Will I Be Liable For My Parents’ Nursing Home Bill ?
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
Learn MoreHome Care
With the recent news of two Bristol Nursing Homes closing, many local seniors are concerned about their options if they end up needing long term care. One option is staying in your own home and receiving 24/7 care. In the
Learn MoreLong-Term Care Insurance – Is It Right For You?
Long-term care insurance (LTC), unlike most health insurance plans, pays for the cost of your health when you need permanent help with activities of daily living (bathing, dressing, eating, etc). Depending on the LTC policy, covered services may include nursing
Learn MoreHaving ‘The Talk’ With Aging Parents
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
Learn MoreQualifying for Medicaid
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
Learn MoreA Joint Bank Account Is Not a Medicaid Planning Solution
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
Learn MoreTools To Help You Stay in Your Home
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
Learn MoreThe Presidential Election and Seniors
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
Learn MoreMyths & Realities About Medicaid Planning
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,
Learn MoreSenior Depression: Understanding and Coping Strategies
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
Learn MoreThe Dangers of Senior Financial Abuse
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
Learn MoreWhen Mom isn’t Mom Anymore
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
Learn MoreAging In Place
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
Learn MoreIt’s Never Too Late to Devise a Medicaid Plan
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
Learn MoreYou May Not Have to Spend Down
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
Learn MoreHow to Make Sure You Can Access a Loved One’s Assets
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
Learn MoreThe Danger in Providing Caring for a Loved One
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
Learn MoreProper Planning and Spousal Division of Assets
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.
Learn MoreThe Importance of Medicaid Planning Over Tax Planning
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
Learn MoreCommonly Asked Medicaid Questions
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
Learn MoreWhat to Do When a Spouse Passes
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
Learn MoreReverse Mortgages as a Valuable Planning Tool
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
Learn MoreThe Importance of Advanced Planning for Seniors in Health Care Crisis
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
Learn MoreHow Life Insurance Policies Affect Medicaid Eligibility
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:
Learn MoreWill Medicaid Require Funds in a Spouse’s IRA to Be Spent Down?
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.
Learn MoreChanging Your Beneficiaries
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,
Learn MoreMyths About Alzheimer’s Disease
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 –
Learn MoreDealing with Parkinson’s Disease
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,
Learn MoreKeeping Your Residence Is Possible
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
Learn MoreBeware of “Living Trust” Scams
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
Learn MoreElder Caregiver Guidelines
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
Learn MoreAlzheimer’s Care: “Should Your Loved One Be Driving?”
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
Learn MoreAdult Day Care / Adult Day Healthcare
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
Learn More8 Questions and Answers About Being an Agent Under a Power of Attorney
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”
Learn MoreThe Cost of Procrastination
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
Learn MoreMake Sure Your Representative Is On Your Side
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
Learn MoreThe Benefits of a Care Contract
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
Learn MoreKnowing Your Rights
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
Learn MoreHome Care May Not Be Cheaper than Assisted Living or a Nursing Home
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
Learn MoreShould I Transfer the House?
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
Learn MoreWhat To Do After A Diagnosis Of Alzheimer’s
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
Learn MoreCaring for Someone with Dementia
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
Learn MoreThe Three Phases of Retirement Planning
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
Learn MoreWhen Facing A Serious Illness, It’s Important To Plan Ahead
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
Learn MoreConcerns Over Nursing Home Ownership
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
Learn MoreThe Importance of Planning to Protect Your Assets from the Nursing Home
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
Learn MoreThe Importance of Alzheimer’s Caregivers Taking Care of Themselves
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
Learn MoreBe Prepared
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
Learn MoreNow That You Have A Will…
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?
Learn MoreHaving ‘The Talk’ With Aging Parents
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
Learn MoreLife Care Planning
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
Learn MorePlanning for the Future: For People of All Ages
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
Learn MoreEnsuring Asset protection for Individuals Diagnosed with Alzheimer’s Disease
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
Learn MoreDear Attorney Tully – Early Alzheimers and Death
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
Learn MoreDo You Need An Elder Law Attorney?
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
Learn MoreHOLIDAYS MAY BRING REALIZATIONS WITHIN FAMILY
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
Learn MoreProtecting Senior Rights
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
Learn MoreDealing with Parkinson’s Disease
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,
Learn MoreKEEPING YOUR RESIDENCE IS POSSIBLE
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
Learn MoreJuggling family responsibilities while caring for aging parents
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
Learn MoreDoes inheritance count for Medicaid?
