SSI/MedIcaId and PrePaId Personal Items Cash Funeral arrangements Life Insurance Prepaid Funeral Arrangements

Size: px
Start display at page:

Download "SSI/MedIcaId and PrePaId Personal Items Cash Funeral arrangements Life Insurance Prepaid Funeral Arrangements"

Transcription

1 SSI/Medicaid and Prepaid Funeral Arrangements

2 SSI/Medicaid and Prepaid Funeral Arrangements If you or a family member expects to become SSI/Medicaid eligible within the next six months, you are a candidate for the prepaid funeral resource exclusion. Supplemental Security Income (SSI) and/or Medicaid permit individuals to set aside money in a prepaid funeral arrangement without the money being counted as a resource for program eligibility purposes. In addition, the money set aside for prearrangements is not subject to the look-back requirements usually associated with becoming SSI/Medicaid eligible. By making prearrangements you will be able to plan and pay for the funeral of your choice BEFORE assets are used up for medical care and/ or BEFORE assets are reduced to SSI/Medicaid eligibility levels. Prearranging your funeral also allows you to arrange a funeral of your choice for you or someone else as long as: The cost of funeral is within reason. The prepaid account is irrevocable, meaning the money cannot be refunded or used for any purpose other than funeral costs. To take advantage of the prepaid resource exclusion, you should meet with a funeral director to discuss your options.

3 Three Ways to Fund a Prepaid Funeral Under the guidelines of SSI/Medicaid there are three ways available to pay for your prearranged funeral. 1) Irrevocable Prepaid Funeral Trust Account.* An irrevocable prepaid funeral trust account is an account that cannot be redeemed. It has 100 percent of the principal and interest accrued to the benefit of the trust account, the investments of which are limited to Federal Deposit Insurance Corporation (FDIC) insured bank deposits. Most New Jersey funeral homes use the New Jersey Prepaid Funeral Trust Fund, which is a commingled (pooled) trust managed by the New Jersey State Funeral Directors Association, Inc. The New Jersey Prepaid Funeral Trust Fund serves more than 51,000 active consumers in over 640 funeral home locations. All funds are invested in jumbo certificates of deposit which allow the trust to offer highly competitive interest rates and growth from the day of deposit. As a matter of fact, the Trust has grown to more than $315 million in trusted assets since its inception in And, unlike traditional savings accounts which may become inaccessible at the time of death, your New Jersey Prepaid Funeral Trust Fund account is immediately available to cover funeral expenses.

4 2) Irrevocable Assignment of Existing Insurance Policy or Combination of Policies.* When using this option, the cash value of the policy(ies) cannot exceed (either alone or in conjunction with a trust) the current retail value of the proposed funeral. As with a trust, the ownership and/or beneficial interest of the policies must be irrevocably assigned to another party with the intended purpose of funding a funeral. 3) A Newly Issued Funeral Insurance Policy.* This third option allows individuals to use a new insurance policy marketed specifically for the payment of funeral expenses. This option can only be done if the ownership and beneficial interest can be irrevocably assigned to meet the intended purpose of funeral payment, or if the policy has a settlement of proceeds provision allowing for the payment of the funeral bill prior to the settlement of any beneficial interest. These types of policies MUST be written by a funeral director who is also licensed as an insurance producer and meets specific requirements. * State law requires that any excess money remaining in irrevocable accounts after funeral expenses have been paid be forwarded to the State of New Jersey.

5 Allowable Assets to Qualify for SSI/Medicaid SSI/Medicaid allows you to retain certain assets and still qualify for benefits. Be sure to consult your local Department of Human Services for additional details, as SSI/Medicaid programs are subject to change. Personal Items clothing, furnishings, appliances, jewelry, equipment, car, etc. Cash limited to $2,000 liquid assets for an individual. Life Insurance when an existing whole life insurance policy has a face value of $1,500 or less, it is not applied toward allowable cash assets. If the face value is more than $1,500, the cash value of the policy will be applied toward the total allowable cash assets. Prepaid Funeral Arrangements your total funeral costs may include: funeral director s professional services, funeral home facility and staff charges, transportation charges, casket, vault, similar merchandise, and cash advances for clergy, cemetery/crematory, monument, etc. SSI/Medicaid allows these funds to be deposited into one properly established irrevocable account tied to a prepaid funeral contract. These arrangements may not include repasts (meals following the funeral), excessive flowers or long distance transportation expenses for family members to attend the funeral or accompany the remains to their place of final disposition.

