Elder Law means focusing on legal matters predominantly affecting older adults and people with disabilities. This practice area is wide-ranging, addressing a myriad of legal, financial, and health-related issues that become more prevalent or unique as people age. Elder Law encompasses healthcare and long-term care planning, guardianship, retirement, Social Security, Medicare/Medicaid eligibility, estate planning, financial planning, and elder abuse, among other concerns. An attorney in this field serves as advocates for the elderly and their families, offering guidance through the complex web of healthcare regulations, public benefits, and estate and financial planning. They help with preparing advance health care directives, managing and securing property and financial assets, navigating government services and funding, and representing clients in legal matters such as guardianship appointments and disputes related to the rights of older persons. These include estate planning, Medicaid planning, and guardianship cases. They provide tailored advice to meet the unique needs of aging individuals, ensuring their clients’ rights and dignity are protected in various stages of later life. The role of an Elder Law attorney is critical in helping aging adults and their families prepare for and address the legal challenges associated with aging, including planning for incapacity and end-of-life care decisions.
The following are terms and definitions for conservatorship, guardianship, and related concepts. Please note, these are common definitions, but precise legal definitions may vary depending on how a term is defined in a contract, law, or case. What is an Affidavit? A sworn statement. What is an Appeal? To bring a case before a higher…
This article is a section taken from Medicare Savings Programs (MSP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MSP Income Medicare Savings Programs (MSP) follow many of the same income eligibility policies as Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Spenddown A spenddown is a cost-sharing approach that allows Medical Assistance (MA) eligibility for people whose income is greater than the applicable limit. Federal…
This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Begin and End Dates Overview Medical Assistance (MA) eligibility and coverage are separate concepts: Eligibility refers to when a person meets the MA eligibility rules. Coverage refers…
This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Asset Limits Assets are items of value that people own like bank accounts, stocks and bonds, cars and real estate. Asset Limit for Medical Assistance Families with…
This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Cost Sharing Cost sharing includes those costs a Medical Assistance (MA) enrollee pays towards their health care. MA cost sharing includes deductibles, medical visit and prescription copays….
This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA)Liens The Minnesota Department of Human Services (DHS) files liens against real property interests to recover the amount Medical Assistance (MA) paid for certain services described in state…
This article is a section taken from Medical Assistance (MA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance (MA) Estate Recovery Medical Assistance (MA) estate recovery is a program that the federal government requires the State of Minnesota to administer to receive MA funds. County agencies,…
This section is taken from Eligibility Policy Manual, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Minnesota Health Care Programs The Minnesota Department of Human Services (DHS) administers a number of Minnesota Health Care Programs (MHCP). These programs include MinnesotaCare, Medicare Savings Programs, the Minnesota Family Planning…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Minnesota Health Care Programs (MHCP) Overpayments Overpayments occur when enrollees receive more Minnesota Health Care Programs (MHCP) benefits than they were entitled. Overpayments are determined in these situations:…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Annuities An annuity is a purchase contract where the purchasing party generally pays a lump sum of money or periodic payments to an entity issuing the annuity (a…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Bases of Eligibility Minnesota provides Medical Assistance (MA) to certain groups of people as allowed under law. These groups are referred to as a basis…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Asset Limits Assets are items of value that people own like bank accounts, stocks and bonds, cars and real estate. Medical Assistance for Families with…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MHCP Data Privacy Applications and other forms collect sensitive information on an individual that is needed to determine eligibility. Individuals can be harmed by the reckless disclosure of…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Authorized Representative Minnesota Health Care Programs (MHCP) applicants and enrollees may designate an authorized representative at the time of application or at any other time. An authorized representative…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Healthcare Program Eligibility Policy Manual. Program Overviews Several programs provide Minnesota families and individuals affordable health coverage. Programs include public health care programs and help buying private health insurance. Minnesota Health Care Programs…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Temporary Absence Temporary absence refers to circumstances where one or more household members are absent from a household they share with others, but the absent members remain part…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Eligibility Requirements This subchapter provides general policy information that applies to Medical Assistance for Long-Term Care Services (MA-LTC). LTC Eligibility Factors People requesting MA-LTC must meet all…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Lookback Period and Transfer Date The lookback period is a specific period of time before the date a person requests Medical Assistance for Long-Term Care Services (MA-LTC) and…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Medical Assistance for People Who Are Age 65 or Older and People Who Are…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Burial Contracts Burial contracts are contractual agreements between a consumer and a funeral provider,…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Burial Fund Exclusion Two separate and distinct exclusions apply to assets set aside for…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Burial Space Exclusion Two separate and distinct exclusions apply to assets set aside for…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Hospital Presumptive Eligibility The Hospital Presumptive Eligibility (HPE) program allows participating hospitals to determine temporary eligibility for Medical Assistance (MA) for people who meet the…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Household Composition and Family Size Overview Household composition means the people included in an applicant’s or enrollee’s household. Household composition determines the family size. Household…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Application Forms Many people may apply for Minnesota’s Insurance Affordability Programs (IAP) using the MNsure online or a paper application. However, there are different application forms designed to…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Applications for Incarcerated People Preparing for Release A person who is incarcerated and applying for Minnesota Health Care Programs (MHCP) in advance of their release from a state…
This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Premiums and Cost Sharing People enrolled in Medical Assistance for Employed Persons with Disabilities (MA-EPD) must pay monthly premiums. A premium is based upon: A person’s…
This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Work Requirements A person must be employed to be eligible for Medical Assistance for Employed Persons with Disabilities (MA-EPD). This policy describes specific employment requirements for…
This article is a section taken from MA for Employed Persons with Disabilities (MA-EPD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Assets Assets are items of value that people own like bank accounts, stocks and bonds, cars, and real estate. Medical Assistance for Employed Persons with Disabilities…