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From Our Elder Law Attorney

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The Required Notice Page on Pennsylvania’s Power of Attorney

By Robert C. Gerhard, III

Pennsylvania financial power of attorney documents signed after July 1, 2015 must include the following “NOTICE” in capital letters at the beginning of the power of attorney. Creativity is not …

Form 1310: Statement of Person Claiming Tax Refund Due to a Deceased Taxpayer; Do It Right or Risk Major Delays

By Robert C. Gerhard, III

Filing a decedent’s final federal income tax return without including Form 1310 and supporting documentation will result in major delays in receiving an income tax refund that is due.

2023 Income Limits for Medicaid-Funded Long-Term Care

By Robert C. Gerhard, III

When a person applies for Medicaid long-term care benefits, there are several questions that arise about income, and how that income is treated during the Medicaid application process.  Are there …

What are Medicaid’s 5-Year Look-Back Penalties in Pennsylvania? A Guide On Medicaid’s 5-Year Look-Back

By Robert C. Gerhard, III

The Medicaid 5-year look-back is a complex process that determines whether or not an individual is financially eligible for Medicaid benefits. In this article, we explore what the Medicaid 5-year …

Estate Recovery: Will the Medicaid Estate Recovery Program Take My House?

By Robert C. Gerhard, III

The Medical Assistance (Medicaid) Estate Recovery Program seeks repayment of Medicaid benefits from the probate estates of certain deceased Medicaid recipients. Most paybacks under the estate recovery program come from …

How to Avoid Medicaid Estate Recovery in Pennsylvania

By Robert C. Gerhard, III

In many cases the Medicaid Estate Recovery payback can be avoided, legally. We recommend that you do not undertake any of these planning strategies without first contacting our office to …

Pennsylvania Power of Attorney Documents Must Meet Certain Requirements

By Robert C. Gerhard, III

Pennsylvania law sets forth certain requirements for a power of attorney to be valid. Here are some basics: Notice Page A power of attorney signed on or after April 12, …

Online Power of Attorney Documents; Buyer Beware!

By Robert C. Gerhard, III

Some online power of attorney documents may not comply with current Pennsylvania law and therefore may not work when your designated agent tries to use it. If your power of …

Looking Back, A Thank You to The Montgomery Bar Association’s Elder Law Committee

By Robert C. Gerhard, III

Looking back, I owe a debt of gratitude to the Montgomery Bar Association for helping me get my start over 20 years ago in the specialized field of elder law. …