. People misunderstand contracts more frequently than they misunderstand many other subjects, so we are shining a light on them - [Undue Influence: Guilty Until Proven Innocent](https://www.hawkinselderlaw.com/undue-influence-guilty-until-proven-innocent/) - [See our Disclaimers page about relying on this website's contents.] Many people are familiar with the prodigal son parable that Jesus shared with his critics in Luke 15:11-32. In that story, the prodigal son demanded and squandered his inheritance, returned home in disgrace, and received his father’s embrace and celebration upon return. The story also - [Why Mediation Resolves Conflicts Better Than Litigation](https://www.hawkinselderlaw.com/why-mediation-resolves-conflicts-better-than-litigation/) - [See our Disclaimers page about relying on this website's contents.] Litigation is like war. Just as warfare is expensive and dependent on unpredictable factors like weather and human behavior, lawsuits often burn fortunes with unreliable outcomes. In most war and litigation, each side is partly right and partly wrong, depending on someone’s perspective. More lawsuits - [Does That Trust Need a Tune-Up?](https://www.hawkinselderlaw.com/does-that-trust-need-a-tune-up/) - [See our Disclaimers page about relying on this website's contents.] Revocable trust plans have been around for fifty years or more. Revocable trusts were quite the rage when we began practicing law in the early 1990s. Most people wanted the privacy advantage that revocable trusts held over last wills and testaments. Some people believed mistakenly - [Long Road Through Loss, Grief, and Recovery](https://www.hawkinselderlaw.com/long-road-through-loss-grief-and-recovery/) - [See our Disclaimers page about relying on this website's contents.] We attended the recent funeral of the beautiful matriarch of a family that we have known and loved for many years. Our dear friends expressed mixed feelings of loss from the death of their beloved mother and grandmother, and joy because her death released her - [Passing It on without Dropping the Baton](https://www.hawkinselderlaw.com/passing-it-on-without-dropping-the-baton/) - [See our Disclaimers page about relying on this website's contents.] Most people think once in a while about the inheritance that they will leave for others. Some people assume that their wealth will transfer to their family members smoothly and other people believe that they must make detailed plans. To some extent, both ideas are - [Criminal Consequences of Deceptive Indiana Nursing Home Medicaid Applications](https://www.hawkinselderlaw.com/criminal-consequences-of-deceptive-indiana-nursing-home-medicaid-applications/) - [See our Disclaimers page about relying on this website's contents.] Alzheimer’s disease, stroke, and other health crises send thousands of people to nursing homes each year. People often want to protect assets from expensive healthcare costs when they discover that the average annual cost of Indiana nursing home care exceeds $71,000. Legitimate asset protection strategies - [What a Farmer Has Joined Together, Let No Kids Tear Asunder](https://www.hawkinselderlaw.com/what-a-farmer-has-joined-together-let-no-kids-tear-asunder/) - [See our Disclaimers page about relying on this website's contents.] One of farming’s “Holy Grails” is to assemble tracts of farmland that join together as one big block so that the farmer can move from one field to another without having to transport equipment down roads or highways. Such a farmland assemblage saves incredible time, - [FAMILY FEUD – AVOIDABLE?](https://www.hawkinselderlaw.com/family-feud-avoidable/) - [See our Disclaimers page about relying on this website's contents.] Do all families fight about money when their members die? We have all heard stories of feuding families, but in more than two decades of estate and trust practice, the attorneys at Hawkins Law PC have only seen a few families fight openly. Most families - [Could You Be Hacked?](https://www.hawkinselderlaw.com/could-you-be-hacked/) - [See our Disclaimers page about relying on this website's contents.] We hear news stories every year about banks, retail stores, and other merchants being “hacked” by cyber criminals that want to steal the merchants’ customers’ identity and credit card data. You might think that hackers only go after “big fish,” and that they do not - [Practical Inheritance Issues & Solutions](https://www.hawkinselderlaw.com/practical-inheritance-issues-solutions/) - [See our Disclaimers page about relying on this website's contents.] Did you ever pick up a button that fell off a shirt or a screw that fell out of a piece of furniture, store it in a place that you are sure you would never forget, and later forget the location of that fool-proof storage? - [Myths and Misconceptions about Medicare and Indiana Medicaid](https://www.hawkinselderlaw.com/myths-and-misconceptions-about-medicare-and-indiana-medicaid/) - [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. - [You Probably Need A Lawyer If . . .](https://www.hawkinselderlaw.com/you-probably-need-a-lawyer-if/) - [See our Disclaimers page about relying on this website's contents.] Celebrity comedian Jeff Foxworthy has developed a series of jokes that begin with the phrase: “You might be a redneck if . . .” If Mr. Foxworthy was a lawyer, perhaps he might adapt that concept to identify some of the circumstances when an attorney’s - [Business Entities – Not Just For Businesses Anymore](https://www.hawkinselderlaw.com/business-entities-not-just-for-businesses-anymore/) - [See our Disclaimers page about relying on this website's contents.] Most people are familiar with corporations. Some people may have encountered a business entity that has existed in Indiana since 1993 called a limited liability company (an “LLC”). Business people have used these entities in Indiana to solve a wide variety of problems, including protection - [Non-Traditional Households Require Special Planning](https://www.hawkinselderlaw.com/non-traditional-households-require-special-planning/) - [See our Disclaimers page about relying on this website's contents.] A report published by the U.S. Census Bureau in 2009, showed that more than 60% of Americans had been married at least once by age 30 and at least 10% of Americans had been divorced by age 30 (https://www.census.gov/prod/2011pubs/p70-125.pdf). If a “traditional” household includes a - [Attention Veterans: Avoid VA Pension/Medicaid Eligibility Traps](https://www.hawkinselderlaw.com/attention-veterans-avoid-va-pensionmedicaid-eligibility-traps/) - [See our Disclaimers page about relying on this website's contents.] The US Department of Veterans Affairs (also known as the “VA”) expresses some of our nation’s respect and gratitude to US military veterans by providing various benefits to veterans, their surviving spouses, and dependent children. Unfortunately, many veterans follow bad advice to pursue the VA’s - [Too Young to Plan? Think Again!](https://www.hawkinselderlaw.com/too-young-to-plan-think-again/) - [See our Disclaimers page about relying on this website's contents.] Young adults have blind spots about life because they were oblivious during their childhood of many decisions that their parents made for them. They never had to worry during childhood about filing income tax returns or whether to have x-rays or stitches because such decisions - [Happy (Paper) Trails - Good Reasons to Stop Using Cash](https://www.hawkinselderlaw.com/happy-paper-trails-good-reasons-to-stop-using-cash/) - [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 - [2015 Year-End Tax Planning Traps and Opportunities](https://www.hawkinselderlaw.com/2015-year-end-tax-planning-traps-and-opportunities/) - [See our Disclaimers page about relying on this website's contents.] Congress changes federal tax law almost every year. Some changes are very dramatic, and other changes are so subtle that tax lawyers must scour them to find the nuances. Federal tax law changes for the 2015 tax year (affecting income tax returns filed in 2016) - [Register Gifts Cautiously](https://www.hawkinselderlaw.com/register-gifts-cautiously/) - [See our Disclaimers page about relying on this website's contents.] People all over the country will be registering electronic gifts for warranty purposes and opening new online accounts on December 25. Most of us have done this so many times that we take online account registration for granted. Unfortunately, careless indifference to technology can become our - [Gifts of Memories](https://www.hawkinselderlaw.com/gifts-of-memories/) - [See our Disclaimers page about relying on this website's contents.] Inherited material wealth is often very modest, but heritage is priceless. We have enjoyed hearing stories of family heritage from aging clients and their children over the past decades. Clients have shared many stories with us about hidden treasures of old letters, annotated photographs, diaries, - [Conscience and Ethics in Estate Planning](https://www.hawkinselderlaw.com/conscience-and-ethics-in-estate-planning/) - [See our Disclaimers page about relying on this website's contents.] Humans dominate the animal kingdom partly because we possess physical and mental abilities to change our environment and behavior deliberately. More than that, a person’s values elevate the person above the crude comfort and self-preservation instincts that define other creatures. The power to conceive and - [Christmas Gifts in the Good Old Modern Days](https://www.hawkinselderlaw.com/christmas-gifts-in-the-good-old-modern-days/) - [See our Disclaimers page about relying on this website's contents.] The “holiday” retail season has expanded beyond December into Black Friday, Cyber Monday, and pre-Thanksgiving sales. We could complain about Christmas commercialization and mourn the loss of Christmas past, but holiday sale jingles would drown out those objections. So what are we to do about - [10 Tips To Be Prepared](https://www.hawkinselderlaw.com/10-tips-to-be-prepared/) - [See our Disclaimers page about relying on this website's contents.] People often forget to keep their important papers in order. Disorganization can rob you of the chance to react quickly in critical or important moments. Disorganization can lead to serious errors after your death or if someone is helping you manage your business during a - [What’s in a Will?](https://www.hawkinselderlaw.com/whats-in-a-will/) - [See our Disclaimers page about relying on this website's contents.] Think for a moment about what “last will and testament” means to you. Maybe the term reminds you of a movie with a widow dressed in black, perhaps wearing a black veil. You may think about a deceased person’s family gathered at a lawyer’s office - [Caregiving Requires Strength, Health, and Realism](https://www.hawkinselderlaw.com/caregiving-requires-strength-health-and-realism/) - [See our Disclaimers page about relying on this website's contents.] Economic and sociological factors have transformed the way we care for elderly family members over the past sixty years. We celebrate economic and social progress, but many caregivers pay heavy costs for that progress. Most of us have living parents or grandparents that have survived - [Hunters Beware: Hunting Without Permission Stinks](https://www.hawkinselderlaw.com/hunters-beware-hunting-without-permission-stinks/) - [See our Disclaimers page about relying on this website's contents.] Indiana Conservation Officers ticket several hunters each year for hunting on private property without permission. Indiana Code Section 14-22-10-1 provides that [a] person may not: (1) fish, hunt, trap, or chase; (2) shoot with any kind of firearm or archery equipment; (3) search for or - [In Financial & Healthcare Decisions, “Trust, But Verify”](https://www.hawkinselderlaw.com/in-financial-healthcare-decisions-trust-but-verify/) - [See our Disclaimers page about relying on this website's contents.] Many people today struggle with how to invest money and what to do when a family member faces a health crisis. When you lack expertise for urgent financial and healthcare decisions, take decision-making advice from former US President Ronald Reagan: “trust, but verify.” Mr. Reagan - [Stretching Wealth & Protecting Inheritance](https://www.hawkinselderlaw.com/stretching-wealth-protecting-inheritance/) - [See our Disclaimers page about relying on this website's contents.] Entrusting inheritance to family members requires some thought about how family members will manage the money. You’ve worked hard for your money and a poor steward can blow it in no time. Relatively simple planning can help build and protect a financial legacy for future - [Social Security Retirement Income Mathematics](https://www.hawkinselderlaw.com/social-security-retirement-income-mathematics/) - [See our Disclaimers page about relying on this website's contents.] The old saying that a bird in the hand is worth two in the bush works most of the time, but it may not apply for everyone concerning Social Security retirement income benefits. In fact, the Social Security system rewards people for delaying their retirement - [Bringing Aged Family Members Home](https://www.hawkinselderlaw.com/bringing-aged-family-members-home/) - [See our Disclaimers page about relying on this website's contents.] No reasonably healthy person hopes to end up in a nursing home. Many family members struggle with guilt about admitting their loved ones to nursing homes. Relatively recent changes in Medicaid funding have made it possible for people to care for their elderly family members - [Are You Asking the Right Questions about Wills?](https://www.hawkinselderlaw.com/are-you-asking-the-right-questions-about-wills/) - [See our Disclaimers page about relying on this website's contents.] Financial experts often say that if you die without a last will and testament, the state will decide who gets your assets. That statement is true if you die owning assets without joint owners and without naming beneficiaries of bank accounts, insurance policies, retirement plans, - [Helping Ourselves](https://www.hawkinselderlaw.com/helping-ourselves/) - [See our Disclaimers page about relying on this website's contents.] As our local schools reopen consider this wish list: new band instruments and industrial arts resources for our schools; new audio equipment and nursery facilities for local church congregations; enhanced pediatric resources for our hospitals; and improved family recreation resources in our parks. Your local - [Financial Advisor Certifications, Titles, and Pedigrees](https://www.hawkinselderlaw.com/financial-advisor-certifications-titles-and-pedigrees/) - [See our Disclaimers page about relying on this website's contents.] “Professor” Herald Hill, the con-artist from the acclaimed musical The Music Man, wowed River City, Iowa, with his fancy talk and fake credentials. The magic of Broadway and Hollywood gave us a happy ending that does not often appear in the real world. When consultants, - [Finding Truth In The Information Ocean](https://www.hawkinselderlaw.com/finding-truth-in-the-information-ocean/) - [See our Disclaimers page about relying on this website's contents.] The discerning heart seeks knowledge, but the mouth of a fool feeds on folly.” Proverbs 15:14 New International Version (NIV). Information technology has expanded rapidly from print into radio, television, and the Internet, flooding us with more information than anyone can comprehend. Caitlin Dewey, digital - [Buying, Selling & Mortgaging Your Home – Part 2](https://www.hawkinselderlaw.com/buying-selling-mortgaging-your-home-part-2/) - [See our Disclaimers page about relying on this website's contents.] Business owners hire attorneys to help them establish their businesses and sensible people hire attorneys to prepare their estate plans. Unfortunately, home buyers often rely solely on the advice of non-lawyers to protect them from real estate transaction risks. For most people, a home is - [Buying, Selling, and Mortgaging Your Home – Part 1](https://www.hawkinselderlaw.com/buying-selling-and-mortgaging-your-home-part-1/) - [See our Disclaimers page about relying on this website's contents.] You have probably heard that “a man’s house is his castle.” Many people invest more money in their homes than in all of their other assets. This article begins a two-part series on basic information and precautions that ordinary people should know about buying and - [Lawyer’s Role in Estate and Trust Administration](https://www.hawkinselderlaw.com/lawyers-role-in-estate-and-trust-administration/) - [See our Disclaimers page about relying on this website's contents.] Most families experience intense grief and sorrow when a loved one dies. The grief sometimes turns to frustration and depression when family members must organize the deceased person’s records, gain control of the person’s finances, and sell, distribute, or dispose of the person’s property. Many - [Trustworthy Trusts?](https://www.hawkinselderlaw.com/trustworthy-trusts/) - [See our Disclaimers page about relying on this website's contents.] Trusts have become the some of the most widely known and misunderstood documents in estate planning practice today. Skilled trust lawyers use them to help their clients achieve their estate plan goals. Do-it-yourselfers misuse them to avoid “probate” and create wealth sinkholes that devour assets. - [Conciliation: Bridge-Building When Relationships Matter](https://www.hawkinselderlaw.com/conciliation-bridge-building-when-relationships-matter/) - [See our Disclaimers page about relying on this website's contents.] When someone disagrees with you, the disagreement threatens to deprive you of something you that want or load a burden upon you that you do not want. Disagreements end in various ways, including physical violence, smoldering grudges, court orders, arbitration decisions, and negotiated settlements, but - [Taking Care Of Sick People – What’s My Job?](https://www.hawkinselderlaw.com/taking-care-of-sick-people-whats-my-job/) - [See our Disclaimers page about relying on this website's contents.] Most of us become seriously injured or deathly ill sooner or later and depend upon other people to take care of us. We should all plan for this problem ahead of time so that our caregivers can be well prepared to do the job - [Insuring Your Investments: FDIC & SIPC](https://www.hawkinselderlaw.com/insuring-your-investments-fdic-and-sipc/) - [See our Disclaimers page about relying on this website's contents.] Most banks indicate in their advertisements and letterheads that they are members of the FDIC. You may also notice that securities brokers and investment advisers advertise their membership in the SIPC. What do these memberships mean? FEDERAL DEPOSIT INSURANCE CORPORATION The FDIC’s full name is the - [Gift Legends & Myths About Nursing Homes, Medicaid & Taxes](https://www.hawkinselderlaw.com/gift-legends-myths-about-nursing-homes-medicaid-taxes/) - [See our Disclaimers page about relying on this website's contents.] We began writing about estate planning and elder law topics almost 13 years ago because we kept hearing people recite laws and rules that either did not exist or did not work the way people thought. Even some lawyers have misunderstood rules about gifts and - [Planning For Minor Children & Multi-Generational Objectives](https://www.hawkinselderlaw.com/planning-for-minor-children-multi-generational-objectives/) - [See our Disclaimers page about relying on this website's contents.] Estate planning includes planning with wills and trusts to pass money and possessions from one generation to the next. Too often, an older generation ignores the effect of its plans upon younger generations. That poor foresight allows poorly planned inheritance to vanish quickly, sometimes without - [Tax Sale Properties – A Great Deal?](https://www.hawkinselderlaw.com/tax-sales-properties-a-great-deal/) - [See our Disclaimers page about relying on this website's contents.] So, you just bought a nice little house in the country for $2,000 at the county tax sale. “Wow!” You think. “I can’t believe I bought this property for next to nothing! What a deal!!!” Did you really get a great deal? Maybe…or maybe not. - [More Scams Targeting Senior Citizens](https://www.hawkinselderlaw.com/more-scams-targeting-senior-citizens/) - [See our Disclaimers page about relying on this website's contents.] Jeff Hawkins recently attended the Illinois State Bar Association’s Second Annual Elder Law Boot Camp continuing education program in Chicago, Illinois, where Joseph H. McMahon and Diana M. Law presented a session on trends in elder law abuse. This article showcases some of the frightening - [Watch Out For Sharks On Your Doorstep](https://www.hawkinselderlaw.com/watch-out-for-sharks-on-your-doorstep/) - [See our Disclaimers page about relying on this website's contents.] Remember those scary sharks in the “Jaws” movies from the 1970’s and 80’s? Like those monstrous sharks, con-artists prey on unsuspecting Hoosiers every day. Unlike the salt-water sharks, however, vigilance, boldness, and common sense can repel the two legged sharks. Home Improvement Fraud Spring is a - [Scavenger Hunt – Finding Stuff After Someone’s Death or Health Crisis](https://www.hawkinselderlaw.com/scavenger-hunt-finding-stuff-after-someones-death-or-health-crisis/) - [See our Disclaimers page about relying on this website's contents.] Managing someone else’s business when they die or become disabled can take you on a scavenger hunt. You may not know what you need to find or where to find it. To make a tough job worse, privacy laws severely limit the ability of banks - [Craftsmen Lawyers for the Emerging Global Community](https://www.hawkinselderlaw.com/craftsmen-lawyers-for-the-emerging-global-community/) - [See our Disclaimers page about relying on this website's contents.] Every profession has craftsmen that constantly refine their skills and performance quality. As technology and society evolve, craftsmen respond to ever-changing societal needs by developing and harnessing new technology to create more effective and useful tools and products. As society faces overwhelming technological advances and - [Achieving a Better Life Experience For Disabled Hoosiers](https://www.hawkinselderlaw.com/achieving-a-better-life-experience-for-disabled-hoosiers/) - [See our Disclaimers page about relying on this website's contents.] Many disabled children face disheartening experiences when they become adults. Public and private resources offer a variety of therapeutic services, summer recreation camps, and adaptive educational accommodations to disabled children, but many of those benefits and abruptly at adulthood. A federal tax law known as - [Legal Professionalism – Accept No Substitute](https://www.hawkinselderlaw.com/legal-professionalism-accept-no-substitute/) - [See our Disclaimers page about relying on this website's contents.] Executive officers of unlicensed software companies LegalZoom and AVVO have infuriated lawyers in presentations at bar association meetings over the past couple of years. The presenters claimed that their technology allows them to provide unlicensed legal services to consumers faster and less expensively than consumers - [Ask Good Questions of Yourself and Your Lawyer](https://www.hawkinselderlaw.com/ask-good-questions-of-yourself-and-your-lawyer/) - [See our Disclaimers page about relying on this website's contents.] When a timid client says, “this is a dumb question, but…,” we usually respond that the only “dumb” question is a question that the client fails to ask. Experienced lawyers know how to draw most important information from timid and unprepared clients, but the most - [Signing Documents Is a Big Deal](https://www.hawkinselderlaw.com/signing-documents-is-a-big-deal/) - Indiana is on the front line of a legal services technological revolution. LegalZoom is pushing a bill to allow electronic signatures of wills, trusts, powers of attorney, and other estate planning documents, while the Indiana Secretary of State driving an electronic notarization bill. Indiana State Bar Association members are working to fix serious defects in - [Hoosier Hospitals Should Stop Asking Patients about Living Wills](https://www.hawkinselderlaw.com/hoosier-hospitals-should-stop-asking-patients-about-living-wills/) - Employees of many Hoosier hospitals ask patients the same question during the admission process every day, “Do you have a living will?” This may surprise people, but a patient’s answer to that question does not matter because when a living will arrives at the hospital, it is “dead on arrival.” This article explains why Indiana’s - [Estate Planning Is More Than Forms](https://www.hawkinselderlaw.com/estate-planning-is-more-than-forms/) - [See our Disclaimers page about relying on this website’s contents.] Several years ago, our daughter’s kindergarten teacher shared with us a simplistic job description that our daughter gave to the class about her lawyer parents. When asked what her parents did for a living, our daughter said, “They type and click.” Many people have a - [Expect Good Lawyer’s Questions](https://www.hawkinselderlaw.com/expect-good-lawyers-questions/) - [See our Disclaimers page about relying on this website's contents.] The narrator of the 1948 detective movie, Naked City, gave this vivid description of the homicide detective’s painstaking investigative method: "An investigation for murder is under way now in the city of New York. It will advance methodically, by trial and error, by leg - [Estate Planning for Family Unity](https://www.hawkinselderlaw.com/estate-planning-for-family-unity/) - [See our Disclaimers page about relying on this website's contents.] Most people have experienced conflict or heard of families that have split after the death of an older family member. Conflicts are a natural part of life, but not all conflicts have to happen. This article describes some things that people can do to maintain - [Estate Planning Issues for Remarried People](https://www.hawkinselderlaw.com/estate-planning-issues-for-remarried-people/) - [See our Disclaimers page about relying on this website's contents.] Divorce and remarriage causes many estate plan complications. This article describes asset problems that some remarried couples encounter and suggests ways to avoid or reduce the hardships of those problems. A remarried person’s spouse and children may differ about who should receive the person’s assets - [Estate Planning: Avoiding Confusion](https://www.hawkinselderlaw.com/estate-planning-avoiding-confusion/) - [See our Disclaimers page about relying on this website's contents.] Many people who think of “probate” or an “estate” think of heirs arguing over a deceased person’s wealth. Thankfully, most estates are not contested and they lack Hollywood-style drama. Estate disputes usually involve unclearly worded wills or inconsistent statements about estate plan intentions from the - [Indiana Physician Orders for Scope of Treatment](https://www.hawkinselderlaw.com/indiana-physician-orders-for-scope-of-treatment/) - [See our Disclaimers page about relying on this website's contents.] What scares you most about growing old and dying? Everyone may answer the question differently, but a common theme we find among clients is the fear of being so disabled at the end of life that a person cannot participate in his or her final - [Giving Your Taxes to Charities](https://www.hawkinselderlaw.com/giving-your-taxes-to-charities/) - [See our Disclaimers page about relying on this website's contents.] We think about gift-giving during the holidays, but many people miss opportunities to give taxable dollars to their favorite tax-exempt churches, colleges, and poverty relief organizations. An entire segment to estate planning is dedicated to the process of helping people give money to charities and - [ABLE Act Passes Congress and Awaits Presidential Signature](https://www.hawkinselderlaw.com/able-act-passes-congress-and-awaits-presidential-signature/) - [See our Disclaimers page about relying on this website's contents.] Congress passed the Achieving a Better Life Experience Act (ABLE Act) today. The ABLE Act says that its purpose is to: (1) To encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality - [Business Planning To