Medicaid and Nursing Home Readmission

Posted January 20th, 2010 by Elder Law Solutions and filed in Medicaid
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Mr. Jones is a resident in Shady Lawn Nursing Home.  He has applied for Medicaid but has not been approved yet.  Mr. Jones has a sudden medical issue and has to go to the hospital.  He has to stay at the hospital for less than ten days.  On the day he is to be discharged back to Shady Lawn Nursing Home, the nursing home refused to re-admit him.  What options does Mr. Jones have? 

 Because he was hospitalized for less than ten days , Mr. Jones has the right to readmission to the same nursing home.  According to Michigan law, the nursing home is required to hold the bed open for his return and advise him of this before his transfer to the hospital.  If Mr. Jones was hospitalized longer than ten days, he has the right to return to the first available bed. 

Reasons for having an Estate Plan

Posted January 16th, 2010 by Elder Law Solutions and filed in Estate Planning
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The three most common reasons for having an Estate Plan include:

  • To insure that, after death, property is distributed to those people they have previously chosen.
  • To maximize the value of their assets gifted to their beneficiaries by not exposing them to either court or attorney fees.
  • To reduce or avoid paying federal and state estate and income tax liabilities upon death.

Veterans Benefits – Who qualifies?

Posted January 16th, 2010 by Elder Law Solutions and filed in Veterans Benefits
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Most people think of veterans benefits as being only for servicemen and women who were wounded or disabled while serving in the armed forces.  By and large, that is true.  But we have learned that there are substantial benefits that may be available to wartime veterans who are now senior citizens and are facing the burden of long term care due to a host of diseases such as Alzheimer’s, Parkinson’s, MS, Lou Gehrig’s Disease, and many others.  In fact, the Veterans Administration estimates that millions of wartime veterans and their spouses may be eligible for Special Monthly Pension benefits, and not even be aware of it! 

Wartime veterans, or their surviving spouses, become eligible for the Special Monthly Pension benefit known as Aid and Attendance when they are over 65 years of age, are permanently disabled and unable to work, are homebound, or need the regular aid and attendance of another—whether at home, in assisted/supportive living, or in a nursing home.  The program is based on actual financial need for assistance, so there are income and asset limitations. 

For more information contact Christopher B. Kroll – Elder Law Solutions – 586-323-4001