Elder Law News

The Biden administration is calling on Congress to pass proposals to lower prescription drug prices, including allowing Medicare to negotiate with drug companies and capping out-of-pocket spending by Medicare beneficiaries. 

Every year Medicare gives beneficiaries a window of opportunity to shop around and determine if their current Medicare plan is still the best one for them. During Medicare’s Open Enrollment Period, which runs from October 15 to December 7, beneficiaries can freely enroll in or switch plans. 

My mother retired in 2004 and hired an estate planning attorney to prepare a complete estate plan package, including general power of attorney (POA), living trust, and living will. She is now in an assisted living facility and I have used the POA to handle her affairs. One of her creditors has requested documentation that the POA is still valid and in effect. I looked up the attorney and learned that he was disbarred in 2014. Is the estate plan that he drew up still valid? Can I still use the POA and other documents on my mother’s behalf?

When interest rates are low, intrafamily loans can be a good way to assist children with purchasing a house or a family business, and in certain circumstances they can be used to gift money to the next generation.

All older Americans are vulnerable to financial abuse, but there are certain circumstances that make someone more likely to be scammed. An online survey can help older adults assess their risk of being exploited based on how they make financial decisions. 

My wife is in a nursing home in Texas, and I am her agent under her power of attorney. She recently caught COVID-19 and the nursing home is refusing to give me any information about her health or let me speak to her. They’ve closed the facility to visitors, but they won’t even give me basic health information on how she has been doing since her COVID diagnosis. Is there anything I can do?

A number of tax proposals being considered in Congress that could significantly affect gifting and estate plans. There are planning strategies to help protect your estate from future tax changes, so now is a good time to look at your estate plan and see if you need to make adjustments. 

Summer is winding down and if you are one of the lucky ones, you got to spend some time at a family vacation home. How do you make sure your children and grandchildren can enjoy that second home as much as you did?

My mom gave us land less than five years ago. Now she is applying for Medicaid and is subject to a five-year look-back period. Can we give the land back to our mother so that she doesn’t get a transfer penalty?

Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible to have the marriage annulled? It can be done, as a Nebraska widower recently learned, but only in certain circumstances.