Articles

Qualifying for Medicaid benefits can be a critical concern for individuals seeking long-term care, as Medicaid often covers significant healthcare costs associated with aging and disabilities. However, because Medicaid has strict income and asset eligibility requirements, many individuals employ various

Dear Attorney Tully: I am an 85 year old widow. I am considering adding my children’s names on all of my bank accounts in an attempt to protect them if I need nursing home care in the future. What do

Studies show that older Americans prefer to stay in their homes if they possibly can. It is no surprise, then, that most care of older persons is provided at home, whether by family or by hired help.  While many consider

Donald Trump and Kamala Harris represent two contrasting approaches to addressing senior issues in the United States, reflecting their broader political ideologies and priorities. As the  former President and the current Vice President, their positions on matters affecting the elderly

Long-term care in the United States is provided overwhelmingly by unpaid caregivers; researchers estimate the value of this unpaid caregiving at well over $196 billion per year. By contrast, paid caregiving costs the public and private sectors about $173 billion,

Depression among seniors is a significant yet often overlooked issue that can greatly affect the quality of life in older adults. As individuals age, they face various life changes, including retirement, the loss of loved ones, health issues, and feelings

Senior financial abuse, a form of elder exploitation, is a growing concern in an aging society where financial vulnerabilities increase with age. This form of abuse not only jeopardizes the financial stability of older adults but also profoundly impacts their

Dealing with difficult seniors who have dementia can be a challenging yet rewarding experience. As dementia progresses, individuals may exhibit behavioral changes that can be difficult for caregivers and family members to manage. Understanding the nature of dementia, employing effective

Dear Attorney Tully: I read your column regularly. Thank you for taking the time to keep so many seniors in our area up to date on senior legal issues. I want you to tell me what I need to do

I have become increasingly concerned about incorrect “advice” that some seniors are being told by professionals about “spending down” for Medicaid (Title 19) and how soon one can become eligible. More and more I’m seeing clients who may have talked

Dear Attorney Tully: I am terrified. My husband and I are probably younger seniors than you see in your practice, but my husband is very sick and in a nursing home for long-term care. I’ve been told I have to

Dear Attorney Tully,  Our family is in a bad situation. My husband is permanently in the nursing home. He is incapable of making decisions and cannot communicate. We are being told by the state that we need to spend down

The phenomenon of elderly spouses providing care for one another is increasingly common as life expectancy rises and the population ages. While this mutual caregiving can foster companionship and emotional support, it is fraught with potential dangers that can adversely

In a 60 Minutes episode, the show focused on individuals with frontotemporal dementia (FTD) and the negative results of such. It was difficult for me to watch when they had an example of a 50 year old  husband had FTD.

In the landscape of financial management and planning, individuals often grapple with a myriad of decisions that impact their future security and well-being. Among these decisions, Medicaid planning and tax planning are two critical components that can significantly affect one’s

Q: Once I qualify for Medicaid, will the quality of care I receive be sub-standard?  A: No. It is illegal for a facility to discriminate against someone receiving Medicaid  benefits. By law, Medicaid patients are to receive the same level

Losing a spouse is undoubtedly a devastating event that brings emotional, practical, and legal challenges. In addition to dealing with grief and loss, individuals must also navigate the legal and financial implications that arise when a spouse passes away.  Understanding

Reverse mortgages can be a valuable financial tool for seniors, providing them with numerous benefits and opportunities. One should explore the reasons why reverse mortgages are good for seniors, focusing on their ability to provide financial stability, independence, and the

As individuals age, the likelihood of facing health care crises increases. Seniors, in particular, are vulnerable to unexpected medical emergencies or chronic conditions that require immediate attention. To ensure their well-being and maintain control over their healthcare decisions, it is

Dear Attorney: I am so confused. My husband was just placed in a nursing home and will need Medicaid. Some of my friends are telling me that my husband and I can’t have life insurance policies. Is this true?  ANSWER: 

Dear Atty. Tully,  My sister-in-law has a considerable amount in her IRA. Her husband is in a nursing home. Her main concern is that the state will take away her funds from the IRA if her husband applies for Medicaid.

Understanding who your beneficiary is ensures that your assets are distributed according to your wishes after your passing. By designating a beneficiary, you have the  power to determine who will receive your financial assets, such as life insurance,  retirement accounts,

There are many myths about Alzheimer’s that people accept as common knowledge.   However, many of these so-called “facts” could not be further from the truth. The Alzheimer’s Association lists 8 myths associated with the disease. They are:  Myth #1 –

Fifteen percent of those who suffer from Parkinson’s disease are under 40 and the rate of the illness increases with age. Although the cognitive skills of a person with Parkinson’s are not always affected by the illness, the hand tremors,

Maurice and Giselle had lived on their family farm for over 30 years. Recently, Maurice suffered a stroke and his doctor told him he needed long-term nursing home care. “Finding a nursing home is not the problem” Giselle said, when

Around this time of year, unscrupulous companies step up their efforts to market costly living trusts to older Americans – arrangements that may actually undermine the buyer’s economic security. Recently, Minnesota’s attorney general became the third attorney general to file

In light of the shortage of caregivers, it is crucial to have a caregiver plan for seniors. The aging population is increasing rapidly, and many seniors require assistance with their daily activities and healthcare needs. Having a well-thought-out caregiver plan

Even though Sally had been diagnosed with Alzheimer’s disease, she prided herself in her continuing ability to do all her own grocery shopping. She also drove to her beauty parlor appointment every Saturday morning. Her husband, Don, had noticed that

Both adult day care and adult day healthcare can give caregivers an occasional or a regular respite from caretaking. In the case of caretakers who work outside jobs, it delays permanent long-term care.  Adult day healthcare provides medical services in

You have just been appointed as an agent, or “attorney-in-fact,” under a durable power of attorney, a document that, for most people, is even more useful than a will. Your appointment allows you to act in place of the “principal”

When it comes time to plan for long-term care and the distribution of assets at death, procrastination may be something families must overcome. Some people can feel overwhelmed. Some people find it hard to discuss this topic. Some are concerned

A growing problem in the long-term health care industry is whether a Medicaid application company is representing the nursing home or the patient. The situation reeks of a conflict of interest. Something that every senior should think long and hard

Millions of Americans are currently caring for an elderly family member or friend at home, without receiving regular compensation. Depending on the circumstances, however, it may actually be beneficial for both parties to enter into a formal agreement called a

We recently lost a great lawyer and person. Former U.S Senator Lieberman was truly a public servant, putting his constituents before himself. Early in my legal career, I worked as Assistant Attorney General for the State of Connecticut under then

Dear Attorney Tully: My mother is 90 years old and in poor health. I want her to stay home for two reasons. She feels more comfortable at home and it is a lot less expensive than a nursing home or

It often starts with the kids. They are worried about their aging parents and what will happen to the family house. Will it be lost to Medicaid should the parents need nursing home care or subject to estate taxes? The

According to the Alzheimer’s Association, today more than 6.7 million Americans are living with Alzheimer’s. By 2050, it is projected that this number will rise to nearly 13 million. One in three seniors will die with this disease or another

In my practice, I see families who are caring for a loved one who has dementia. This column will explore the basic phases of dementia, the stresses that caregivers go through and how to lower these stresses. First, here are

Retirement has changed radically over the last several decades in America. Years ago, you expected to work most of your life for a single, large employer and could then count on a pension. “Retirement planning” meant figuring out how to

Dear Attorney Tully:    I have been diagnosed with having a “chronic” illness. I don’t have Alzheimer’s or cancer, but I am ill and probably won’t get better. I’m not sure what the future holds for me, but I know

In this column we have always pledged to bring seniors’ attention to matters that could affect their wellbeing. A recent concern is the ownership of some nursing homes in Connecticut. Private equity funds owning nursing homes can have several negative

As individuals age, the possibility of requiring long-term care, such as nursing home services, become a reality for many. However, the rising costs associated with these services can pose a significant financial burden on individuals and their families. Therefore, it

Caring for a loved one with Alzheimer’s disease is an honorable and selfless act, but it can also be physically, mentally, and emotionally demanding. Alzheimer’s caregivers often prioritize the well-being of their loved ones, neglecting their own needs in the

Singer/songwriter John Mayer in his song, “Stop this Train,” wrote:  I’m so scared of getting older  I’m only good at being young  So I play the numbers game  To find a way to say my life has just begun  Had

NOW THAT YOU HAVE A WILL…  Here Are a Few Things You Need to Know About Your Will. Where should you store it? Who should know it exists? How do you change your Will. WHERE SHOULD I KEEP MY WILL? 

Many families take this time of the year to address ‘the elephant  in the room’. After visiting with mom and dad many adult children decide it is time for family meeting to handle the health and safety concerns. Their parents

As we age, the questions and options we face grow more complex and confusing. Managing medical issues, finances, where we will live and how to maintain quality of life requires thoughtful planning. Too often, seniors or their families turn to

With the end of the year in sight, many of us have made New Year’s Resolutions. You may have  made a resolution to exercise more, spend more time with your family, or watch less TV. However, one resolution you should

Alzheimer’s disease is a progressive neurological disorder that affects millions of  individuals worldwide. As the disease progresses, it can significantly impact a person’s  cognitive abilities, including their memory, judgment, and decision-making skills. One crucial aspect that needs to be addressed

Dear Attorney Tully: I don’t really have a question. I enjoy your column  and would like it if you could enlighten your readers about early Alzheimer’s.  My husband was 58 years old when he was diagnosed. The road after that

Hiring an attorney is a difficult decision, but elder law in particular is a complicated field.  Beyond simple estate planning, a good elder law attorney will advise clients on a range of long term care planning issues, taking into consideration

The holidays are, for most people, a combination of tradition, nostalgia, stress and joy. We work hard preparing for our holidays, from finding just the right gift for a child to squeeze, to card sending and traditional baking in between

With all of the current global events, drastic weather changes and political friction in Washington, senior rights can get pushed to the back burner. It is imperative that seniors protect their rights and do not allow a reduction in their

Fifteen percent of those who suffer from Parkinson’s disease are under 40, and the rate of the illness increases with age.  Although the cognitive skills of a person with Parkinson’s are not always affected by the illness, the hand tremors,

Maurice and Giselle had lived on their family farm for over 30 years. Recently,  Maurice suffered a stroke and his doctor told him needed long-term nursing home care. “Finding a nursing home is not the problem, “ Giselle said, when

America is aging and people are living longer than ever before. Such conditions have  given rise to what’s known as the “sandwicher” phenomenon.  Sandwichers are typically Baby Boomers with children living at home, who also manage or provide for their

Timing is everything. How often have you heard someone express that sentiment?  While it’s often true of life in general, it’s certainly true in Medicaid planning.  So, does an inheritance count as an asset for Medicaid purposes? For a single 

  Guilt is one of the strongest emotions that plagues caregivers. It’s OK to have this  feeling, but this article will give you some tools to get rid of it, too! Caregivers often  make promises that they simply cannot keep

Dear Attorney Tully: I am and have been my father’s caregiver for the past 3 years. I left my job to take of him. I don’t want a medal; my father did everything for me as a child and I

No one wants to face the fact that our loved ones will not be with us forever.  Facing our own mortality is frightening as well. Although none of us wants to  contemplate a time when we or a loved one

When you think of retirement do you think about unlimited golf, sleeping late and days on the beach. You probably don’t think about your loved one being diagnosed with   Alzheimer’s and being terrified of losing your house and life savings. 

A durable power of attorney is one of the most important estate planning documents you can have. It allows you to appoint someone to act for you (your “agent” or “attorney-in-fact”) if you become incapacitated. Without a power of attorney, your

Many seniors and their families don’t use a lawyer to plan for long-term care or Medicaid, often because they’re afraid of the cost. But an attorney can help you save money in the long run as well as make sure

Dear Attorney Tully: I feel like a bomb shell has been dropped on me.  My husband, who is only 65 years old, has been diagnosed with early onset Alzheimer’s.  I don’t know what I should do, who I should turn

Millions of Americans are currently caring for an elderly family member or friend at home, without receiving regular compensation. Depending on the circumstances, however, it may actually be beneficial for both parties to enter into a care contract wherein the

We all have our individually defined ‘space’ – how much we disclose about ourselves, our circumstances, our finances. But there are situations that demand total disclosure! Many of us are agents for our aging parents:  parents who have kept everything

The world of music lost a true icon recently with the passing of Tony Bennett at age 96. In addition to his remarkable music career Bennett will also be remembered for his ability to continue performing despite being diagnosed with

Long-term care in the United States is provided overwhelmingly by unpaid caregivers; researchers estimate the value of this unpaid caregiving at well over $196 billion per year.  By contrast, paid caregiving costs the public and private sectors about $173 billion,

Choosing an assisted-living facility can be difficult.  You want to make sure you are getting the place that best suits your needs or the needs of your loved one.  There are a number of steps that you can take to

If you are getting remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters like redoing your estate plan.  You may have created an estate plan during your first marriage, but this time

When a loved one moves to a nursing home, family members are often shocked to learn that the bill is not paid by Medicare or health insurance.  Few families have the money to pay the average nursing home bill themselves. 

Dear Attorney Tully:   I am terrified.  My husband and I are probably younger seniors than you see in your practice, but my husband is very sick and in a nursing home for long-term care.  I’ve been told I have

Philosopher George Santayana noted, “Those who cannot learn from history are doomed to repeat it.” Both state and federal officials have announced that the public health emergency – Covid – is over. While we are all thankful for that announcement,

The shock of a loved one being diagnosed with dementia or Alzheimer’s is not always easy to understand or process.  Tallula Willis, the youngest daughter of action movie star Bruce Willis, admitted the same in a recent issue of Vogue

Many people think that estate plans are for someone else, not them.  They may rationalize that they are too young or don’t have enough money to reap the tax benefits of a plan.  But as the following list makes clear,

On this Memorial Day, it is appropriate to remember the ultimate sacrifices made by those who served our country.  We should take time to reflect and pay honor to the fallen men and women who so nobly served.  Their sacrifices

In the movie, On Golden Pond, Connecticut’s own Katherine Hepburn protested that she was not old, but rather middle age.  In response, Henry Fonda’s character said, “We are not in middle age. People do not live to be 150 years

Over the years, as an elder law attorney, I have heard clients say that they do not want to apply for medical benefits (Medicaid) that they are entitled to for fear of the state at some point seeking recovery. While

Elder law is a specialty area of legal practice that involves understanding and meeting the unique needs of elder clients and their families.  The main difference between estate planning attorneys and elder law attorneys is that elder law attorneys focus

Dear Attorney Tully: I am an 85-year-old widow.  I am considering adding my children’s name on all of my bank accounts in an attempt to protect them if I need nursing home care in the future.  What do you think

Studies show that older Americans prefer to stay in their homes if they possibly can.  It is no surprise, then, that most care of older persons is provided at home, whether by family or by hired help.   While many

“Don’t wait to do something” In the recent Master’s Golf Tournament, 23-year-old Sam Bennett was a fan favorite, not just for his tremendous play, but also for the compelling story about his father who passed at an early age due

Dear Attorney Tully: My father is in his late 80’s and can’t handle the stress of caring for my mother, who has Alzheimer’s. He is in failing health and has tried his best to care for her for years.  Between

Dear Attorney: I am so confused. My husband was just placed in a nursing home and will need Medicaid. Some of my friends are telling me that my husband and I can’t have life insurance policies.  Is this true?  

I am so blessed to have my high school buddies still my closest friends (golf buddies) over 40 years later.  We have gone from young athletes to college students to husbands to fathers and now grandfathers.  Our hair has gotten

Dear Attorney Tully: Ten years ago, my grandmother became ill and needed nursing home care.  I wish I had heard about you then.  She lost everything she owned to the nursing home in 18 months.  Now my father is ill

A growing problem in the long-term health care industry is whether a Medicaid application company is representing the nursing home or the patient. The situation reeks of a conflict of interest.  Something that every senior should think long and hard

We’ve all had it happen. It’s been a bad day, the kids are screaming, the dog gets out and terrorizes the neighborhood, the washing machine overflows, all heck is breaking loose and the phone rings…And it’s your friend on the

As baby boomers age, more of them are providing care for their elderly loved ones. This can range anywhere from simply checking in on a loved one to make sure they are OK; to planning meals and managing their medications;

Dear Attorney Tully:  I thought this day would never come.  My siblings and I have to place Mom in a nursing home.  You cannot believe the guilt we feel about placing her there.  We feel as if we have let

Years ago, I read an article in a Greenwich magazine entitled, “The internet is not your doctor.”  The title caught my eye because that is something I have written about for years as it pertains to lawyers.  The title could

Early in my legal career, I worked as Assistant Attorney General for the State of Connecticut under then Attorney General Joe Lieberman.  My job there was to prosecute Medicaid fraud cases. In most cases, people were not intending to dupe

