Adult Foster Care: An alternative to nursing home care

A Medical Foster Home (MFH) is an alternative to a nursing home.  It allows Veterans who are no longer able to safely live independently and wants a smaller, calmer environment than a nursing home. MFH is a type of Community Residential Care (CRC) home chosen by Veterans with serious chronic disabling conditions that meet nursing home…

The Secure Act: Big Changes for Beneficiaries

The Secure Act or THE SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT ACT OF 2019  was passed in late-December and is effective as of January 1, 2020. In our last newsletter we talked about retirement distributions. We will now look at how the Secure Act will affect beneficiaries and what we can do to work around…

The Secure Act: How It Changes Estate Planning

The Secure Act or THE SETTING EVERY COMMUNITY UP FOR RETIREMENT ENHANCEMENT ACT OF 2019  was passed in late-December and is effective as of January 1, 2020 (with some exceptions, we will discuss later.) In the coming weeks we will be discussing what the Secure Act is and how it is going to affect all of…

The New Public Charge Rule: Shutting More Doors for Elderly Immigrants

By Jill Roamer, J.D. and Marchesa Minium, J.D., contributors to Eldercounsel  The hottest immigration topic this fall bleeds into elder law. It concerns amendments to the Public Charge determinations for those looking to enter into the country or to alter their immigration status. Last year, the Trump Administration sought to expand the criteria for preventing…

ABLE Account VS SNT (Special Needs Trust)

In December of 2014 the Achieving a Better Life Experience Act (ABLE) was signed into law. Many special needs clients and their families have been shy about using ABLE accounts because HUD and other government programs did not make an official statement of how they would treat ABLE accounts until May of this year.  Here…

Promissory Notes, Medicaid Eligibility

Contribution by the Eldercounsel, Jill Roamer, J.D. and Marchesa Minium, J.D. For a promissory note to be used successfully as a strategy for long-term care planning, it must meet certain requirements. The Nebraska Court of Appeals filed a Memorandum Web Opinion March 26, 2019 regarding a failed attempt by a Medicaid applicant to use a promissory note…