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…
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…
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…