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 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. Medicare Medicare Eligibility People enrolled in Medical Assistance for Employed Persons with Disabilities (MA-EPD) must enroll in Medicare if eligible. If not enrolled in Medicare…
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. Parental Fees 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 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. Certification of Disability Disability or blindness must be certified by the Social Security Administration (SSA) or…
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. Bases of Eligibility Minnesota provides Medical Assistance (MA) to certain groups of people as…
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. Contract for Deed and Other Property Agreements This section provides policy provisions for contracts…
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. State Residency for Adoption Assistance and Foster Care People who receive adoption assistance or are in foster care have special rules for determining their state of residency. Adoption…
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. Transfer Penalty The transfer penalty for uncompensated transfers is a period of ineligibility for Medical Assistance for Long-Term Care Services (MA-LTC). The transfer penalty only applies to people…
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. Transfer Penalty Exceptions and Hardship Waiver Not all uncompensated transfers result in a transfer penalty. Some uncompensated transfers meet an exception, which means a penalty is not imposed….
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. Income Calculations for Long-Term Care Services Income Calculations There are two income calculations used to determine what amount, if any, a person must contribute from their income…
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. Income Calculation Deductions Certain deductions from countable gross income are allowed in the long-term care (LTC) income calculation to determine the amount a person is required to…
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. Income Limit To be eligible for Medical Assistance for Families with Children and Adults (MA-FCA) a person’s income must be less than or equal to…
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. Community Spouse Asset Allowance At the time of a request for Medical Assistance for Long-Term Case Services (MA-LTC), the LTC spouse who has a community spouse must…
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. Annuity Disclosures People must disclose if they own an annuity or have the right to receive income from an annuity. A person who requests Medical Assistance for Long-Term…
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. Income Methodology Income eligibility for Medical Assistance for Families with Children and Adults (MA-FCA) is based on current income and adjustments using the Modified Adjusted…
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. Transitional Medical Assistance and Transition Year Medical Assistance Some Medical Assistance for Families with Children and Adults (MA-FCA) enrollees may extend their MA coverage under…
This article is a section taken from MinnesotaCare Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Income Verification MinnesotaCare requires verification of a person’s Projected Annual Income (PAI). PAI must be verified through an available electronic data source or by paper proof if electronic data…
This article is a section taken from MinnesotaCare Post-Eligibility, a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Begin and End Dates Eligibility and coverage are separate concepts for MinnesotaCare: Eligibility refers to when a person meets the MinnesotaCare eligibility rules. Coverage refers to when a person can…
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. Pooled Trusts A Pooled Trust is a trust established for the sole benefit 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 Household Composition and Family Size Household composition means the people included in a person’s household. Household composition determines the family size. Household composition and family size are factors used…
Types of Income Academic Achievement Incentive Scholarships A student financial aid program created by Title IV of the Higher Education Act of 1965. Academic Competitiveness Grants A student financial aid program created by Title IV of the Higher Education Act of 1965. Accelerated life insurance payments Some life insurance policies, in certain circumstances, allow the…
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. This information was published in 2017 and has not been updated since. Life Estates Mortality Table This table must be used to determine the expected duration of a life estate…
Standards and Guidelines This appendix provides figures used to determine eligibility for a person, or in a specific calculation completed to determine eligibility. Community Spouse Allowances The Community Spouse Allowances are used when determining the long-term care (LTC) income calculation’s community spouse allocation. Basic Shelter Allowance The Basic Shelter Allowance is used to determine if…
Minnesota Patients’ Bill of Rights Legislative Intent It is the intent of the Legislature and the purpose of this statement to promote the interests and well-being of the patients of healthcare facilities. No health care facility may require a patient to waive these rights as a condition of admission to the facility. Any guardian or…
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. Emergency Medical Assistance Emergency Medical Assistance (EMA) covers emergency services for lawfully present noncitizens who are not eligible for regular Medical Assistance (MA) coverage with a federal match, and undocumented persons….
Overview of Programs for People with Disabilities Minnesota provides a variety of services for people with disabilities. This information brief provides information about those programs and services. It contains a general Medical Assistance (MA) overview, including some expenditure and cost comparisons; an overview of MA disability programs and services, including home and community-based waiver services, intermediate care facility for persons…
Table of Contents Overview of “Housing with Services” HWS Fees Legal Issues Class A or Class F in HWS Service Agreement and Service Plan Assisted Living Home Care Bill of Right #16 for Assisted Living Consumers Termination of Assisted Living Services Termination of HWS Contract End of Home Care for Those Not on Assisted Living…
2023 Update: Minnesota Fully Recognizes Medicaid Protection Trusts Thanks to the Minnesota Court of Appeals’ ruling in Geyen v. Commissioner, Minnesota Dept. of Human Services, 964 N.W.2d 639 (Minn. App. July 12, 2021), the State of Minnesota now recognizes the effectiveness of a Medicaid Protection Trust. That is, Minnesota held that Minnesota Statutes section 501C.1206…
Medical Assistance: Penalty Period for Gifts During the 5-Year Lookback Period When a person applies for Medical Assistance (Medicaid) in Minnesota, the state looks to any uncompensated transfers (e.g. gifts to family members) during the past 5 years. This is called the “5-year lookback period.” Depending on the amount of the uncompensated transfer, the state…
Minnesota Estate Planning Case: In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017) Case Summary: Billing statements are not hearsay under the business records exception In re Estate of Klie, 2017 WL 541469 (OH Ct. App. 2017). The parties were fighting over attorney fees. One of the issues was whether the billing…
Minnesota Estate Planning Case : Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016) Case Summary: Surcharge denied for making lump sum distribution Estate of Braasch, 140 A.D.3d 1341 (NY Sup. Ct App. 2016). The trustee-executor was surcharged on other matters. But the surcharge for income taxes resulting from a lump sum distribution…