New York State has implemented new regulations effective September 8, 2011 that have “Expanded” Medicaid Estate Recovery.
In the past, New York State (NYS) was limited to recover against the estate of the Medicaid recipient as to assets passing under a Will or by intestacy (when there is no will). As a practical matter, generally, Medicaid recovery would occur when a Medicaid recipient retained ownership of his or her home while receiving Medicaid benefits. There are other restrictions on NYS as to Medicaid estate recovery which is not covered in this article.
Many seniors have Powers of Attorney, but do you have the right one? This is a very important question because no one has the right to make financial decisions for you, unless you have legally appointed a person with the authority to act for you. The best way to give that legal authority is by executing a Comprehensive Durable Power of Attorney.
What is Probate?
Probate is the legal process of submitting the Will of someone who has passed away to the court for approval. The court validates the Will and legally appoints the executor named under the Will.
To Probate or Not to Probate?
A federal appeals court has again ruled that 230,000 Medicare Part D beneficiaries who were erroneously mailed a premium refund do not have the right to apply for a waiver excusing them from repaying the money. Action Alliance of Senior Citizens v. Sebelius (D.C. Cir., No. 09-5191, June 18, 2010).
Because of a computer error, in August 2006 approximately 230,000 people were mistakenly mailed refunds for their Medicare prescription drug benefit premiums. The Bush administration insisted that the money, which averaged $215 per beneficiary, be paid back by the end of September 2006.
Surrogate Decision Making Comes To New York
On September 1, 2009, Powers of Attorney in New York State will change dramatically. Both the format and the execution of these documents are significantly different.
Remedies for an unreasonable refusal to accept a properly executed Power of Attorney are limited by the new law to a special proceeding to force the acceptance. Damages are no longer possible.
by Amelia E. Pohl, Esq. and New York Attorney Vincent J. Russo, Esq.
Simple Practical Things You Can do For MAXIMUM CONTROL AND PROTECTION of Your Property During Your Lifetime
And Enable your Loved Ones to Inherit Your Property with MINIMUM COST AND HASSLE
Cost $27.00 plus $5.00 shipping and handling
Order below or call 800-680-1717
This is a very common question - How to Hire an Attorney?
You want to make sure that you have hire an experienced attorney who can help you with your problem. You want to get it right. Many of our clients are in crisis and have little time to make this all important decision.
Here are a few tips: