Articles

WHAT PROFESSIONAL ADVISORS NEED TO KNOW ABOUT SPECIAL NEEDS TRUSTS PURSUANT TO 42 U.S.C. § 1396p(d)(4)(A)

Why Does 42 U.S.C. § 1396p(d)(4)(A) Matter to an Individual with Disabilities? Many individuals with disabilities depend on public benefits like Supplemental Security Income (SSI) and Maine Medicaid (MaineCare). Those benefits are “means-tested” (or “needs-based”) which means they are only… Read More
Read More

INTRODUCTION TO SPECIAL NEEDS TRUSTS

A special needs trust is established for the benefit of an individual with disabilities. There are several types of special needs trusts, but the purpose of all special needs trusts is the same: to maximize resources and to administer trust assets without causing the beneficiary to lose eligibility… Read More
Read More

GUARDIANSHIP AND CONSERVATORSHIP OF ADULTS  

Although adults are assumed to be capable of making their own decisions, there are times when circumstances render an individual incapable of making responsible decisions. If a person becomes unable to make her own decisions, and no other instrument is in place to appoint a decision maker, it may be… Read More
Read More

PLANNING AHEAD: ASSET PROTECTION TRUSTS

Why Plan Ahead for Long-Term Care? Long-term care services are “a combination of medical, nursing, custodial, social, and community services designed to help people who have disabilities or chronic care needs, including dementia. Services may be provided in the person’s home, in the community, i… Read More
Read More

Paying Family Members for Care

When an aging family member needs help, some families are able to arrange for an adult child, grandchild, or other relative to provide the necessary care and assistance. This can be a wonderful solution to allow the individual to remain at home and provide an employment opportunity for the family me… Read More
Read More

SUPPLEMENTAL SECURITY INCOME: WHAT IS IN-KIND SUPPORT AND MAINTENANCE?  

What Is In-Kind Support and Maintenance (ISM)? In-kind support and maintenance is food or shelter that someone else provides for you. For example, if someone else pays your rent, mortgage, or utility bills, or if someone buys your groceries for you, you have received ISM. If someone allows you to li… Read More
Read More

PAYING FOR LONG-TERM CARE IN MAINE

I. What Is Long-Term Care? Generally, long-term care is a variety of services intended to meet the medical and non-medical needs of individuals with chronic illness or disability who cannot care for themselves for long periods of time. But the definition of long-term care can be much more restrictiv… Read More
Read More

DUTIES AND RESPONSIBILITIES OF A PERSONAL REPRESENTATIVE

A personal representative (PR) is an individual or entity appointed by the Probate Court to administer the estate of someone who has passed away. The PR may be someone who was named in the will of the decedent or, if there was no will or the will did not nominate a PR, someone else who steps forward… Read More
Read More

THE FAMILY CAMP: OWNERSHIP AND FUTURE MANAGEMENT

Whether you call it a camp, a cottage, or a cabin, the place where your family comes together is special. There are several techniques for transferring the family camp to the next generation. It is imperative to consider your family’s goals and dynamics when choosing which technique is best for yo… Read More
Read More

WHY CONSULT AN ESTATE PLANNING ATTORNEY?

What Is Estate Planning? An “estate” consists of the real and personal property owned by an individual or over which the individual has some control. “Estate planning” is the process of arranging for the protection and transfer of your estate in the event of incapacity or death. It helps you… Read More
Read More

Testimonials

We highly recommend Jane Skelton and the team at the Maine Elder Law Firm.”
– Carroll E. Harper & Jay Pearl, Managing General Agent & Director of New Business Development, Carroll Harper & Associates, Inc.