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
Learn MoreDealing with caregivers’ guilt
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
Learn MoreHELPING A LOVED ONE MAKE THE TRANSISITON TO A NURSING HOME
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
Learn MoreStaying Positive While You Are Ill
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
Learn MoreThe Impact of Alzheimer’s Disease on Retirement Planning
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.
Learn MoreWhy NOT Just Use A ‘do -it -yourself ‘ Power of Attorney Form?
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
Learn MoreWhy You Should Use a Lawyer for a Medicaid Application
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
Learn MoreEarly Diagnosis of Alzheimer’s
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
Learn MoreKeeping Your Home In The Family
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
Learn MoreRespecting Your Parents Privacy
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
Learn MoreFacing an Alzheimer’s Diagnosis
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
Learn MoreMyths and Realities About Medicaid Planning
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,
Learn MoreChoice of Assisted Living Facility Takes Care
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
Learn MorePlan Your Estate Before You Remarry
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
Learn MoreNever Too Late to Devise a Medicaid Plan
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.
Learn MoreYou May Not Need To Spend Down
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
Learn MorePlanning and Asset Protection Post COVID
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,
Learn MoreDenying and Delaying May Cost You
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
Learn More10 Reasons to Create an Estate Plan Now
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,
Learn MoreRemembering the Fallen
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
Learn MoreFear Of The Golden Years
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
Learn MoreFear That State Will Lien The House If One Applies For Benefits?
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
Learn MoreDifference Between Estate Planning and Elder Law Attorneys
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
Learn MoreA joint bank account is not a Medicaid planning solution
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
Learn MoreTools To Help You Stay in Your Home
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
Learn More“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
Learn MoreHow to achieve peace of mind when both parents need care
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
Learn MoreHOW LIFE INSURANCE POLICIES AFFECT MEDICAID ELIGIBILITY
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?
Learn MoreAging
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
Learn MoreHow can we afford a nursing home?
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
Learn MoreMake sure your representative is on your side
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
Learn MoreDo You Put On Your Happy Face?
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
Learn MoreThe Caregiver & Stress
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;
Learn MoreFeeling Guilt and Disappointment
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
Learn MoreA caution about “do-it-yourself” legal documents
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
Learn MoreKnowing your rights
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
Learn MoreLong-term care planning can be complicated
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:
Learn MoreCare management services for people with disabilities
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
Learn MoreGifting – Gift Tax Law vs. Medicaid Law
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,
Learn MoreLooking at dementia from a caregiver’s perspective
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
Learn MoreMEDICAID’S SPOUSAL IMPOVERISHMENT FIGURES FOR 2023
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
Learn MorePositive steps to take in 2023 to protect your home and assets
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
Learn MoreWhy every attorney is not an elder law attorney
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.
Learn MoreSinger/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
Learn MoreMedicaid, not Medicare, may pay for nursing home care
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
Learn MoreDealing with Parkinson’s Disease
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,
Learn MorePlanning for the future: For people of all ages
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
Learn MoreChoosing a nursing home facility
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
Learn MoreA Primer on caring for someone with dementia
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
Learn MoreThe Cost of Procrastination
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
Learn MoreWhen you turn your clocks back, its time to review your estate plan
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
Learn MoreWhen a Loved One Dies
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
Learn MoreIt’s never too soon to start retirement financial planning
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
Learn MoreFinding an attorney who matches your needs
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
Learn MoreSeptember is World Alzheimer’s Month
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
Learn MoreEnd of life issues. You don’t have to go it alone.
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
Learn MoreHow to approach your parents about their estate plan
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
Learn MoreThoughts on Labor Day, Medicaid and asset protection
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
Learn MoreAn investment guide for your age
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
Learn MoreShould you sign a nursing home admission agreement?
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
Learn MoreBecome Aware of the seven stages of Alzheimer’s
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.
Learn More“Free” advice can be costly for elders
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
Learn MoreAdding another name to your bank account doesn’t transfer ownership
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
Learn MoreMaking sure you have a plan is key to avoiding a crisis
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
Learn MoreAn elder law approach to end-of-life issues
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
Learn MoreHaving ‘The Talk’
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
Learn MoreRecognizing the signs of caregiver stress
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,
Learn MoreIn difficult times, a reverse mortgage may help
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
Learn MoreShould you take your loved ones out from the nursing home?
