Growing evidence indicates that people can reduce their risk of cognitive decline by adopting key lifestyle habits. When possible, combine these habits to achieve maximum benefit for the brain and body. Start now. It’s never too late or too early to incorporate healthy habits. CLICK HERE FOR MORE INFO David Wingate is an elder law attorney at the Elder Law Office of David Wingate, LLC. The elder law office services clients with powers of attorneys, living wills, Wills, Trusts, Medicaid and asset protection. The Elder Law office has locations in Frederick and Montgomery Counties, Maryland.
The new Alzheimer’s Association 2018 Alzheimer’s Disease Facts and Figures report details how the impact of Alzheimer’s — both human and financial — is growing rapidly. This year’s special report, Alzheimer’s Disease: Financial and Personal Benefits of Early Diagnosis, highlights the important personal benefits of early diagnosis for individuals and families, as well as new economic modeling data indicating early diagnosis of Alzheimer’s could save the nation as much as $7.9 trillion in health and long-term care expenditures. CLICK HERE FOR THE REPORT David Wingate is an elder law attorney at the Elder Law Office of David Wingate, LLC. The…
A New Jersey trial court grants summary judgment to a nursing home resident’s agent under a power of attorney in a lawsuit by the nursing home for payment of the resident’s unpaid bill and orders that the nursing home pay attorney’s fees and costs. Hampton Ridge Healthcare & Rehabilitation Center v. Wright (N.J. Super. Ct., No. L-2335-16, Nov. 1, 2017). Charles Douglas was an agent under a power of attorney for his aunt, Idella Wright. Ms. Wright entered a nursing home, and Mr. Douglas signed the admission agreement as the responsible party. Mr. Douglas assigned Ms. Wright’s Social Security payments…
Below are figures for 2018 that are frequently used in the elder law practice or are of interest to clients. Medicaid Spousal Impoverishment Figures for 2018 The new minimum community spouse resource allowance (CSRA) is $24,720 and the maximum CSRA is $123,600. The maximum monthly maintenance needs allowance is $3,090. The minimum monthly maintenance needs allowance remains $2,030 ($2,536.25 for Alaska and $2,333.75 for Hawaii) until July 1, 2018. Medicaid Home Equity Limits Minimum: $572,000 Maximum: $858,000 For CMS’s complete chart of the 2018 SSI and Spousal Impoverishment Standards, click here. Income Cap The income cap for 2018 applicable in…
A New Jersey appeals court rules that a nursing home that sued a father who transferred his home to his daughter before he entered the nursing home and applied for Medicaid failed to prove the transfer was fraudulent. Future Care Consultants v. Abraham (N.J. Super. Ct., App. Div., No. A-1533-16T2, Dec. 18, 2017). Alwyn Trotman owned property in New Jersey. When he was 90 years old, he had trouble keeping up the property, so he asked his daughter, Barbara Abraham, to assume responsibility for it. In 2011, Mr. Trotman executed a deed giving Ms. Abraham a 99 percent interest in…
A Michigan appeals court affirms a trial court decision certifying a class of continuing care retirement community residents who are suing the community for breach of contract and fraud after the community refused to refund residents’ full deposits. Erma Rogers Revocable Trust v. Erickson Retirement Communities (Mich. Ct. App., No. 332495, Dec. 12, 2017). Erma Rogers moved into a continuing care retirement community (CCRC) and signed an agreement that required her to pay an entrance deposit of $125,000. The agreement stated that the deposit was refundable once someone else was occupying the residence. After Ms. Rogers died, the market price…
A U.S. district court rules that a hospital stay does not have to be covered by Medicare in order to qualify a beneficiary for post-hospital skilled nursing facility benefits as long as the hospital stay was medically necessary. Elder v. Hargan (U.S. Dist. Ct., W.D. N.Y., No. 16-CV-290-FPG, Jan. 26, 2018). Medicare recipient William Elder entered the hospital to treat broken bones in his leg. After 10 days, the hospital discharged Mr. Elder to a skilled nursing facility (SNF) for rehabilitative services. Medicare denied coverage for the SNF care, ruling that Mr. Elder did not have a qualifying hospital stay…
Answering a certified question from the U.S. Court of Appeals for the Ninth Circuit, the Oregon Supreme Court holds that the state’s elder financial abuse statute does not apply to a case where a long-term care insurance company allegedly acted in bad faith to delay and deny claims. Bates v. Bankers Life and Casualty Company (Or., No. 2, Jan. 19, 2018). Residents of Oregon who purchased long-term care insurance policies from Bankers Life and Casualty Company sued the insurer in federal court. The policyholders claimed that the company violated Oregon’s elder financial abuse law by purposely developing procedures to delay…
A U.S. court of appeals rules that a long-term care insurance company breached its contract with a policyholder who purchased a “Reduced-Pay at 65” policy when it raised her premiums after age 65. Newman v. Metropolitan Life Insurance Company (U.S. Ct. App., 7th Cir., No. 17-1844, Feb. 6, 2018). Margery Newman purchased a long-term care insurance policy from Metropolitan Life Insurance Company when she was age 56. She chose an option called “Reduced-Pay at 65” in which she paid higher premiums until she reached age 65, when the premium would drop to half the original amount. The long-term care insurance…
A permanent and retroactive repeal of the law that overturned the Supreme Court decision in Arkansas Department of Health and Human Services, et al. v. Ahlborn 547 U.S. 268 (2006), was finally achieved in the budget deal signed into law by President Trump on February 9, 2018. Ahlborn had been overturned by Section 202 of the Bipartisan Budget Act of 2013 (BBA), which expanded states’ access to entire personal injury settlements and awards to recoup Medicaid costs spent on a beneficiary’s behalf. Originally set to take effect on October 1, 2014, it was twice delayed before finally coming into force…
Frederick, MD 
301-663-9230
