Pennsylvania Medicaid and Elder Law Attorney

Pennsylvania Elder Law Library

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.

Medicaid 5-Year Look-Back Period PA Ultimate Guide

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 …

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. …