Pennsylvania Medicaid and Elder Law Attorney

Pennsylvania Elder Law Library

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 …

What Income Counts for Medicaid and Must Be Paid to the Nursing Home?

By Robert C. Gerhard, III

A nursing home resident will need to pay some or most income to the facility once Medicaid benefits have been approved. Here are some common items of income that count …

What Assets Are Exempt From Medicaid Estate Recovery Rights?

By Robert C. Gerhard, III

When a Medicaid beneficiary passes away, their estate may be obligated to pay back outstanding debts, potentially to include Medicaid long-term care benefits. However, some assets are exempt from Medicaid …

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. …

Common Mistakes Violating Medicaid Look-Back Rules

By Robert C. Gerhard, III

Occasionally, we talk with individuals who have accidentally violated the rules of the look-back period and are denied Medicaid long-term care benefits, even when they were acting in good faith. …

Statute of Limitations for Medicaid Estate Recovery; “Time Does Not Run Against the King”

By Robert C. Gerhard, III

Is there a statute of limitations in estate recovery matters? How long does the Commonwealth of Pennsylvania’s Department of Human Services have to enforce its right to the Medicaid payback …

Should My Income be Paid Directly to the Nursing Home?

By Robert C. Gerhard, III

A nursing home resident will need to pay some or most income to the facility once Medicaid benefits have been approved. The nursing home may provide you with paperwork upon …

How to Appeal A Medicaid Transfer Penalty

By Robert C. Gerhard, III

If you have been denied Medicaid benefits due to an alleged transfer for less than fair market value, you may feel overwhelmed. Fortunately, you can file an appeal, even while …

Can You Have Assets and Still Qualify for Medicaid Long-Term Care Benefits?

By Robert C. Gerhard, III

A person can have certain assets of significance and still qualify for Medicaid long-term care benefits. I received a call from someone whose father was trending toward the need for …