Boost Yields & Hedge Against Losses](https://www.hawkinselderlaw.com/business-planning-to-boost-yields-hedge-against-losses/) - [See our Disclaimers page about relying on this website's contents.] Many farmers have already planned their next crop by the time their fall harvest ends. With wildly variable grain and livestock market prices and input costs, pennies quickly add up to dollars – whether as expenses or revenue. Planning to reduce expenses and avoid losses - [Is Estate Planning For "Dummies?"](https://www.hawkinselderlaw.com/is-estate-planning-for-dummies/) - [See our Disclaimers page about relying on this website's contents.] Imagine if you could buy a do-it-yourself book by noted computer software guide author Dan Gookin entitled: Brain Surgery for Dummies. How about a book entitled: Bypass Surgery for Dummies? Such titles seem ridiculous, but today’s self-help society encourages people to read simple books and - [How Safe Is Your Investment?](https://www.hawkinselderlaw.com/how-safe-is-your-investment/) - [See our Disclaimers page about relying on this website's contents.] You’ve worked hard all your life, lived within your means, and saved as much as you could set aside for your retirement. Your children are grown and you qualify for senior citizen’s discounts at many restaurants. A burning question for you and many retirees is - [WILL VS. TRUST - Which Do You Need?](https://www.hawkinselderlaw.com/will-vs-trust-which-do-you-need/) - [See our Disclaimers page about relying on this website's contents.] Estate planning clients express surprise sometimes by our response to the question: “Do I need a will or trust?” We often respond: “Both!” Most plans should include will to ensure that assets pass to the intended beneficiaries. We always use a will in concert with - [Estate and Trust Beneficiary Expectations](https://www.hawkinselderlaw.com/estate-and-trust-beneficiary-expectations/) - [See our Disclaimers page about relying on this website's contents.] Hollywood must love the will opening “ceremony” because it has recycled the familiar scene repeatedly on the silver screen (Mommy Dearest, Brewster’s Millions, The Ultimate Gift, etc.). The plot usually either begins or climaxes when a lawyer announces that some unrelated person receives almost all - [Untouchable Stuff (Intangible Property)](https://www.hawkinselderlaw.com/untouchable-stuff-intangible-property/) - [See our Disclaimers page about relying on this website's contents.] Property can be “real property” or “personal property.” Real property (also called “real estate”) is land, including the sky above the land, the land’s surface, and everything attached permanently to it to the land, and everything located below the land’s surface. Personal property is everything - [Don't Let Observation Kill Your Medicare Coverage](https://www.hawkinselderlaw.com/dont-let-observation-kill-your-medicare-coverage/) - [See our Disclaimers page about relying on this website's contents.] Most people over age 65 expect Medicare and Medicare supplemental insurance to pay for hospital care and the cost of physical therapy. Tragically, many patients become stranded in a no-man’s-land where no insurance pays hospital or rehabilitation bills because of poor care management by healthcare - [Sign Here – But Beware](https://www.hawkinselderlaw.com/sign-here-but-beware/) - [See our Disclaimers page about relying on this website's contents.] We Americans are very agreeable people. We make agreements with hospitals and doctors to deliver our children and with funeral directors to bury our parents. Some simple agreements only require common knowledge. In other cases, however, seemingly simple agreements may have important, permanent consequences. It - [Avoid Crooks' Hooks](https://www.hawkinselderlaw.com/dont-get-hooked-by-crooks/) - [See our Disclaimers page about relying on this website's contents.] Swindlers and thieves have plagued the earth throughout time. Jesus was hung on a cross between two of them. They follow different paths into crime, but they all want the same thing – your money. If you don’t know the signs, they may sneak up - [Property Boundaries Can Shift – Where are Your Property Lines?](https://www.hawkinselderlaw.com/property-boundaries-can-shift-where-are-your-property-lines/) - [See our Disclaimers page about relying on this website's contents.] You wake up one morning to the sound of a lawn mower running just outside your window and discover that your neighbor is mowing your lawn. Should your response be: a.) thank your neighbor for this random act of kindness; b.) offer to pay your - [Estate Plan Checkups - You Probably Need One](https://www.hawkinselderlaw.com/estate-plan-checkups-you-probably-need-one/) - [See our Disclaimers page about relying on this website's contents.] Planning for death or nursing home care unnerves some people so much that they never reconsider their plans or they avoid planning altogether. Many people assume (incorrectly) that their wills or trusts need no updates. Laws and family situations change enough that 5-year-old wills and - [For How Long Should You Keep Records?](https://www.hawkinselderlaw.com/how-long-should-you-keep-records/) - [See our Disclaimers page about relying on this website's contents.] Clients ask from time to time how long they should keep copies of their records. They often say that they have heard that you should keep records for 3 years or 7 years or 10 years. This article provides record retention guidelines for various purposes - [Social Media Safety Tips](https://www.hawkinselderlaw.com/social-media-safety-tips/) - [See our Disclaimers page about relying on this website's contents.] Social media applications like Skype, FaceTime, Foursquare, YouTube, Facebook, Twitter, LinkedIn, Flickr, and Instagram have become valuable tools for businesses and nonprofit organizations to promote goods and services, for individuals to stay up-to-date on news and information, and for friends and family stay connected across ## Pages - [Home](https://www.hawkinselderlaw.com/) - Hawkins Elder Law PC Asset Protection & Estate Planning Counsel – Nursing Home Medicaid Solutions; – Experienced Guides for Peace of Mind - [E-Books, Definition Guides & Intake Forms](https://www.hawkinselderlaw.com/intake-forms/) - E-Books We use E-books to help clients understand the issues they want us to help them address. Check back here for future opportunities to download copies of some of our E-books. Definition Guides Some of the trust agreements and last wills and testaments we prepare for our clients use words we have defined in the - [Privacy Policy, Engagement Requirements, & Disclaimer About Reliance on Website Content](https://www.hawkinselderlaw.com/disclaimers/) - Please read these important statements about the Hawkins Elder Law privacy policy and Hawkins Elder Law engagement requirements before relying on information displayed on this website or contacting Hawkins Elder Law: Hawkins Elder Law preserves and protects its clients' privacy and confidential information in accordance with Rule 1.6 of the Indiana Rules of Professional Conduct - [How Can We Help You?](https://www.hawkinselderlaw.com/contact-us/) - Tell us about your situation and how we can assist you. We help individuals and families navigate elder law and Medicaid planning decisions with clarity and confidence. Complete the contact form below to request a consultation and discuss your options. Prefer to speak with someone? Call 812-268-8777. Our receptionist will take a brief message, and - [Jeff R. Hawkins](https://www.hawkinselderlaw.com/jeff-hawkins/) - Download vCard Lawyer Jeff Hawkins | Top Attorney Estate Planning Education BS Business, 1988, Kelley School of Business, Indiana University, Bloomington, Indiana JD, 1992, Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky Bar Admissions Indiana and United States District Court Northern & Southern Districts of Indiana, 1992; and Illinois, 2012 Memberships American - [Elder Law](https://www.hawkinselderlaw.com/elder-law/) - Nursing Home Care is Expensive! The Indiana Family & Social Services Administration (FSSA) reported that the state’s average monthly nursing home cost was $7,496 ($89,952 per year) as of July 1, 2023. Except for the period from January 1, 2019, to June 30, 2020, the cost increased at an average inflation rate of just under - [Jennifer Hawkins](https://www.hawkinselderlaw.com/jennifer-hawkins/) - Download vCard Education BME, 1988, Jacobs School of Music, Indiana University, Bloomington, Indiana JD, 1992, Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky Bar Admissions Indiana State Bar, 1992 United States District Court, Northern District of Indiana, 1992 United States District Court, Southern District of Indiana, 1992 Memberships Indiana State Bar Association:Probate, - [Business Law](https://www.hawkinselderlaw.com/business-law/) - Start-Ups Much of the business world lives under the survival of the fittest rule. Many business start-ups fail because founders ask the wrong questions or overlook avoidable problems. Successful businesses solve problems that stump competitors and avoid mistakes that kill other ventures at the starting gate. A business lawyer’s job is to help the client - [Estate Planning](https://www.hawkinselderlaw.com/estate-planning/) - What is an Estate Plan? An estate plan is a system that determines what will happen to you and your property if health issues disable you during your