Montgomery County Elder Law Reference Guide
Meeting With Your Lawyer
Perhaps the most difficult part of the estate planning process is overcoming procrastination and scheduling that initial consultation. For the best results, you need to deal with an attorney who provides estate planning services on a regular basis.
Geriatric Care Managers and Elder Law
Attorney Gerhard believes in hiring the right people to address non-legal issues that impact the elder law services being provided. While Mr. Gerhard is handling financial matters involving estate planning and asset protection, geriatric care managers can be hired in order to help make sure the necessary hands-on, day-to-day care is being provided to a loved one. This service is especially helpful for children who live out-of-state but are relied upon to assist an aging parent.
The Medicaid Payback: Pennsylvania’s Medical Assistance Estate Recovery Program
What follows is an updated version of an article that was authored by Attorney Gerhard and previously published in the Pennsylvania Bar Association’s law journal, the Pennsylvania Bar Association Quarterly.
By ROBERT C. GERHARD III, Esquire, CELA*
Introduction
This article discusses Pennsylvania’s estate recovery program in detail. Federal law requires each state to operate an estate recovery program that seeks repayment from the estates of deceased recipients of Medicaid long-term care benefits. Most of our clients refer to this program as “the Medicaid payback.” Pennsylvania complied with this federal mandate by passing Act 49 of 1994, Section 1412, 62 Pa. C.S. §1412. Pennsylvania’s estate recovery program has collected over $374,000,000 to date. Most of the recoveries are from the sale of the homes of deceased nursing home residents, but the estate recovery program seeks payback from probate estates that exceed $2,400. There are several exceptions to the estate recovery payback.
Read more “Pennsylvania Medical Assistance Estate Recovery Program”
Is Your Attorney a Certified Elder Law Attorney?
Robert C. Gerhard, III is certified as an elder law attorney by the National Elder Law Foundation, as authorized by the Pennsylvania Supreme Court. His is one of just a few in the entire Commonwealth of Pennsylvania. Why certification? It shows a deep commitment to elder law.
Read more “Is Your Attorney a Certified Elder Law Attorney?”
Pennsylvania Medicaid Myths
Introduction
So many times clients come to our office under the mistaken impression that there is nothing that can be done to protect assets from nursing home costs. Much of the popular literature gives readers the idea that unless assets are given away five years prior to a nursing home placement, it just about all goes to the nursing home. Though it is true that some asset protection strategies have been curtailed by the recently implemented Deficit Reduction Act, it is still possible in most cases to take some steps to shelter assets from nursing home costs if you follow the applicable rules and regulations, especially when it comes to protecting the spouse at home from impoverishment.
Pennsylvania Medicaid Numbers and Elder Law Statistics
According to the Pennsylvania Department of Aging, there are over 2,400,000 Pennsylvania residents over age 60. More than 240,000 Pennsylvania residents are over age 85. Out of the fifty states, Pennsylvania has the third highest percentage of elderly residents. One in five older Pennsylvanians live in or near poverty. The Deficit Reduction Act (DRA) has been implemented in Pennsylvania. Here are “Pennsylvania’s Medicaid Numbers” Stay tuned for additional updates…
Read more “Pennsylvania Medicaid Numbers and Elder Law Statistics”
