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The Five Ds: When to Call Your Elder Law Attorney
July 21st, 2022
You met with an elder law or estate planning attorney, discussed your goals, and signed documents reflecting your wishes. With a sigh of relief, you store your documents away and check that item off your to-do list. But wait! Don’t forget to mark y…
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Three Ways to Avoid a Reduction in SSI Benefits Due to In-Kind Support and Maintenance (ISM)
June 8th, 2022
Only individuals with limited income and assets are eligible for Supplemental Security Income, known as SSI. (Do not confuse SSI and Social Security Disability Insurance (SSDI) which is a very different program.) If an individual who receives SSI is…
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How to Administer an Estate: A Guide for the Personal Representative
May 5th, 2022
A personal representative (aka executor) administers the estate of a deceased person. This blog serves as a general guide when probate is needed, but some circumstances will require additional steps. We encourage you to reach out to an attorney for a…
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Categories: Probate
What is Elder Law?
March 30th, 2022
Elder law is more about the clients we serve than the type of legal services we provide. It’s not just wills and trusts, and it isn’t just for folks we would traditionally consider “elderly.” Our planning solutions apply long before most peop…
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My spouse is in a nursing home, should we get a divorce?
March 7th, 2022
Your spouse is going to need long-term care or is already in a nursing home and you have heard that the State will take all your money. Is getting a divorce to qualify for MaineCare (Maine’s Medicaid program) a good idea? We get this question more…
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Retaining SSI and Medicaid While Working
January 20th, 2022
Retaining SSI and Medicaid While Working Employment is about more than making a living. Working and earning a wage promotes dignity, self-worth, and independence and provides community. Fortunately, a person with disabilities can participate in the w…
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Categories: Special Needs Planning
The Community Spouse Resource Allowance
January 20th, 2022
Many individuals rely on MaineCare (Maine Medicaid) benefits to help pay for expensive long-term care services. The MaineCare rules and asset limits are confusing, hard to find, and difficult to navigate. In addition, the available strategies for leg…
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Litigators, Do No Harm: Eight-Point Checklist for Minimizing Loss of Public Benefits for Plaintiffs Receiving a Settlement or a Judgment
November 1st, 2021
You worked hard to achieve a good result for your client. Your client is now due – or already may have received – a settlement or a judgment to compensate them for some harm or loss. But will that recovery threaten your client’s eligibility for…
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Categories: Special Needs Planning
Highlights and Updates in Special Needs Planning
October 29th, 2021
Planning for individuals with disabilities is typically referred to as “special needs planning.” Stetson University College of Law presented its 23rd annual National Conference on Special Needs Planning and Special Needs Trust in mid-October. Thi…
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Categories: Special Needs Planning
Protecting the House
September 16th, 2021
How do I protect my home from the State? When applying for the Maine Medicaid (MaineCare) benefit that pays for long-term care services, the applicant’s primary residence does not count towards the $10,000 asset limit in most circumstances. This me…
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