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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,..

National Elder Law Month Contest - May 2022

By ElderCounsel May 2, 2022

May is National Elder Law Month and was created by NAELA to acknowledge the profession which..

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..

What Is a Qualified Disability Trust?

By Jill Roamer, J.D., CIPP/US March 24, 2022

The legal authority to create a Qualified Disability Trust (QDisT) falls under §642(b)(2)(C) of the..

How to Add Elder Law to Your Existing Practice

By Jill Roamer, J.D., CIPP/US March 17, 2022

Are you interested in learning more about elder law, how it could benefit your practice, and how..

New Voting Laws May Impact Those Who are Disabled

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

The Americans with Disabilities Act (ADA) is a broad-sweeping federal law meant to eliminate..

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