It has been 18 years since the death of former President Ronald Reagan.  When President Reagan died, it reminded Americans about the devastating disease known as Alzheimer’s.   Reagan wrote a letter to the country in 1994, which included these words: 

As the families of individuals with special needs undertake long-term financial and estate planning, they face critical challenges and require professional assistance. Attorneys, trust officers and other estate planners, however, know that financial planning is only one part of what

Are you being told by a friend, accountant, or financial planner that you can give away $17,000 per year to your children and do not have to worry if you need nursing home care? Depending upon your age and health,

In my practice, I see families who are caring for loved ones who have dementia.  This column will explore the basic phases of dementia, the stresses that caregivers go through and how to lower these stresses. First, here are some

When advising our senior clients on reviewing anything they are asked to sign for home care, assisted living and nursing home care, we always insist that we review the document first.  Here is why. Recently I reviewed an admissions packet

Happy New Year! The year 2022 was a tumultuous year with the economy, war and scams on seniors.  The new year gives us all a fresh start with optimism for our future.  It also gives us a chance to set

You may have heard the term “silver tsunami” used in explaining the number of baby boomers reaching retirement age, declining birth rates and individuals living longer. The U.S. Census Bureau projects that by 2035, for the first time in U.S.

Singer/songwriter John Mayer in his song, “Stop this Train,” wrote:   I’m so scared of getting older I’m only good at being young So I play the numbers game To find a way to say my life has just begun

Dear Attorney Tully: I am so upset and desperate.  My husband, who has been healthy all his life, now needs to go into a nursing home.  I was told that Medicare will not pay for the nursing home after a

Fifteen percent of those who suffer from Parkinson’s disease are under 40 and the rate of the illness increases with age.  Although the cognitive skills of a person with Parkinson’s are not always affected by the illness, the hand tremors,

With the end of the year in sight, many of us have already begun to think about New Year’s resolutions we might want to make, such as exercising more, spending more time with our family or losing weight.   However, one

While no one ever wants to move to a nursing home, it is estimated that over 40 percent of our senior population will end up in a nursing home for long-term care.  There are 18,000 nursing homes in the United

In my practice, I see families who are caring for a loved one who has dementia.  This column will explore the basic phases of dementia, the stresses that caregivers go through and how to lower those stresses. First, here are

When it comes time to plan for long-term care and the distribution of assets at death, procrastination can be hard on a family. Some people can feel overwhelmed.  Some people find it hard to discuss this topic. Some are concerned

In November we change our clocks back to standard time.  Just as we are encouraged to change the batteries in our smoke detectors when we go off, or on, daylight savings time, I’d like to encourage you to take the

After a loved one dies, there are many issues that need to be addressed to wrap up the person’s legal and financial affairs.  The following is a checklist of issues to consider: The funeral home should take care of providing

Dear Atty. Tully, Several years ago I went through a horrible experience with my mother when she became ill and had to go into a nursing home.  Unfortunately, my mother did not plan in advance and she lost just about

Aging persons and their family members face many unique issues.  As you can tell from topics in this column, the legal, financial and care planning issues facing prospective nursing home residents and their families can be particularly complex.   If

Perhaps you are wondering If your loved one may have dementia or Alzheimer’s. How can you tell the difference and what does it mean?    Many people get confused about the difference between dementia and Alzheimer’s.  In honor of World

Dear Attorney Tully: I was wondering if you could comment on how difficult it is to deal with the deterioration of the health of your loved one. Our family recently used your firm and were very happy with the fact

We often hear from children who are concerned that their parents may not have an estate plan in place. The children are worried that if something happens to one or both parents, the children will not be equipped to assist

Labor Day is a day to honor those who work hard all year for themselves and their families.  It can also be a time for seniors to reflect on what might happen to their retirement should there be a need

We are frequently asked to assist clients with financial planning for their retirement or the payment of long-term care.   Unfortunately, we find that clients have often made significant mistakes in their investment planning.  Having a clear-cut, simple financial plan in

CBS Mornings program recently carried a segment on family members and friends being held responsible for their loved one’s nursing home bills.  I had a client come into my office this week with a bill from a nursing home.  The

QUESTION: The bombs dropping all around me during my time in Vietnam were nothing compared to the news that was just dropped on me.  My, wife, who is only 64 years old, has just been diagnosed with early onset Alzheimer’s. 

