Previously, in my post “Having a Home in a Living Trust can Effect Medicaid Eligibility,” http://www.perlalaw.com/blog/having-a-home-in-a-living-trust-can-effect-medicaid-eligibility/, I wrote about the appellate case of Atkinson v. Ohio Department of Job and Family Services in which the Court found that Job and Family Services could essentially penalize a married couple applying for Medicaid for having their home in a revocable Trust (also known as a living trust and family trust). For more details regarding the decision, see the link above.
The Ohio Supreme Court took up … 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
Why it is Used
Special Needs Trusts are trusts established for disabled individuals under the age of 65. The goal of the trust is to hold funds that the disabled individual may have received from settlement, inheritance, or earned or received prior to the onset of a disability to improve quality of life without effecting eligibility for programs like Medicaid, SSI or SSDI. Funds in a special needs trust can be used for extras like:
• Attendance or participation at recreational or cultural events;
• Travel and vacations;
• Participation in hobbies, sports or other activities;
• Funds … Read the rest