lifetime and who will receive your assets when you die. Everyone has an estate plan. If you do not make a will, trust, appointment of health care - [Beware of Health Fraud Scams](https://www.hawkinselderlaw.com/beware-of-health-fraud-scams/) - Health fraud scammers have endangered the lives of sick and injured people for centuries. Modern scammers advertise on television, radio, newspapers, in-person seminars, and social media. This article provides quotes and links to U. S. Food and Drug Administration (FDA) articles and videos to help people avoid these scams. General Warnings The FDA says in - [History](https://www.hawkinselderlaw.com/about-us/) - Hawkins Elder Law is the elder law practice of husband and wife lawyers Jeff R. Hawkins and Jennifer J. Hawkins that began more than two decades ago. They have built a boutique law firm that focuses primarily on four subjects in Indiana and Illinois: Elder Law (advance planning to protect assets from the costs of nursing ## Categories - [Uncategorized](https://www.hawkinselderlaw.com/category/uncategorized/) - [Estate Planning](https://www.hawkinselderlaw.com/category/estate-planning/) - [Elder Law](https://www.hawkinselderlaw.com/category/elder-law/) - [Business](https://www.hawkinselderlaw.com/category/business/) - [Mediation](https://www.hawkinselderlaw.com/category/dispute-resolution/mediation/) - [Farm Law](https://www.hawkinselderlaw.com/category/business/farm-law/) - [Charitable Giving](https://www.hawkinselderlaw.com/category/estate-planning/charitable-giving/) - [Tax Planning](https://www.hawkinselderlaw.com/category/estate-planning/tax-planning/) - [Succession Planning](https://www.hawkinselderlaw.com/category/business/succession-planning/) - [Last Will and Testament](https://www.hawkinselderlaw.com/category/estate-planning/last-will-and-testament/) - [Power of Attorney](https://www.hawkinselderlaw.com/category/estate-planning/power-of-attorney/) - [Estate](https://www.hawkinselderlaw.com/category/estate-planning/estate/) - [Trust](https://www.hawkinselderlaw.com/category/estate-planning/trust/) - [Deed](https://www.hawkinselderlaw.com/category/real-estate/deed/) - [TOD](https://www.hawkinselderlaw.com/category/estate-planning/tod/) - [POD](https://www.hawkinselderlaw.com/category/estate-planning/pod/) - [IRA](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/ira/) - An individual retirement account (IRA) is a kind of retirement plan. - [401(k)](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/401k/) - A 401(k) is an employer-sponsored retirement plan established under Section 401(k) of the US Internal Revenue Code. Typically, an employer will pay some of an employee’s compensation into the 401(k) plan, and the employee direct the employer to provide additional sums of compensation through the 401(k) plan instead of paying the employee directly. Some employers match employee contributions to the 401(k) plan by some matching ratio. Assets invested in a 401(k) plan grow on a tax-deferred basis, but the employee must pay income taxes on all amounts withdrawn from the plan. Some employers offer Roth 401(k) plans, which have some of the same characteristics as Roth IRAs. See the Roth IRA category for more information. Usually, an employee will “rollover” a 401(k) into a traditional IRA account upon termination of the employee’s employment. - [Roth IRA](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/roth-ira/) - A Roth IRA is an IRA to which the owner contributes money on which the owner has already paid income taxes. By comparison, and owner contributes to a traditional IRA money on which the owner has not paid income taxes, either as through payroll withholdings by an employer or as IRA contribution income tax deductions. - [403(b)](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/403b/) - A 403(b) plan is a kind of employer-sponsored retirement plan in which the employer contributes part of the employee’s compensation into a qualified annuity. The contributed funds grow on a tax-deferred basis until the employee withdraws the contributions, and then the employee must pay income taxes on the withdrawals. - [Retirement Plan](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/) - [Required Minimum Distributions](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/required-minimum-distributions/) - Required minimum distributions (RMDs) are minimum withdrawals that federal tax law requires a retirement plan owner or the owner’s designated beneficiary to take after the required beginning date (RBD). The RBD for for a plan owner in 2019 is 70 1/2 years of age. The RMD is normally calculated to withdraw the retirement plan over the life expectancy of the person that is required to take RMDs. In some circumstances, the period for calculation of RMD is shorter than the person’s life expectancy. - [Beneficiary Designation](https://www.hawkinselderlaw.com/category/estate-planning/beneficiary-designation/) - [Annuity](https://www.hawkinselderlaw.com/category/estate-planning/annuity/) - [Life Insurance](https://www.hawkinselderlaw.com/category/estate-planning/life-insurance/) - [Joint Bank Account](https://www.hawkinselderlaw.com/category/estate-planning/joint-bank-account/) - [Probate](https://www.hawkinselderlaw.com/category/estate-planning/probate/) - [Executor](https://www.hawkinselderlaw.com/category/estate-planning/executor/) - [Trustee](https://www.hawkinselderlaw.com/category/estate-planning/trustee/) - [Medicaid](https://www.hawkinselderlaw.com/category/elder-law/medicaid/) - [Guardianship](https://www.hawkinselderlaw.com/category/elder-law/guardianship/) - [Nursing home](https://www.hawkinselderlaw.com/category/elder-law/nursing-home/) - [Medicare](https://www.hawkinselderlaw.com/category/elder-law/medicare/) - [Social Security](https://www.hawkinselderlaw.com/category/elder-law/social-security/) - [Home healthcare](https://www.hawkinselderlaw.com/category/elder-law/home-healthcare/) - [Dementia](https://www.hawkinselderlaw.com/category/elder-law/dementia/) - [Elder abuse](https://www.hawkinselderlaw.com/category/elder-law/elder-abuse/) - [Alzheimer's](https://www.hawkinselderlaw.com/category/elder-law/alzheimers/) - [Parkinson's disease](https://www.hawkinselderlaw.com/category/elder-law/parkinsons-disease/) - [Assisted living](https://www.hawkinselderlaw.com/category/elder-law/assisted-living/) - [Feeding tube](https://www.hawkinselderlaw.com/category/elder-law/feeding-tube/) - [Long-term care](https://www.hawkinselderlaw.com/category/elder-law/long-term-care/) - [Long-term care insurance](https://www.hawkinselderlaw.com/category/elder-law/long-term-care-insurance/) - [Lookback period](https://www.hawkinselderlaw.com/category/elder-law/lookback-period/) - [Transfer penalty](https://www.hawkinselderlaw.com/category/elder-law/transfer-penalty/) - [Gift](https://www.hawkinselderlaw.com/category/elder-law/gift/) - [Miller trust](https://www.hawkinselderlaw.com/category/elder-law/miller-trust/) - [Special needs trust](https://www.hawkinselderlaw.com/category/elder-law/special-needs-trust/) - [Testamentary Trust](https://www.hawkinselderlaw.com/category/estate-planning/testamentary-trust/) - [Irrevocable trust](https://www.hawkinselderlaw.com/category/estate-planning/irrevocable-trust/) - [Life Prolonging Procedures](https://www.hawkinselderlaw.com/category/estate-planning/life-prolonging-procedures/) - [Advance Directives](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/) - [Physicians Orders for Scope of Treatment](https://www.hawkinselderlaw.com/category/elder-law/physician-orders-for-scope-of-treatment/) - [POST](https://www.hawkinselderlaw.com/category/elder-law/post/) - [POLST](https://www.hawkinselderlaw.com/category/elder-law/polst/) - [Stroke](https://www.hawkinselderlaw.com/category/elder-law/stroke/) - [529 plan](https://www.hawkinselderlaw.com/category/estate-planning/529-plan/) - [Able Act](https://www.hawkinselderlaw.com/category/estate-planning/able-act/) - [Disability](https://www.hawkinselderlaw.com/category/elder-law/disability/) - [Assistive technology](https://www.hawkinselderlaw.com/category/elder-law/assistive-technology/) - [Qualified disability expenses](https://www.hawkinselderlaw.com/category/elder-law/qualified-disability-expenses/) - [Tax-free Plan Distributions](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/tax-free-plan-distributions/) - A Roth IRA owner may withdraw Roth IRA funds tax-free after age 59 1/2. The Roth IRA owner’s designated beneficiaries can also withdraw Roth IRA funds tax-free after the IRA owner’s death. Also, if a traditional IRA owner designates a charity is an IRA beneficiary or makes Qualified Charitable Distributions, the charity receives the distributions free of tax. - [Personal support services](https://www.hawkinselderlaw.com/category/elder-law/personal-support-services/) - [Savings Plan](https://www.hawkinselderlaw.com/category/estate-planning/savings-plan/) - [Deposit Insurance](https://www.hawkinselderlaw.com/category/estate-planning/banking/deposit-insurance/) - [Qualified annuity](https://www.hawkinselderlaw.com/category/estate-planning/annuity/qualified-annuity/) - [Trusts and Estates](https://www.hawkinselderlaw.com/category/trusts-and-estates/) - [Will contest](https://www.hawkinselderlaw.com/category/trusts-and-estates/will-contest/) - [Contested Estate](https://www.hawkinselderlaw.com/category/trusts-and-estates/contested-estate/) - [Undue