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
Learn MoreBe cautious with “do-it-yourself” legal documents
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
Learn MoreKeeping calm during the COVID-19 crisis
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
Learn MorePlanning to avoid a family crisis situation
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
Learn MoreMoving forward in spite of COVID-19
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
Learn MoreMedicare, Medicaid will cover coronavirus testing
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
Learn MoreHospice care: What is it and what’s covered?
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
Learn MoreHow to approach your parents about their estate plan
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
Learn MoreCommon errors in planning for long-term care
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
Learn MoreChange in law affects retirement planning
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
Learn MoreWhy every attorney isn’t an elder law attorney
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.
Learn MoreShould I do estate planning?
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
Learn MoreAnswers to questions about Medicaid
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
Learn MoreBasics of Medicaid: What you can keep and what you cannot
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
Learn MoreD’Ascenzo’s death is a reminder of the fragility of life
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
Learn MoreHolidays may bring realizations within family
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
Learn MoreParents have a case of the ‘I’m gonna’s’
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
Learn MoreProtecting your family with planning is ethical
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
Learn MoreThe importance of advance directives
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.
Learn MoreWhat to do if your Medicaid application is denied
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.
Learn MoreMedicaid laws and ‘snowbirds’
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.
Learn MoreWords of wisdom from television’s Joan Lunden
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
Learn MoreKeeping your residence is possible
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,
Learn MoreSpending down: How much needed to qualify for Medicaid?
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
Learn MoreOlder Parent to Adult Child: Don’t Decide for Me
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
Learn MoreCohabiting seniors need to protect their rights
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
Learn MoreDoes an inheritance count for Medicaid?
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
Learn MoreMake the right choice when hiring an attorney
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
Learn MoreHow to approach your parents about their estate plan
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
Learn MoreIts Never Too Late To Slash Nursing Home Bills
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
Learn MoreBe Prepared for Challenge of Caring for Parents
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
Learn MoreHow Life Insurance Policies Affect Eligibility for Medicaid
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:
Learn MoreDefending a Will from Being Contested
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
Learn MoreUse Caution When Transferring Mortgage to an LLC
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
Learn MoreRemembering Ronald Reagan and His Battle With Alzheimers
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
Learn MoreFamily Strife Over Elder Care? Consider an Elder Mediator
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
Learn MoreBe Careful Whose Advice You Take
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
Learn MoreShould I Transfer the House?
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
Learn MoreProtecting the Family Home
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
Learn MorePowers of Attorney Come in Different Flavors
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
Learn MoreWhy Not Just Use “Do it Yourself” Power of Attorney Form?
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,
Learn MorePlanning for the Future: For People of All Ages
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
Learn MoreDealing with Parkinson’s Disease
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,
Learn MoreNever Too Late to Plan
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.
Learn MoreSelecting a Nursing Facility Requires Thought and Patience
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
Learn MoreWill I be Liable for My Parent’s Nursing Home Bill?
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
Learn MoreThe Difference Between Medicare and Medicaid
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
Learn MoreCommonly Asked Medicaid Questions
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
Learn MoreMyths and Realities About Medicaid Planning
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
Learn MoreWhen a Loved One Dies
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
Learn MoreLife Expectancy Has Increased Considerably
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
Learn More10 Steps to Less Stressful Caretaking
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
Learn MoreCan I Keep My House & Be On Medicaid?
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
Learn MoreGifting
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
Learn More10 Reasons to Create an Estate Plan Now
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,
Learn MoreDivorce and Health Care
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
Learn MoreDividing Assets for Title 19 Benefits
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
Learn MoreWhat Happens If you Die Without a Will?
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,
Learn MoreCaregiver Stress vs. Distress and Alzheimer’s
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
Learn MoreCaregiver Burnout – Adult Day Care to the Rescue
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,
Learn MoreBank Accounts
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
Learn MoreAssisted Living Choices
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
Learn MoreAlzheimer’s Care: “Should Your Loved One Be Driving?”
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
Learn MoreAging in Place
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
Learn MoreAdvanced Directives
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
Learn MoreAdult Day Care/Adult Day Healthcare
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
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