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Pennsylvania Elder Law Library

Robert C. Gerhard IIIPennsylvania Elder Law Library
All Articles Estate Planning Estate & Trust Administration Medicaid Planning Medicaid Estate Recovery Power of Attorney

Does a Financial Power of Attorney Grant Unlimited Power?

By Robert C. Gerhard, III

Can the person you name in a financial power of attorney do anything he or she wants to do? What an agent (POA) can do on your behalf depends on …

What are the legal duties of a Pennsylvania Power of Attorney?

By Robert C. Gerhard, III

In Pennsylvania, the agent named in a power of attorney document has certain legal duties to fulfill. If the agent fails to meet his or her legal duties, he or …

Estate and Trust Administration

By Robert C. Gerhard, III

We help executors and trustees avoid mistakes and potential liability. We’ll help you collect and value the assets, deal with creditors, prepare the tax returns, and facilitate timely distribution to the beneficiaries …

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.

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, …