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Posts Tagged ‘ny elder’

How Much Long-Term Care Insurance Is Enough?

Long-term care insurance provides coverage for care administered outside a hospital setting. Good policies provide payment for custodial care services, such as preparing meals, doing laundry, and shopping. While Medicaid requires that custodial care be provided in a nursing home, long-term care insurance generally covers custodial care in the insured’s home, an assisted living facility, [...]

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The Importance of Letters of Intent

While it’s important for the parents of a child with special needs to provide for the child’s financial well-being in their estate plan, it’s equally important to address the issue of transitioning to life with a new caregiver. That’s the purpose of a letter of intent, which is intended to assist future caregivers by describing [...]

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Planning for Items that Will Add to Your Child’s Quality of Life

When considering how much money you will need to fund a special needs trust, you may wish to consider items that will offer your child a better quality of life. Government benefits are designed to provide basic food and shelter, but they will not offer your child any of the extras he is used to. [...]

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Essential Estate Planning Documents for a Family with Special Needs

A child with special needs deserves a parent’s continued stewardship and guidance, even if the parent becomes incapacitated or passes away, and the following estate planning documents are key to ensuring the child’s security.
(1) A last will and testament.
(2) A general durable power of attorney (“GDPA”). This document designates an agent to act on an individual’s [...]

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Establishing Pooled Trusts

A pooled trust helps families and caregivers establish trust accounts that provide supplemental funds for their loved ones with disabilities without jeopardizing their eligibility for Social Security Income and Medicaid. An individual or his parents/guardians establish a sub-account with the pooled trust program. The program then pools all of the funds [...]

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Name Alternate Beneficiaries

When drafting a Will or trust document it is always important to consider multiple contingencies. One such contingency is the possibility that the primary beneficiary of your estate will not survive you. If a new beneficiary is not named, by default the state will decide how assets and property are to be distributed, according to [...]

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Estate Planning and Trust Protectors

A trust protector is an individual who will oversee a trust and make sure it is not affected in the event that laws or other circumstances change. A trust that will be in effect for a lengthy period of time may benefit from a trust protector. Appointing a trust protector makes a long-term trust more [...]

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Estate and Elder Law Planning Concerns for Same Sex Couples

GLBT couples face several unique challenges, many of which are due to the fact that the federal government does not recognize state-sanctioned marriages, civil unions or domestic partnerships. Social Security provides one key example of inequality built into the law. Social Security is a federal law, and the federal government determines eligibility rules. The failure [...]

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Special Needs Planning for Children Transitioning into Adulthood

As a child with special needs approaches the age of 18, a variety of circumstances change. Programs that are available to help with the care of minors may no longer be available for adults. Eligibility for public financial benefits is subject to strict rules. Health care decisions may not automatically be left to parents or [...]

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Tax and Estate Planning: Take Advantage of Tax Deductions for Assisted Living Costs

People who are familiar with the costs associated with nursing home care are acutely aware that care is getting more and more expensive every year. Fortunately, a portion of the cost of nursing home care, like other medical expenses, can be deducted as an itemized expense on federal tax returns. Medical expenses, including some longterm [...]

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