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Jill Roamer, J.D., CIPP/US

Supreme Court Rules Medicaid Can Recoup Against Settlement Funds for Future Medical Payments

By Jill Roamer, J.D., CIPP/US June 15, 2022

The Supreme Court of the United States issued a ruling last week that dictates that a state’s..

What is Needed for a Court-Ordered Transfer of Assets?

By Jill Roamer, J.D., CIPP/US June 10, 2022

In Michigan, a court can issue an order for the transfer of assets from one spouse to another when..

Emotion Distress is Not a Viable Cause of Action for Victims of Discrimination

By Jill Roamer, J.D., CIPP/US June 3, 2022

If an individual sues an entity for violations of the Rehabilitation Act of 1973 and the Affordable..

Can Incompetency Clause in Revocable Trust Protect Assets from Medicaid Eligibility Consideration?

By Jill Roamer, J.D., CIPP/US May 26, 2022

A trigger trust, in the Medicaid-trust world, is one in which access to trust funds is removed once..

A Lesson in What Not to Do: Attorney Sentenced in Elder Law Fraud Case

By Jill Roamer, J.D., CIPP/US May 18, 2022

As attorneys, we are in a fiduciary role and must be honest and fair with our clients. Our clients..

Consent Judgment Must be Honored Even Though Medicaid Qualification May Have Been a Motivating Factor

By Jill Roamer, J.D., CIPP/US May 13, 2022

A big part of elder law is helping clients get eligible for Medicaid since that government program..

Is Prior Occupancy Required to Have Home Excluded?

When qualifying for long-term Medicaid, there are asset and income restrictions. In many states,..

Can a Client Create a Silent Trust?

By Jill Roamer, J.D., CIPP/US April 28, 2022

A silent trust is one where the beneficiaries are not aware of its existence. Why would a Grantor..

Including Special Needs Trust Planning in Your Client’s Revocable Living Trust

By Jill Roamer, J.D., CIPP/US April 22, 2022

If you practice in estate planning or elder law, you likely have heard of special needs planning...

What Elements Must be Met for a Hardship Waiver?

By Jill Roamer, J.D., CIPP/US April 13, 2022

Federal law, specifically 42 U.S. Code § 1396p(c)(2)(D), dictates that a state must establish..

Applicant’s Funds Countable Notwithstanding Inability to Access Account

By Jill Roamer, J.D., CIPP/US March 31, 2022

What happens if a Medicaid applicant has funds in a bank account but cannot access those funds due..

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