Our law firm assists seniors, disabled persons and their family members in applying for Medicaid (T-19) assistance. Medicaid is a state program funded in part by the federal government. Each state has its own Medicaid rules and regulations. Relying on

Many seniors are under the false impression that by merely adding their child’s name to a bank account, it protects that account over time. In Connecticut, the State Department of Social Services (DSS) says that adding someone else’s name to

One of the most gratifying aspects of my job as an elder law attorney is being able to help seniors and their families in a health care crisis. It brings me great personal and professional satisfaction to help a family

Dear Attorney Tully: I was wondering if you could comment on how difficult it is to deal with the deterioration of the health of your loved one. Our family recently used your firm and were very happy with the fact

Dear Attorney Tully: Dad’s physical health is failing rapidly. He is already in a wheelchair and I suspect it’s probably time for him to go into a nursing home for long-term care. But, I’m worried because there is so much

As baby boomers age, more of them are providing care for their elderly loved ones.  This can range anywhere from simply checking in on a loved one to make sure they are OK, to planning meals and managing their medications,

The COVID-19 pandemic has caused many problems for seniors. Some seniors are in nursing homes and are unable to have visitors, including spouses. Spouses have become separated in the last days of their lives. Family members are unable to say

With the coronavirus (COVID-19) pandemic hitting nursing homes and assisted living facilities especially hard, families are wondering whether they should bring their parents or other loved ones home. It is a tough decision with no easy answers. The number of

A few months ago, I read an article in Greenwich Magazine entitled, “The internet is not your doctor.” The title caught my eye because that is something I have written about for years as it pertains to lawyers. The title

Many of my clients have said when they watch the daily briefings by the Coronavirus Task Force, Dr. Anthony S. Fauci, head of the National Institute of Allergy and Infectious Diseases at the National Institutes of Health, gives them a

As seniors age, many times they will be confronted with some type of crisis situation. In order to avoid a crisis, it is best to be proactive, which means to plan as if there could be a crisis in the

Several years ago, when former Bristol state Sen. Steve Casey commented about the difficulty associated with his heart transplant, I was struck by his candor and courage when he said, “When life gives you lemons, you make lemonade.” That type

With coronavirus dominating news coverage and creating alarm, it is important to know that Medicare and Medicaid will cover tests for the virus. The department of Health and Human Services has designated the test for the new strain of coronavirus

Hospice care is a team-oriented approach to medical care, designed to enhance the quality of life as it nears its end. It is designed to aid in pain management and offer emotional and spiritual support through palliative therapy, education and

We often hear from children who are concerned that their parents may not have an estate plan in place. The children are worried that if something happens to one or both parents, the children will not be equipped to assist

Our law firm assists seniors, disabled persons and their family members in applying for Medicaid assistance. We frequently observe the following planning errors that people make when applying for Medicaid. Medicaid myths: Relying on information from family members, friends or

Many baby boomers are retired or getting ready to retire. Many are in good health and are looking forward to not having to work. Their children are often grown, educated and on their own. Many boomers have a modest pension

You may have heard the term “silver tsunami” used in explaining the number of baby boomers reaching retirement age, declining birth rates and individuals living longer. The U.S. Census Bureau projects that by 2035, for the first time in U.S.

Dear Attorney Tully: When is the best time for an individual to do his will and/or estate planning? I am a 63-year-old, divorced man with three adult children. I have a few minor health issues, but am otherwise in pretty

Q: Once I qualify for Medicaid, will the quality of care I receive be substandard? A: No. It is illegal for a facility to discriminate against someone receiving Medicaid benefits. By law, Medicaid patients are to receive the same level

In order to understand Medicaid qualification, you first need to know how Medicaid treats your assets. Basically, Medicaid breaks your assets down into two separate categories. The first are those assets which are exempt and the second are those assets

The tragic and untimely death of TV news personality Denise D’Ascenzo points out the fact of how fragile life can be. Denise was a presence in our homes on the nightly news for decades. Many of us felt like she

The holidays are, for most people, a combination of tradition, nostalgia, stress and joy. We work hard preparing for our holidays, from finding just the right gift for a child to squeeze, to card-sending and traditional baking in-between open houses

A client of mine recently said that his parents have a bad case of the “I’m gonna’s.” Many times they talked about protecting their home and assets, but never did anything. They said, “We’re going to do the planning,” but

As we prepare for Thanksgiving, our thoughts turn to family. In this column, I have written about the passing of both of my parents and the legal issues associated with their passing. During the past week, I was blessed to

Dear Attorney Tully: Thank you for writing the column about senior issues. I only wish my husband would read your articles. We are in our mid-70s and he is in failing health. He still does not have a living will.

