What is a Pooled Trust?
In a pooled trust, a non-profit holds and manages disabled individuals’ assets for the benefit of the disabled individuals. The non-profit “pools” together the funds of many disabled individuals for purposes of management and investment. However, the non-profit maintains separate “accounts” for each individual.
Who Can Benefit from a Pooled Trust?
Pooled trusts benefit disabled individuals who would benefit from Medicaid coverage but have assets that exceed Medicaid eligibility guidelines. An individual’s assets can be transferred into a pooled… Read the rest
In the case of Andover Village Retirement Community v. Cole, Mr. Cole admitted his mother to a nursing home. Mr. Cole, who was his mother’s agent under her financial power of attorney, signed one agreement as a “Responsible Person” that stated in the agreement that he was not personally liable for his mother’s unpaid medical expenses. Then, Mr. Cole signed an additional agreement with the nursing home stating that he was assuming financial responsibility for his mother.
After Mr. Cole’s mother died, the nursing home sued him for unpaid expenses. The Court found that each agreement… Read the rest
Adult Protective Services (APS) investigates suspected abuse, neglect or exploitation of those 60 and older. Abuse is defined as infliction upon an adult by self or others of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish. Neglect is defined as the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services. Exploitation means the unlawful or improper act of a caretaker using an adult… Read the rest
Medicare Part A (Hospital Insurance) will pay up to 100 days of skilled nursing care in a nursing home or at home, if the patient is home-bound and it is physician authorized, or inpatient care in a rehabilitation facility.
Coverage includes meals, skilled nursing care, physical and occupational therapy, speech-language pathology service, medications, medical supplies and equipment, and dietary counseling.
There is no charge for the first 20 days. However, there is a co-pay of $152 per day for the next 80 days, with Medicare covering the remaining expenses.
Sometimes a patient is determined… Read the rest
A parent of a child with Special Needs must take special care when preparing an estate plan. Special Needs Trusts are often recommended to ensure that an inheritance will assist a child with special needs without negatively affecting government benefits. Sometimes a parent will choose to forgo a Special Needs Trust in favor of an informal arrangement with surviving siblings. (ie. All the money will be left to the healthy child, Sharon, to care for the child with special needs, Sarah.) The risks of such an informal arrangement are numerous. Using the names from our example above:
• Sharon could… Read the rest