As elder law attorneys, we meet with clients and help them create a plan for their future; many of these plans include planning for long-term care. We discuss options for long-term care—such as long-term care insurance, private pay, and Medicaid. For most seniors, obtaining Medicaid to pay for nursing home care or care at home… Read More »
A pooled trust allows disabled individuals who are under age 65 to become financially eligible for public assistance, e.g. Medicaid, SSI, etc. This type of trust provides flexibility—allowing individuals to preserve their assets and monthly income necessary to pay for supplemental needs that are not covered by public assistance. There are various types of pooled… Read More »
When Kelly learned she was to receive this year’s Theresa Award, she experienced a wave of emotions. She was happy and honored, of course, but this was coupled with a sense that she was not a worthy recipient. She is in awe of the work done by Vincent and Susan on behalf of children with… Read More »
Attorneys who advocate for seniors and the disabled often cite a specific event or personal relationship as their inspiration. Amos’ aha moment came early in his career, when his mother-in-law told him she was selling her home. Asked why, she responded that she’d been told to do so by a man who was trying to… Read More »
This year’s winner of the Spirit of Theresa Award has been there from the beginning. Actually, Judy Murdaugh-Jackson has been there from before the beginning. Judy and Susan Russo met in New York, even before Susan married Vincent Russo, and well before Theresa began her short life. Reflecting on their meeting at a modeling agency… Read More »
In Do I Need a MOLST Form? Part 1, we discussed who might need a MOLST form and in which situations. Below we’ll discuss how a MOLST form is executed. There are certain medical requirements that need to be met in order for a MOLST to be in place for the patient with developmental disabilities.
Once upon a time, there was a little girl named Theresa who had a pink wheelchair. She had big brown eyes, fabulous pigtails, and the greatest smile on earth. Every day she would go to school in a small yellow bus. Theresa and her friends worked very hard in school, as good grades did not… Read More »
A MOLST (Medical Orders for Life-Sustaining Treatment) form is a medical order form that tells healthcare providers a patient’s medical orders for life-sustaining treatment. The form includes medical orders and patient preferences regarding resuscitation instructions when the patient has no pulse or is not breathing (CPR order or DNR order); and it also includes orders… Read More »
Russo Law Group, P.C. is pleased to share this article on behalf of guest author Jack Halpern. Jimmo v. Sebelius Settlement Agreement. For about 30 years, home health agencies and nursing homes that contract with Medicare have routinely terminated the Medicare coverage of a beneficiary who has stopped improving, even though nothing in the Medicare statute… Read More »
Parents of children with special needs will inevitably face the following question: Who is going to make health care and financial decisions for my child when I am unable to do so? Planning and preparing the appropriate documentation for children with special needs will ensure protection for your loved ones.
Many times when I meet with clients to discuss Medicaid, their children come along with them. One of the most frequent questions I get asked by children is, “Well, mom put me on her checking account, so half of that is protected because it’s a joint account, right?”
We often see clients with concerns about loved ones who receive government benefits such as Supplemental Security Income (SSI) and/or Medicaid. Since SSI and Medicaid have very strict rules as to how much money and how much income beneficiaries can have in their name, clients often want to be sure that their gift does not affect… Read More »
There are three types of guardianship proceedings in New York State: Article 17 – Guardianship of minors. Article 17A – Guardianship of adult individuals with intellectual or developmental disabilities. Article 81 – A mental hygiene proceeding for adults who had capacity at one point but have lost a certain level of capacity.
Recently, I was helping a couple with planning. Unfortunately, the husband passed away about two weeks ago. After he died, the family realized that he had one bank account that was in his name alone, with about $3,000 in it. They did not realize this before he passed, otherwise they would have taken care of… Read More »
Although legal planning documents such as a health care proxy, power of attorney, last will & testament, etc. are an important part of any estate plan, if you are the parent of a child with special needs, these standard estate planning documents may not be adequate. If your child will not be able to live… Read More »