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.
This subchapter provides non-financial policy information that applies to Medical Assistance for people receiving services at the Center for Victims of Torture (MA-CVT). Non-financial eligibility requirements are not related to a person’s income or assets. MA-CVT Immigration Status People receiving services at the Center for Victims of Torture (CVT), who are not otherwise eligible for…
If you provide care for a family member, you know that this labor of love can take a toll on your mind and body. Caregiver burnout is the result of providing care without respite, often around-the-clock and for weeks or months on end. In addition to compromising your own health, you also risk the well-being…
If you or a loved one are currently considering or facing the possibility of long-term care in an assisted living or nursing home facility, you may have realized a stunning fact – Medicare won’t cover it. Medicare certainly comes in handy for short-term care and hospital stays, but long-term care is something you’ll have to…
More than 5 million Americans over the age of 65 have been diagnosed with Alzheimer’s disease — and a new senior is diagnosed every 65 seconds. While these numbers might seem shocking, what’s even more alarming are the numbers associated with cost of care. According to the Alzheimer’s Association, it costs an estimated $277 billion a year for all…
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…
Major studies indicate that more than half of Americans will need nursing home care at some point in their lives. The major questions that stem from this are: first, what can I do now to plan; second, how can I pay for it? Here are a few options to consider. Paying Leverage Home Value There…
Nursing home costs can quickly destroy a lifetime of savings. Attorney Jeff Molever pioneered a trail in Minnesota when he developed the “Family Pot Trust.” The Family Pot Trust is one of a number of tools and techniques to protect assets from long-term care costs. New Solutions for New Problems Estate planning has changed significantly to…
Medicare Savings Programs (MSP) Medicare Savings Programs (MSP) are federal and state-funded programs that assist people on Medicare who have limited income and assets by paying some Medicare expenses, such as premiums, deductibles, and coinsurance. A person’s county, tribal, or state servicing agency determines who is eligible for an MSP. There are four types of…
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 General Requirements This subchapter provides general policy information that applies to Medicare Savings Programs (MSP). It includes policies that apply to MSPs and links to relevant Minnesota Health…
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 Applications The federal government administers the Medicare program and the Minnesota Department of Human Services (DHS) administers the Medicare Savings Programs (MSP). This section outlines the requirements for Medicare…
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 Non-Financial Eligibility This subchapter includes non-financial eligibility policies. This covers eligibility factors not related to a person’s income or assets. Medicare Savings Programs (MSP) follow many of the same…
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 Post Eligibility These policies apply to Medicare Savings Programs (MSP). In general, MSPs follow the same post-eligibility policies as Medical Assistance (MA). This subchapter includes policies that apply to…
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 Financial Eligibility This subchapter provides policy about financial eligibility for the Medicare Savings Programs (MSP). This includes eligibility factors that involve a person’s income or assets. MSP follows many…
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 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. MA-ABD Sponsor Income Deeming Sponsor deeming rules apply to noncitizens who are sponsored by…
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 Assets Assets are items of value that people own like bank accounts, stocks and bonds, cars, and real estate. Medicare Savings Programs (MSP) follow many of the same asset…
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 Cooperation Medicare Savings Program (MSP) enrollees must comply with various Minnesota Health Care Programs (MHCP) eligibility requirements or they may have their MSP coverage ended. These requirements include: MHCP…
This article is a section taken from Emergency Medical Assistance (EMA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. EMA Financial Eligibility This subchapter provides financial policy information that applies to Emergency Medical Assistance (EMA). This includes eligibility factors that involve a person’s income or assets. A person…
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) under the TEFRA Option Medical Assistance (MA) under the TEFRA option is for children with a disability who are otherwise ineligible for MA because household income…
This article is a section taken from MA under the TEFRA Option, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. TEFRA General Requirements Medical Assistance (MA) under the TEFRA option is for children with a disability who are otherwise ineligible for MA because household income is above the…
This article is a section taken from MA under the TEFRA Option, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. TEFRA Financial Eligibility Medical Assistance (MA) under the TEFRA option is for children with a disability who are otherwise ineligible for MA because household income is above…
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. Overview Medical Assistance (MA) eligibility has a variety of non-financial, financial and post-eligibility requirements. Some MA policies apply to all MA applicants and enrollees. For example, residency requirements are…
This article is a section taken from MA under the TEFRA Option, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Post-Eligibility Medical Assistance (MA) under the TEFRA option is for children with a disability who are otherwise ineligible for MA because household income is above the MA…
This article is a section taken from MA under the TEFRA Option, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Non-Financial Eligibility Medical Assistance (MA) under the TEFRA option is for children with a disability who are otherwise ineligible for MA because household income is above the MA…
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. MA for Employed Persons with Disabilities Medical Assistance for Employed Persons with Disabilities (MA-EPD) is a work incentive health care program that provides MA coverage to employed people with…
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. Financial Eligibility Financial eligibility requirements involve a person’s income or assets. Medical Assistance for Employed Persons with Disabilities (MA-EPD) enrollees must have earned income above $65…
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. General Requirements This subchapter provides general policy information that applies to Medical Assistance for Families with Children and Adults (MA-FCA). This subchapter includes policies…
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)Qualifying Healthcare Coverage As of January 2014, people must have qualifying health care coverage, qualify for a coverage exemption, or make an individual shared responsibility payment upon filing…
