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Please Click HerePosted on July 1, 2020 by Jessica A. Merkel, Mark D. Munson and Ruder Ware Alumni
As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that […]
Posted on June 22, 2020 by Jessica A. Merkel, Mark D. Munson and Ruder Ware Alumni
In Wisconsin, we are soon to reach 25,000 positive COVID-19 test results, over 3,200 hospitalizations, and close to 750 deaths attributed to COVID-19, the disease caused by the coronavirus. It is being recognized that the coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. […]
Posted on June 8, 2020 by Mark D. Munson and Jessica A. Merkel
The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) has been increased from $2,818.34 to $2,873.34 starting July 1, 2020. As part of laws designed to prevent spousal impoverishment due to the high cost of long-term care, the “community spouse” (who is the spouse of an individual receiving long-term […]
Posted on May 29, 2020 by Jessica A. Merkel and Mark D. Munson
As we are coming to the end of Elder Law Month (as named by the National Academy of Elder Law Attorneys), one of our many roles as elder law attorneys is to keep you apprised of important topics in the world of elder law. As such, we wanted to reach out to you to draw […]
Posted on April 16, 2020 by Ruder Ware Alumni
As the IRS begins to send out payments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, recipients of Medical Assistance for long-term care (i.e., Medicaid or Family Care) are wondering how this payment may affect their benefits. In other words, will the payment be considered either income or an asset that causes issues […]
Posted on February 27, 2020 by Jessica A. Merkel
When people ask me what they can do to make things easier for their loved ones if something happens to them, the first question I ask is if they have power of attorney documents in place. A good financial power of attorney (“POA”) is one of the most important estate planning documents you can have. […]
Posted on November 14, 2019 by Ruder Ware Alumni
It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to qualify for Medicaid, it would be awful to see those benefits lost simply because proper […]
Posted on August 28, 2019 by Jessica A. Merkel
Leaving an inheritance to a loved one with special needs who is or will be receiving government benefits (SSI, medical assistance, long term care services) is tricky and can have unintended negative consequences if not done carefully. Well-meaning gifts may result in the loved one (who I will refer to as the “Special Needs Beneficiary”) […]
Posted on June 11, 2019 by Ruder Ware Alumni
After working and saving, clients are concerned that unexpected costs will become unplanned for drains on their Retirement Accounts (e.g, 401(k), IRA, Roth IRA, 403(b), etc.). As the need to pay for nursing home care nears, those concerns grow and questions begin to be asked about whether retirement accounts are safe from the nursing home. […]
Posted on May 30, 2019 by Ruder Ware Alumni
Harry and Sally want to pass their farm operation to their children. Ideally, they would also like to receive some income from the farm. Because Harry and Sally do not have long-term care insurance, they are worried that if they need medical assistance (e.g., Medicaid) to help pay for long-term care such as a nursing […]