Medicaid Rules, as Explained by a Trusted Colleague

By Diane Weinberg I've always been a little hesitant to write a general article about Medicaid planning with any detail. Medicaid laws and regulations are extremely nuanced and can impact other laws, including tax laws, VA disability pension law, and laws governing trusts and estate. My biggest fear has always been that someone would read [...]

2017-10-17T12:14:11+00:00 October 10th, 2017|Blog, Elder & Special Needs Planning, Elder Law|

The Top Five Secret (and Abhorrent) Tricks to Winning a Guardianship and Conservatorship

The Georgia Code for Guardianship and Conservatorship became effective in July 2005. Since that date, attorneys who practice in this area have learned many tricks of the trade. I've studied the guardianship code, and I've even taught classes about the basics of guardianships and conservatorships. Yet, the best techniques to guarantee your client's success have [...]

Planning for Long Term Care

As consumers, we are used to celebrity endorsements for things like shampoo, cars, cosmetics and beverages, but for long term care insurance? That seems like a weighty topic for stars to support. However, a recent campaign from Genworth Financial has enlisted notable personalities to help educate Americans about the importance of long term care planning. Our purpose [...]

Special Needs Trust Accounts Created Under the ABLE Act

by Diane Weinberg This month’s Passionate Estate Planner continues our discussion of trusts used in special needs planning. In January, we looked at three types of special needs trusts commonly used to preserve assets for an individual with a disability while allowing that individual to qualify for public benefits: a self-settled (first party) special needs trust, [...]

Primer on Special Needs Trusts

by Diane Weinberg Last week, I received my first phone call about the Achieving a Better Life Experience (ABLE) Act, new legislation creating a type of special needs trust for individuals with disabilities. A financial planner called me about a client who was concerned that he was going to have to liquidate certain assets of his [...]

What To Do When It All Goes Wrong: Guardianship and Conservatorship

By Diane B. Weinberg In the last two editions of The Passionate Estate Planner,we discussed various aspects of planning for incapacity. We addressed the types of incapacity documents typically used, common mistakes made when planning for incapacity, and the level of capacity needed to execute different types of legal documents. Today, we are going to [...]

Preparing for Incapacity: The Documents You Need and Traps to Avoid

By Diane B. Weinberg and Loraine M. DiSalvo In the last edition of The Passionate Estate Planner, we discussed the different levels of incapacity an individual can face and how incapacity impacts that person’s ability to sign legal documents. Today, we want to address those documents that can help protect individuals from the results of [...]

When Mom Isn’t Quite Right: Aging and Incapacity

By Diane Weinberg This time of year, we receive a lot of phone calls from distressed clients.  They have spent the holidays with their aging parents and made a number of unpleasant discoveries.  The house is uncharacteristically unkempt. Bills are unpaid, and donations to charities have been paid twice.  Mom has started repeating herself and [...]

Common Pitfalls When Planning Estates for Families with Special Needs Children

I recently had the privilege to attend a bar mitzvah in which the young man also has a sibling with a profound disability. His sibling is non-verbal and cannot perform a number of activities of daily living, such as dressing and bathing, without assistance. When the young man spoke to the congregation, he noted that [...]

Planning for the Protection of the Elderly or Disabled

A few months ago, I received a telephone call from an obviously distressed gentleman, who I will call Sam.* Sam’s elderly father, Frank, was in the final stages of an illness and has problems with confusion. Through a friend, Frank learned about a woman, Cruella, who might be willing to care for him as a [...]

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