Shields and Boris Blog on Elder Care, Health Care, and Caring in General

Will proposed changes to medical estate recovery laws swallow what is left of your estate?

The Pennsylvania Department of Public Welfare (DPW) has a repayment requirement for anybody who receives Medicaid after the age of 55 called Medical Assistance Estate Recovery (MAER).

 

Under MAER, the DPW can seek repayment for the amount of medical assistance (Medicaid) paid out for long term care related services provided on behalf of certain recipients.  Since repayment does not happen until after a person has died, some people refer to MAER as the Medicaid death tax.

 

Current law states that the state can make a claim against a deceased person’s probate estate.  Only items in probate could be used for repayment.  However, a bill has been introduced that would expand Medicaid Estate Recovery to non-probate assets.

 

Non-probate assets that could be targeted under the new bill – if it passes – include real and personal property held in joint names, life estates, and other traditionally exempt forms of ownership.  In addition, the bill would give Pennsylvania expanded lien powers and control over disputes.

 

This could spell bad news for many elderly citizens, especially surviving spouses.  Imagine if your spouse was to die, and because of this new law you lost your home and much of the remaining estate to the government.  It is a frightening scenario to consider.

 

If you are concerned about losing your non-probate estate to the government, talk to your state senators and representatives about this bill (HB 1351, section 1214).  If you have questions about asset protection and planning for future health-care costs, talk to a knowledgeable elder law and estate planning attorney like those at Shields and Boris.

Free Assistance Program for Seniors and Veterans

Western Pennsylvania has one of the highest percentages of veterans in population in the entire United States.  However, many of our veterans who bravely sacrificed for our country are unaware of the many benefits they could be eligible for.  We're happy to be partnered with a wonderful free program, VeteransCare USA, and ElderCare USA,  a program designed to put families in touch with financial and legal professionals in their communities who can assist them with issues related to claiming what seniors, veterans and their spouses have rightly earned.  When a family contacts them for assistance, their expert consultants determine the nature of their inquiry and then directs them accordingly with free consultations with professionals.  Don't let yourself become overwhelmed by complications, or misinformation, by seeking assistance.

New Estate Planning Radio Show on WJAS!!!

The Elder Law Offices of Shields & Boris is excited to announce that they just recorded their first radio show on WJAS 1320 AM.  The show will be airing on Saturday, June 20, 2009 at 6:00 AM.  This show will be dedicated to discussing the issues surrounding Medicaid Planning and how important it is to plan ahead in attempting to shelter your proterty and assets from the nursing home.  We welcome everyone to tune in and hope that we enlighten everyone in the listening audience.  We will be recording one show per month discussing various estate planning topics.