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TEN TOP MEDICAID PLANNING STRATEGIES

by Thomas D. Begley, Jr., Esquire, CELA Medicaid Planning strategies basically fall into two categories:  spend down and transfer of assets.  The ten top strategies include the following:   There are several options with respect to the home.  The home could be transferred to the community spouse without a transfer of asset penalty.  However, if…

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WHY A LIVING WILL AND HEALTH CARE POWER OF ATTORNEY?

by Thomas D. Begley, Jr., Esquire, CELA A Health Care Power of Attorney simply appoints a Health Care Representative to make medical decisions without giving any direction to the representative. The Advance Directive gives instructions for end-of-life decision-making. A Health Care Power of Attorney can be combined with an Advance Directive/Living Will. There are essentially…

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MEDICARE SET-ASIDE ARRANGEMENTS IN THIRD PARTY LIABILITY CASES

by Thomas D. Begley, Jr., CELA Medicare Secondary Payer Act. While there is still some controversy as to whether a Medicare Set-Aside Arrangement is appropriate in a Third Party Liability (TPL) case, there is significant authority with a proposition that Medicare’s interest must be considered in a TPL case in the same manner that it…

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The Voice® December 2014 – Official Newsletter of the Special Needs Alliance

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