influence](https://www.hawkinselderlaw.com/category/trusts-and-estates/undue-influence/) - [Executor](https://www.hawkinselderlaw.com/category/trusts-and-estates/executor-trusts-and-estates/) - 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[Salvation Army](https://www.hawkinselderlaw.com/category/community-investment/salvation-army/) - [Revive Sullivan](https://www.hawkinselderlaw.com/category/community-investment/revive-sullivan/) - [Brown Bagger School Food Program](https://www.hawkinselderlaw.com/category/community-investment/brown-bagger-school-food-program/) - [Christmas Forkids Sullivan](https://www.hawkinselderlaw.com/category/community-investment/christmas-forkids-sullivan/) - [Christmas in the Park”](https://www.hawkinselderlaw.com/category/community-investment/christmas-in-the-park/) - [Integrity](https://www.hawkinselderlaw.com/category/integrity/) - [Family Resources](https://www.hawkinselderlaw.com/category/family-resources/) - [Family Archives](https://www.hawkinselderlaw.com/category/family-resources/family-archives/) - [Legacy](https://www.hawkinselderlaw.com/category/family-resources/legacy/) - [Christmas](https://www.hawkinselderlaw.com/category/christmas/) - [Health Savings Account](https://www.hawkinselderlaw.com/category/estate-planning/health-savings-account/) - [Affordable Care Act](https://www.hawkinselderlaw.com/category/estate-planning/affordable-care-act/) - [Section 179 Asset Purchases](https://www.hawkinselderlaw.com/category/business/section-179-asset-purchases/) - [Income Tax](https://www.hawkinselderlaw.com/category/irs/income-tax/) - [Charitable Tax Deduction](https://www.hawkinselderlaw.com/category/irs/charitable-tax-deduction/) - [Income Tax Return](https://www.hawkinselderlaw.com/category/irs/income-tax-return/) - [Healthcare Representative](https://www.hawkinselderlaw.com/category/estate-planning/healthcare-representative/) - [Department of Veterans Affairs](https://www.hawkinselderlaw.com/category/elder-law/department-of-veterans-affairs/) - [Aid and Attendance](https://www.hawkinselderlaw.com/category/elder-law/department-of-veterans-affairs/aid-and-attendance/) - [Corporation](https://www.hawkinselderlaw.com/category/business/corporation/) - [Limited Liability Company](https://www.hawkinselderlaw.com/category/business/limited-liability-bompany/) - [Asset Beneficiary Label](https://www.hawkinselderlaw.com/category/estate-planning/asset-beneficiary-label/) - [QLAC](https://www.hawkinselderlaw.com/category/estate-planning/annuity/qlac/) - [Real Estate Partition](https://www.hawkinselderlaw.com/category/real-estate/real-estate-partition/) - [Farm](https://www.hawkinselderlaw.com/category/farm/) - [Family Farm](https://www.hawkinselderlaw.com/category/farm/family-farm/) - [Farmland](https://www.hawkinselderlaw.com/category/farm/farmland/) - [LLC](https://www.hawkinselderlaw.com/category/business/llc/) - [Asset Protection](https://www.hawkinselderlaw.com/category/estate-planning/asset-protection/) - [Grief and Loss](https://www.hawkinselderlaw.com/category/grief-and-loss/) - [Grief Counseling](https://www.hawkinselderlaw.com/category/grief-and-loss/grief-counseling/) - [5 Stages of Loss](https://www.hawkinselderlaw.com/category/grief-and-loss/5-stages-of-loss/) - [Cancer](https://www.hawkinselderlaw.com/category/grief-and-loss/cancer/) - [Negotiated Settlement](https://www.hawkinselderlaw.com/category/dispute-resolution/mediation/negotiated-settlement/) - [Contract](https://www.hawkinselderlaw.com/category/business/contract/) - [Contract litigation](https://www.hawkinselderlaw.com/category/business/contract-litigation/) - [Covenant not to compete](https://www.hawkinselderlaw.com/category/business/covenant-not-to-compete/) - [Contract negotiation](https://www.hawkinselderlaw.com/category/business/contract-negotiation/) - [Child Care](https://www.hawkinselderlaw.com/category/estate-planning/child-care/) - [Estate Tax](https://www.hawkinselderlaw.com/category/trusts-and-estates/estate-tax/) - [Digital Assets](https://www.hawkinselderlaw.com/category/estate-planning/digital-assets/) - [Economy](https://www.hawkinselderlaw.com/category/economy/) - [European Union](https://www.hawkinselderlaw.com/category/economy/european-union/) - [Federal Reserve](https://www.hawkinselderlaw.com/category/economy/federal-reserve/) - [Brexit](https://www.hawkinselderlaw.com/category/economy/brexit/) - [Great Recession](https://www.hawkinselderlaw.com/category/economy/great-recession/) - [NOTICE Act](https://www.hawkinselderlaw.com/category/elder-law/notice-act/) - [physical rehabilitation](https://www.hawkinselderlaw.com/category/elder-law/physical-rehabilitation/) - [CARE Act](https://www.hawkinselderlaw.com/category/elder-law/care-act/) - [Pour-Over Will](https://www.hawkinselderlaw.com/category/estate-planning/pour-over-will/) - [Spousal Impoverishment](https://www.hawkinselderlaw.com/category/elder-law/spousal-impoverishment/) - [Corporate Stock](https://www.hawkinselderlaw.com/category/estate-planning/corporate-stock/) - [US Savings Bonds](https://www.hawkinselderlaw.com/category/estate-planning/us-savings-bonds/) - [Funeral Planning Declaration](https://www.hawkinselderlaw.com/category/elder-law/funeral-planning-declaration/) - [Living Will Declaration](https://www.hawkinselderlaw.com/category/estate-planning/living-will-declaration/) - [Organ Donation](https://www.hawkinselderlaw.com/category/estate-planning/organ-donation/) - [Religious Rituals](https://www.hawkinselderlaw.com/category/culture-society/faith-religion/religious-rituals/) - [Quality of Life](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/quality-of-life-advance-directives/) - [End of Life Decisions](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/end-of-life-decisions/) - [Spiritual Convictions](https://www.hawkinselderlaw.com/category/culture-society/faith-religion/spiritual-convictions/) - [Veterans benefits](https://www.hawkinselderlaw.com/category/elder-law/veterans-benefits/) - [Social Security Disability](https://www.hawkinselderlaw.com/category/elder-law/social-security-disability/) - [SSI](https://www.hawkinselderlaw.com/category/elder-law/ssi/) - [Tax Return Filing Requirements](https://www.hawkinselderlaw.com/category/irs/tax-return-filing-requirements/) - [Tax Evasion](https://www.hawkinselderlaw.com/category/irs/tax-evasion/) - [Tax Fraud](https://www.hawkinselderlaw.com/category/irs/tax-fraud/) - [Funeral Planning](https://www.hawkinselderlaw.com/category/estate-planning/funeral-planning/) - [Buy-Sell Agreement](https://www.hawkinselderlaw.com/category/business/buy-sell-agreement/) - [Aged and Disabled Waiver](https://www.hawkinselderlaw.com/category/elder-law/aged-and-disabled-waiver/) - [Assisted Living Waiver](https://www.hawkinselderlaw.com/category/elder-law/assisted-living-waiver/) - [Craftsmen Lawyers](https://www.hawkinselderlaw.com/category/law-and-justice/craftsmen-lawyers/) - [Trust Protector](https://www.hawkinselderlaw.com/category/estate-planning/trust-protector/) - [Attorney-Client Privilege](https://www.hawkinselderlaw.com/category/law-and-justice/attorney-client-privilege/) - [Conflict of Interest](https://www.hawkinselderlaw.com/category/law-and-justice/conflict-of-interest/) - [ABLE Act](https://www.hawkinselderlaw.com/category/elder-law/able-act-elder-law/) - [Attorney-Client Relationship](https://www.hawkinselderlaw.com/category/law-and-justice/attorney-client-relationship/) - [Privacy](https://www.hawkinselderlaw.com/category/law-and-justice/privacy/) - [Confidentiality](https://www.hawkinselderlaw.com/category/law-and-justice/confidentiality/) - [Attorney Fee](https://www.hawkinselderlaw.com/category/law-and-justice/attorney-fee/) - [Engagement Agreement](https://www.hawkinselderlaw.com/category/law-and-justice/engagement-agreement/) - [Initial Attorney-Client Meeting](https://www.hawkinselderlaw.com/category/law-and-justice/initial-attorney-client-meeting/) - [Electronic Estate Plan Signatures](https://www.hawkinselderlaw.com/category/estate-planning/electronic-estate-plan-signatures/) - [Mental Capacity](https://www.hawkinselderlaw.com/category/estate-planning/mental-capacity/) - [Encroachment](https://www.hawkinselderlaw.com/category/real-estate/encroachment/) - [Adverse Possession](https://www.hawkinselderlaw.com/category/real-estate/adverse-possession/) - [Boundary Dispute](https://www.hawkinselderlaw.com/category/real-estate/boundary-dispute/) - [Survey](https://www.hawkinselderlaw.com/category/real-estate/survey/) - [Boundary Location Agreement](https://www.hawkinselderlaw.com/category/real-estate/boundary-location-agreement/) - [Divorce](https://www.hawkinselderlaw.com/category/estate-planning/divorce/) - [Indiana e-filing](https://www.hawkinselderlaw.com/category/law-and-justice/indiana-e-filing/) - [Courts](https://www.hawkinselderlaw.com/category/law-and-justice/courts/) - [Lawsuit](https://www.hawkinselderlaw.com/category/law-and-justice/lawsuit/) - [Prepaid Funeral](https://www.hawkinselderlaw.com/category/elder-law/prepaid-funeral/) - [Obama Care](https://www.hawkinselderlaw.com/category/economy/obama-care/) - [Health Savings Accounts (HSAs)](https://www.hawkinselderlaw.com/category/estate-planning/health-savings-accounts-hsas/) - [DD 214](https://www.hawkinselderlaw.com/category/elder-law/veterans-benefits/dd-214/) - [Health Records](https://www.hawkinselderlaw.com/category/elder-law/health-records/) - [Financial Records](https://www.hawkinselderlaw.com/category/estate-planning/financial-records/) - [Reverse