Dear Attorney Tully: My husband is in a nursing home for long-term care. I tried to file for Medicaid benefits on my own in order to save money, but the application was denied because we gave gifts to our children.

Dear Attorney Tully:I am a 76-year-old widow and, now that autumn is upon us, I will shortly be leaving for my winter home in Florida. My family always sends me your column, “Senior Signals,” which I very much enjoy reading.

My law partner, Dean B. Kilbourne, and I recently attended a benefit luncheon presented by SilverSource of Stamford entitled, “Inspiring Lives.” The keynote speaker was television personality and senior advocate Joan Lunden. Lunden is best known for being co-host of

Maurice and Giselle Boucher have lived on their family farm for over 30 years. Recently, Maurice suffered a stroke and his doctor told him he needed long-term nursing home care. “Finding a nursing home is not the problem,” Giselle said,

There are specific rules that Congress has passed that protect the community (healthy) spouse if the other spouse goes into a nursing home. The Medicaid law provides special protections for the spouse of a nursing home resident to make sure

A Letter To the Editor of the New York Times: “Aging Parents’ Willfulness May Be ‘Mismatched Goals,’” by Paula Span (The New Old Age, Sept. 3), seems to presume that middle-aged adults have a right to intervene in their aging

Dear Attorney Tully: My gentleman friend and I are traditionalists who would prefer to be married rather than to live together. However, if we were to get married, we would take a financial hit that might strain our finances. How

Timing is everything. How often have you heard someone express that sentiment? While it’s often true of life in general, it’s certainly true in Medicaid planning. So, does an inheritance count as an asset for Medicaid purposes? For a single

Dear Attorney Tully: I am so disgusted. Eight years ago we moved all of my father’s funds from my father to him and all three children. I thought after five years that Dad’s assets would be protected. Now we found

We often hear from children who are concerned that their parents may not have an estate plan in place. The children are worried that if something happens to one or both parents, the children will not be equipped to assist

Most facilities in Connecticut can easily exceed $206,000 per year. Life savings can quickly be depleted paying these bills. As life savings are depleted, gone too, are the dreams many seniors have of leaving an inheritance to their children and

Singer/songwriter John Mayer in his song, “No Such Thing,” wrote: And all of our parents They’re getting older I wonder if they’ve wished for anything better While in their memories Tiny tragedies It is easy for me to say in

Dear Attorney: I am so confused. My husband was just placed in a nursing home and will need Medicaid. Some of my friends are telling me that my husband and I can’t have life insurance policies. Is this true? Answer:

Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn’t receive) under a will, he or she may contest the will. Will contests can drag out

Dear Attorney Tully: I own rental property. My friends at the senior center are telling me to put my rental property into an LLC so that I’m protected from liability if I’m sued for any reason. ANSWER: If you own rental

It has been 15 years since the death of former President Ronald Reagan. When President Reagan died, it reminded Americans about the devastating disease known as Alzheimer’s. Reagan wrote a letter to the country dated in 1994, which included these

Dear Attorney Tully: I have a major problem with my family. My mother passed away recently. I did everything for her: I lived with her, I cared for her and made her comfortable for many years. My mother changed her

One recent evening, I was playing golf with my college-aged daughter, Allie. In watching her play, I had many memories of the little girl who was more interested in looking for frogs on the golf course than playing golf. Now

It often starts with the kids. They are worried about their aging parents and what will happen to the family house. Will it be lost to Medicaid should the parents need nursing home care or subject to estate taxes? The

Jack and Betty Jones have lived on their family farm in Connecticut for over 40 years. Recently, Jack suffered a stroke and his doctor told him he needed nursing home care. “Finding a nursing home is not the problem,” Betty

A power of attorney is a very important estate planning tool, but in fact there are several different kinds of powers of attorney that can be used for different purposes. Before executing this crucial document, it is important to understand

A durable power of attorney is one of the most important estate planning documents you can have. It allows you to appoint someone to act for you (your “agent” or “attorney-in-fact”) if you become incapacitated. Without a power of attorney,

With the end of April in sight, many of us have already long since forgotten about those New Year’s Resolutions we might have made — perhaps you were going to exercise more, spend more time with your family, or watch

Fifteen percent of those who suffer from Parkinson’s disease are under 40, and the rate of the illness increases with age. Although the cognitive skills of a person with Parkinson’s are not always affected by the illness, the hand tremors,

When a loved one moves to a nursing home, family members are often shocked to learn that the bill is not paid by Medicare or health insurance. Few families have the money to pay the average nursing home bill themselves.

When someone is faced with the overwhelming job of finding a nursing home for a loved one, the question often asked is, “Where do I begin?” Although this is a job that no one wants to do, it can be

Few people want to reside in an assisted living facility, nursing home, continuing care retirement community, or other long-term care facility. Most people prefer to reside in their homes with the familiar presence of their family and friends. After one

Medicare is an entitlement program, while Medicaid is a welfare program. Medicare, in effect, is a government run health insurance plan. It is available to anyone older than 65 (or disabled) who has paid into the Social Security system. In

Q: Once I qualify for Medicaid, will the quality of care I receive be sub-standard?A: No. It is illegal for a facility to discriminate against someone receiving Medicaid benefits. By law, Medicaid patients are to receive the same level of

Long-term care in the United States is provided overwhelmingly by unpaid caregivers; researchers estimate the value of this unpaid care giving at well over $196 billion per year. By contrast, paid care giving costs the public and private sectors about

After a loved one dies, there are many issues which need to be addressed to wrap up the person’s legal and financial affairs. The following is a checklist of issues to consider: – The funeral home should take care of

Through the miracles of technology and science, our life expectancy has increased considerably over the last few decades. We are seeing people living longer and enjoying life to the fullest. While this certainly is good news, longer life brings with

Taking care of an elderly loved one, whether due to dementia or illness, can be exhausting and stressful. Often due to the lack of outside help, a devotion to the person needing care, or the tunnel vision that can accompany

President Lyndon Johnson had a vision of how older Americans should be treated. On July 30, 1965, President Johnson, at the signing of the Medicare Bill, talked about the purpose of Medicare and the dignity it would restore to America’s

Dear Attorney Tully: I am a recently retired senior. It seems funny to call myself a senior, but I guess I am. My girlfriend and I had a discussion recently over coffee. She said I can’t make gifts to my

Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don’t have enough money to reap the tax benefits of a plan. But as the following list makes clear,

Will you have to divorce your husband or wife to protect what you’ve worked your lifetime for if a loved one gets ill? This is exactly what was proposed by Columbus, Ohio Elder Law Attorney William Jr. Browning. Ohio, like

Dear Attorney Tully: My wife is ill and will have to go into a nursing home in a few months. She has $43,000 in her name and I have $100,000 in my name. Can the state of Connecticut come after

We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you don’t have a will when you die? Your estate will be distributed according to state laws,

There is no way to successfully run and hide from stress when you are the caregiver for a loved one with Alzheimer’s. Stress is both normal and expected, and should not cause you to be afraid. Distress, on the other

If you are a primary caregiver for a loved one, you are well aware of the daily stress and emotional and physical impact it can have on your health. Susan learned this first hand when she and her husband, Tom,

Dear Attorney Tully: I am an 85 year old widow. I am considering adding my children’s names on all of my bank accounts in an attempt to protect them if I need nursing home care in the future. What do

Choosing an assisted-living facility can be difficult. You want to make sure you are getting the place that best suits your needs or the needs of your loved one. There are a number of steps that you can take to

Even though Sally had been diagnosed with Alzheimer’s disease, she prided herself in her continuing ability to do all her own grocery shopping. She also drove to her beauty parlor appointment every Saturday morning. Her husband, Don, had noticed that

Dear Attorney Tully: I read your column regularly. Thank you for taking the time to keep so many seniors in our area up to date on senior legal issues. I want you to tell me what I need to do

Dear Attorney Tully: Thank you for writing the column about senior issues. I only wish my husband would read your articles. We are in our mid 70’s and he is in failing health. He still does not have a living

Both adult day care and adult day healthcare can give caregivers an occasional or a regular respite from caretaking. In the case of caretakers who work outside jobs, it delays permanent long-term care. Adult day healthcare provides medical services in