Blog
Letter of Intent
A potential source of worry for parents of special needs children is what will happen to their child when they are no longer able to care for them. A special needs trust can provide financial support and name trustees who will oversee care in the future, but does not...
Home Caregiving
Professional caregivers, assisted care facilities, and nursing homes can become necessary costs at some point in life. However, individuals can seek to avoid these expenditures for as long as possible with the help of an amateur home caregiver, such as a spouse or...
Living Wills and Health Care Powers of Attorney
Living wills and health care powers of attorney are both documents that can allow individuals to direct future health care decisions in case of end-of-life planning or a prolonged incapacity. A living will generally provides guidance to health care providers and...
Alzheimer’s Disease and Legal Capacity
Alzheimer’s disease has increased in prevalence in recent years. According to the Alzheimer’s Association, one in three seniors will die of Alzheimer’s disease or another form of dementia. Alzheimer’s disease is currently the sixth leading cause of death for Americans...
How Does an Asset Preservation Trust Work?
At a basic level an asset preservation trust is a device that protects assets from counting towards the Medicaid asset cap for nursing home eligibility. The assets in the trust, in addition to the already Medicaid exempt assets, are then shielded from being used for...
Alternatives to Guardianship
Guardianship is a tool to protect an individual when they are not able to manage their own affairs. Guardianship, however, involves taking away an individual’s rights to make their own decisions. Therefore, guardianship should only be used as a last resort. In cases...
Duties of a Trustee
Acting as trustee of a trust is a significant responsibility. People should take care when selecting individuals to be trustees or accepting the role of a trustee. At a basic level, the trustee manages trust assets for the benefit of the trust beneficiaries according...
Rising Cost of Long Term Care
Genworth Financial recently released a survey showing that the cost of long term care continues to outpace inflation with no indication of this trend reversing over time. The current national median cost for a home health aide is $4,099 per month. The median cost for...
ABLE Account Annual Contribution Limit Increase
Beginning in 2018, the total annual contribution limit for ABLE accounts will increase from $14,000 to $15,000 per year. The annual contribution limit is tied to the amount of the federal gift tax exclusion which is also going up to $15,000 in 2018. The limit applies...
Medicaid Eligibility – Prepaid Funerals and Life Insurance
When planning for Medicaid nursing home coverage in Missouri, both life insurance and prepaid funerals can be exempt from the Medicaid asset cap. However, due to the eligibility restrictions on both types of assets, most potential Medicaid applicants will likely only...