Mortgage](https://www.hawkinselderlaw.com/category/elder-law/reverse-mortgage/) - [Centers for Medicare & Medicaid Services (CMS)](https://www.hawkinselderlaw.com/category/elder-law/centers-for-medicare-medicaid-services-cms/) - [Healthcare System](https://www.hawkinselderlaw.com/category/elder-law/healthcare-system/) - [Culture & Society](https://www.hawkinselderlaw.com/category/culture-society/) - [Baby Boomer Generation](https://www.hawkinselderlaw.com/category/culture-society/baby-boomer-generation/) - [Generation X](https://www.hawkinselderlaw.com/category/culture-society/generation-x/) - [Millennial Generation](https://www.hawkinselderlaw.com/category/culture-society/millennial-generation/) - [Political Party](https://www.hawkinselderlaw.com/category/culture-society/political-party/) - [Faith & Religion](https://www.hawkinselderlaw.com/category/culture-society/faith-religion/) - [Customer Service](https://www.hawkinselderlaw.com/category/business/customer-service/) - [Marketing](https://www.hawkinselderlaw.com/category/business/marketing/) - [Transaction Confirmation](https://www.hawkinselderlaw.com/category/business/transaction-confirmation/) - [Medicaid Planning Advice](https://www.hawkinselderlaw.com/category/elder-law/medicaid-planning-advice/) - [Pre-Transaction Document Examination](https://www.hawkinselderlaw.com/category/estate-planning/pre-transaction-document-examination/) - [Advice of Elder Law Counsel](https://www.hawkinselderlaw.com/category/elder-law/advice-of-elder-law-counsel/) - [Protective Trust](https://www.hawkinselderlaw.com/category/estate-planning/trust/protective-trust/) - [Senior Consumer](https://www.hawkinselderlaw.com/category/elder-law/elder-exploitation/senior-consumer/) - [Financial Exploitation](https://www.hawkinselderlaw.com/category/elder-law/elder-exploitation/financial-exploitation/) - [Misrepresentation](https://www.hawkinselderlaw.com/category/elder-law/elder-exploitation/misrepresentation/) - [Deception](https://www.hawkinselderlaw.com/category/elder-law/elder-exploitation/deception/) - [Intimidation](https://www.hawkinselderlaw.com/category/elder-law/elder-abuse/intimidation/) - [Lead Paint Disclosure](https://www.hawkinselderlaw.com/category/real-estate/lead-paint-disclosure/) - [Seller's Residential Real Estate Sales Disclosure](https://www.hawkinselderlaw.com/category/real-estate/sellers-residential-real-estate-sales-disclosure/) - [Environmental Protection Agency](https://www.hawkinselderlaw.com/category/real-estate/environmental-protection-agency/) - [Title Company](https://www.hawkinselderlaw.com/category/real-estate/title-company/) - [Real Estate Closing](https://www.hawkinselderlaw.com/category/real-estate/real-estate-closing/) - [Offer to Purchase Real Estate](https://www.hawkinselderlaw.com/category/real-estate/offer-to-purchase-real-estate/) - [Counteroffer](https://www.hawkinselderlaw.com/category/real-estate/counteroffer/) - [Earnest Money](https://www.hawkinselderlaw.com/category/real-estate/earnest-money/) - [GIS](https://www.hawkinselderlaw.com/category/real-estate/gis/) - [Real Estate Appraiser](https://www.hawkinselderlaw.com/category/real-estate/real-estate-appraiser/) - [Home Inspection](https://www.hawkinselderlaw.com/category/real-estate/home-inspection/) - [Closing Costs](https://www.hawkinselderlaw.com/category/real-estate/closing-costs/) - [Bank Financing](https://www.hawkinselderlaw.com/category/real-estate/bank-financing/) - [Sales Disclosure Form](https://www.hawkinselderlaw.com/category/real-estate/sales-disclosure-form/) - [Settlement Statement](https://www.hawkinselderlaw.com/category/real-estate/settlement-statement/) - [Form 1099-S](https://www.hawkinselderlaw.com/category/real-estate/form-1099-s/) - [Property Tax Proration](https://www.hawkinselderlaw.com/category/real-estate/property-tax-proration/) - [Guardian of the Person](https://www.hawkinselderlaw.com/category/estate-planning/guardian-of-the-person/) - [Fiduciary](https://www.hawkinselderlaw.com/category/estate-planning/fiduciary-estate-planning/) - [#BabyBoomersRetire](https://www.hawkinselderlaw.com/category/estate-planning/babyboomersretire/) - [#PlanningforLongevity](https://www.hawkinselderlaw.com/category/estate-planning/planningforlongevity/) - [Indiana Secretary of State](https://www.hawkinselderlaw.com/category/business/indiana-secretary-of-state/) - [Administrative Dissolution](https://www.hawkinselderlaw.com/category/business/administrative-dissolution/) - [Entity Reinstatement](https://www.hawkinselderlaw.com/category/business/entity-reinstatement/) - [Indiana Department of Revenue](https://www.hawkinselderlaw.com/category/business/indiana-department-of-revenue/) - [Application for Reinstatement](https://www.hawkinselderlaw.com/category/business/application-for-reinstatement/) - [Nonprofit Corporation](https://www.hawkinselderlaw.com/category/business/nonprofit-corporation/) - [Nonprofit LLC](https://www.hawkinselderlaw.com/category/business/nonprofit-llc/) - [Registered Agent](https://www.hawkinselderlaw.com/category/business/registered-agent/) - [Observation Status](https://www.hawkinselderlaw.com/category/elder-law/hospital/observation-status/) - [Inpatient Status](https://www.hawkinselderlaw.com/category/elder-law/hospital/inpatient-status/) - [Medicare supplemental insurance](https://www.hawkinselderlaw.com/category/elder-law/medicare/medicare-supplemental-insurance/) - [Admission](https://www.hawkinselderlaw.com/category/elder-law/hospital/admission/) - [100 days](https://www.hawkinselderlaw.com/category/elder-law/medicare/100-days/) - [Rehabilitation Facility](https://www.hawkinselderlaw.com/category/elder-law/rehabilitation-facility/) - [Appointment of Health Care Representative](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/appointment-of-health-care-representative/) - [Living Will Declaration](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/living-will-declaration-advance-directives/) - [Health Care Power of Attorney](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/health-care-power-of-attorney/) - [Physician Orders for Scope of Treatment](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/physician-orders-for-scope-of-treatment-advance-directives/) - [POST](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/post-advance-directives/) - [Anatomical Gifts](https://www.hawkinselderlaw.com/category/elder-law/advance-directives/anatomical-gifts/) - [Institutional Spouse](https://www.hawkinselderlaw.com/category/elder-law/spousal-impoverishment/institutional-spouse/) - The institutional spouse is the spouse that applies for Medicaid if the other spouse does not need Medicaid. - [Snapshot Date](https://www.hawkinselderlaw.com/category/elder-law/spousal-impoverishment/snapshot-date/) - The snapshot date is the institutional spouse’s first day of a continuous 30-day period of in-patient care in one or more health care facilities. - [Snapshot Value](https://www.hawkinselderlaw.com/category/elder-law/spousal-impoverishment/snapshot-value/) - The snapshot value is the value of a married couple’s total countable resources on the institutional spouse’s snapshot date. - [Resources](https://www.hawkinselderlaw.com/category/elder-law/medicaid/resources/) - Medicaid resources are non-exempt assets that count toward a Medicaid applicant’s resource limit for Medicaid eligibility. - [Institutional Spouse Resource Allowance](https://www.hawkinselderlaw.com/category/elder-law/spousal-impoverishment/institutional-spouse-resource-allowance/) - The institutional spouse’s resource allowance is the maximum value of resources that the institutional spouse can have to qualify for Medicaid. - [Community Spouse Resource Allowance](https://www.hawkinselderlaw.com/category/elder-law/spousal-impoverishment/community-spouse-resource-allowance/) - The community spouse’s resource allowance is the maximum value of resources that the community spouse can own without disqualifying the institutional spouse for Medicaid benefits. The limit is the smaller value of 50% of the snapshot value or a maximum value that the US government adjust most years for the rising cost of living. - [Family and Social Services Administration](https://www.hawkinselderlaw.com/category/elder-law/family-and-social-services-administration/) - The Family and Social Services Administration administers Indiana’s Medicaid System. - [Qualified Charitable Distribution](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/qualified-charitable-distribution/) - A Qualified Charitable Distribution (QCD) is a direct transfer from a traditional IRA to a charitable beneficiary. A QCD qualifies for the IRA owner’s required minimum distribution and the charity receives the QCD free of tax. - [Required Beginning Date](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/required-beginning-date/) - [RBD](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/rbd/) - [Designated Beneficiary](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/designated-beneficiary/) - [Health Care](https://www.hawkinselderlaw.com/category/elder-law/health-care/) - [disabled adult child](https://www.hawkinselderlaw.com/category/elder-law/disabled-adult-child/) - [ARC of Indiana](https://www.hawkinselderlaw.com/category/elder-law/arc-of-indiana/) - [Organ Transplant](https://www.hawkinselderlaw.com/category/estate-planning/organ-donation/organ-transplant/) - [Indiana State Bar Association](https://www.hawkinselderlaw.com/category/law-and-justice/indiana-state-bar-association/) - [Probate Trust & Real Property Section](https://www.hawkinselderlaw.com/category/law-and-justice/indiana-state-bar-association/probate-trust-real-property-section/) - [Service Animal](https://www.hawkinselderlaw.com/category/elder-law/service-animal/) - [Assistance Animal](https://www.hawkinselderlaw.com/category/elder-law/assistance-animal/) - [Americans with Disabilities Act](https://www.hawkinselderlaw.com/category/elder-law/americans-with-disabilities-act/) - [Department of Justice](https://www.hawkinselderlaw.com/category/law-and-justice/department-of-justice/) - [Department of Housing and Urban Development](https://www.hawkinselderlaw.com/category/real-estate/department-of-housing-and-urban-development/) - [DoJ](https://www.hawkinselderlaw.com/category/law-and-justice/doj/) - [HUD](https://www.hawkinselderlaw.com/category/real-estate/hud/) - [ADA](https://www.hawkinselderlaw.com/category/elder-law/ada/) - [Fair Housing Act](https://www.hawkinselderlaw.com/category/real-estate/fair-housing-act/) - [Department of Veterans Affairs](https://www.hawkinselderlaw.com/category/elder-law/veterans-benefits/department-of-veterans-affairs-veterans-benefits/) - [Emotional Support Animal](https://www.hawkinselderlaw.com/category/elder-law/assistance-animal/emotional-support-animal/) - [Allergy Detection Dogs](https://www.hawkinselderlaw.com/category/elder-law/service-animal/allergy-detection-dogs/) - [Seizure Dogs](https://www.hawkinselderlaw.com/category/elder-law/service-animal/seizure-dogs/) - [Fair Housing Act](https://www.hawkinselderlaw.com/category/law-and-justice/fair-housing-act-law-and-justice/) - [Landlord](https://www.hawkinselderlaw.com/category/real-estate/landlord/) - [Tenant](https://www.hawkinselderlaw.com/category/real-estate/tenant/) - [Advance Health Care Directive](https://www.hawkinselderlaw.com/category/estate-planning/advance-health-care-directive/) - [Rights of Survivorship](https://www.hawkinselderlaw.com/category/estate-planning/rights-of-survivorship/) - [Transfer on Death](https://www.hawkinselderlaw.com/category/estate-planning/transfer-on-death/) - [Legal Separation](https://www.hawkinselderlaw.com/category/elder-law/legal-separation/) - [Marriage Dissolution](https://www.hawkinselderlaw.com/category/elder-law/marriage-dissolution/) - [Congress](https://www.hawkinselderlaw.com/category/law-and-justice/congress/) - [SECURE Act](https://www.hawkinselderlaw.com/category/estate-planning/retirement-plan/secure-act/) - [Baby Boomer](https://www.hawkinselderlaw.com/category/economy/baby-boomer/) - [Qualified Education Expense](https://www.hawkinselderlaw.com/category/estate-planning/529-plan/qualified-education-expense/) - [COVID-19](https://www.hawkinselderlaw.com/category/culture-society/covid-19/) - [Undo Influence](https://www.hawkinselderlaw.com/category/fraud/undo-influence/) - [Indiana Supreme Court](https://www.hawkinselderlaw.com/category/law-and-justice/indiana-supreme-court/) - [Coronavirus](https://www.hawkinselderlaw.com/category/culture-society/coronavirus/) - [Electronic Estate Planning](https://www.hawkinselderlaw.com/category/estate-planning/electronic-estate-planning/) - [Public Health](https://www.hawkinselderlaw.com/category/culture-society/public-health/) - [Centers for Disease Control (CDC)](https://www.hawkinselderlaw.com/category/culture-society/centers-for-disease-control-cdc/) - [Church Liability](https://www.hawkinselderlaw.com/category/culture-society/faith-religion/church-liability/) - [Separation of Church and State](https://www.hawkinselderlaw.com/category/culture-society/faith-religion/separation-of-church-and-state/) - [First Amendment](https://www.hawkinselderlaw.com/category/law-and-justice/first-amendment/) - [Communities of Faith](https://www.hawkinselderlaw.com/category/culture-society/faith-religion/communities-of-faith/) - [Medicaid Fraud](https://www.hawkinselderlaw.com/category/elder-law/medicaid/medicaid-fraud/) - [Personal Business Records](https://www.hawkinselderlaw.com/category/estate-planning/personal-business-records/) - [Pay on Death](https://www.hawkinselderlaw.com/category/estate-planning/pay-on-death/) - [JTEN](https://www.hawkinselderlaw.com/category/estate-planning/jten/) - [Insurance](https://www.hawkinselderlaw.com/category/estate-planning/insurance/) - [HCBS](https://www.hawkinselderlaw.com/category/elder-law/hcbs/) - [Home and Community-Based Services](https://www.hawkinselderlaw.com/category/elder-law/hcbs/home-and-community-based-services/) - [Pathways](https://www.hawkinselderlaw.com/category/elder-law/medicaid/pathways/) ## Tags - [Congress](https://www.hawkinselderlaw.com/tag/congress/) - [ABLE Act](https://www.hawkinselderlaw.com/tag/able-act/) - [disability](https://www.hawkinselderlaw.com/tag/disability/) - [Medicaid](https://www.hawkinselderlaw.com/tag/medicaid/) - [Social Security](https://www.hawkinselderlaw.com/tag/social-security/) - [private insurance](https://www.hawkinselderlaw.com/tag/private-insurance/) - [section 529](https://www.hawkinselderlaw.com/tag/section-529/) - [college savings plan](https://www.hawkinselderlaw.com/tag/college-savings-plan/) - [qualified disability expenses](https://www.hawkinselderlaw.com/tag/qualified-disability-expenses/) - [designated beneficiary](https://www.hawkinselderlaw.com/tag/designated-beneficiary/) - [education](https://www.hawkinselderlaw.com/tag/education/) - [housing](https://www.hawkinselderlaw.com/tag/housing/) - [transportation](https://www.hawkinselderlaw.com/tag/transportation/) - [employment training and support](https://www.hawkinselderlaw.com/tag/employment-training-and-support/) - [assistive technology and personal support services](https://www.hawkinselderlaw.com/tag/assistive-technology-and-personal-support-services/) - [health](https://www.hawkinselderlaw.com/tag/health/) - [prevention and wellness](https://www.hawkinselderlaw.com/tag/prevention-and-wellness/) - [financial management and administrative services](https://www.hawkinselderlaw.com/tag/financial-management-and-administrative-services/) - [legal fees](https://www.hawkinselderlaw.com/tag/legal-fees/) - [expenses for oversight and monitoring](https://www.hawkinselderlaw.com/tag/expenses-for-oversight-and-monitoring/) - [funeral and burial expenses](https://www.hawkinselderlaw.com/tag/funeral-and-burial-expenses/) - 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[Anatomical Gifts](https://www.hawkinselderlaw.com/tag/anatomical-gifts/) - [Community Spouse](https://www.hawkinselderlaw.com/tag/community-spouse/) - The community spouse is the spouse that does not need Medicaid assistance to pay health care expenses. - [Institutional Spouse](https://www.hawkinselderlaw.com/tag/institutional-spouse/) - The institutional spouse is the spouse that need Medicaid assistance to pay medical expenses. - [Snapshot Date](https://www.hawkinselderlaw.com/tag/snapshot-date/) - The snapshot date is the institutional spouse’s first day of a continuous 30-day period of inpatient care in one or more health care facilities. - [Snapshot Value](https://www.hawkinselderlaw.com/tag/snapshot-value/) - The snapshot value is the total value of a remarried couples countable resources on the institutional spouse’s snapshot date. - [Institutional Spouse Resource Allowance](https://www.hawkinselderlaw.com/tag/institutional-spouse-resource-allowance/) - The institutional spouse’s resource allowance is the maximum value of resources that the institutional spouse can own and qualify for Medicaid. - [Community Spouse Resource Allowance](https://www.hawkinselderlaw.com/tag/community-spouse-resource-allowance/) - The community spouse resource allowance is the maximum value of resources that the community spouse can own without disqualifying the institutional spouse for Medicaid benefits. The community spouse resource allowance is the lesser value of 50% of the snapshot value or a maximum value that the US government adjusts sometimes with cost of living adjustments for inflation. - [Spend down](https://www.hawkinselderlaw.com/tag/spend-down/) - Spend down is the process of reducing countable resources until a Medicaid applicant reaches the resource allowance and qualified for Medicaid. Spend down occurs when a Medicaid applicant spends excess resources or reinvests the excess resources in assets that are exempt from being counted as resources. A married couple can spend down through the community spouse’s investments in exempt assets. - [Qualified Charitable Distributions](https://www.hawkinselderlaw.com/tag/qualified-charitable-distributions/) - [Required Minimum Distributions](https://www.hawkinselderlaw.com/tag/required-minimum-distributions/) - [RMD](https://www.hawkinselderlaw.com/tag/rmd/) - [Retirement Savings](https://www.hawkinselderlaw.com/tag/retirement-savings/) - [Spousal Rollover](https://www.hawkinselderlaw.com/tag/spousal-rollover/) - [Required Beginning Date](https://www.hawkinselderlaw.com/tag/required-beginning-date/) - [RBD](https://www.hawkinselderlaw.com/tag/rbd/) - [SECURE Act](https://www.hawkinselderlaw.com/tag/secure-act/) - [U.S. Constitution](https://www.hawkinselderlaw.com/tag/u-s-constitution/) - [long-term health care](https://www.hawkinselderlaw.com/tag/long-term-health-care/) - [gifts](https://www.hawkinselderlaw.com/tag/gifts/) - [long-term health care costs](https://www.hawkinselderlaw.com/tag/long-term-health-care-costs/) - 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