6 Elder Law Attorneys Elder law is a growing legal specialty that deals with specific issues concerning older persons. Elder law attorneys can assist with SSI/Medicaid spend down, filing for public assistance benefits, and the preservation and/or transfer of assets to avoid spousal impoverishment. In addition, elder law attorneys can help individuals with probate and estate planning, guardianship and conservatorship, and health and long-term care planning. To find an attorney in your area that specializes in elder law you can contact the National Academy of Elder Law Attorneys at the American Bar Association at or visit for a listing. More Information To find out more information on SSI/Medicaid and prepaid funeral arrangements, contact your local funeral director today. Visit to find a funeral home near you. Preneed programs endorsed by the New Jersey State Funeral Directors Association, Inc New Jersey Funeral Directors Services, Inc. All rights reserved.

Final Expense Planning. Are your funds protected?

Final Expense Planning. Are your funds protected? Final Expense Planning Are your funds protected? Consider This... Most significant events in our lives require planning; you rarely just let them happen. Funerals Require Planning, Too! Like other major

More information

800.373.9807. Irrevocable Funeral Trusts & You. Peace of Mind for You & Your Loved Ones

800.373.9807. Irrevocable Funeral Trusts & You. Peace of Mind for You & Your Loved Ones Irreocable Funeral Trusts & You Peace of Mind for You & Your Loed Ones Concerns Facing Seniors Today 1. Loed Ones Passing Away 2. Outliing Your Money 3. High Cost for Nursing Home Care 4. Failing Health

More information

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 06 Preneed Contract Authority: Health Occupations Article, 7-404, 7-405, and 7-504, Annotated

More information

Legislative Fiscal Bureau One East Main, Suite 301 Madison, WI 53703 (608) 266-3847 Fax: (608) 267-6873

Legislative Fiscal Bureau One East Main, Suite 301 Madison, WI 53703 (608) 266-3847 Fax: (608) 267-6873 Legislative Fiscal Bureau One East Main, Suite 301 Madison, WI 53703 (608) 266-3847 Fax: (608) 267-6873 June 4, 2001 Joint Committee on Finance Paper #476 Treatment of Irrevocable Burial Trusts under MA

More information

IMPORTANT CONTACTS MEDICAID INCOME AND ASSET RULES FOR NURSING HOME RESIDENTS. As of July 1, 2015

IMPORTANT CONTACTS MEDICAID INCOME AND ASSET RULES FOR NURSING HOME RESIDENTS. As of July 1, 2015 IMPORTANT CONTACTS For legal advice and counseling regarding the Medicaid Income and Asset Rules for Nursing Home Residents, contact the Lawyer Referral Service of the New Hampshire Bar Association at

More information

Medicaid Nursing Home Information

Medicaid Nursing Home Information Medicaid Nursing Home Information January 2015 This pamphlet tells you about Medicaid rules for: Utah Nursing Homes. Intermediate Care Facilities for people with Intellectual Disabilities (ICF/ID) This

More information

Wesley E. Wright Wright Abshire, Attorneys Bellaire (Houston), Texas. Copyright 2011, Wright Abshire

Wesley E. Wright Wright Abshire, Attorneys Bellaire (Houston), Texas. Copyright 2011, Wright Abshire Wesley E. Wright Wright Abshire, Attorneys Bellaire (Houston), Texas Copyright 2011, Wright Abshire History and Development of Elder Law General Practice Areas Medicaid Administration Medicaid Estate Recovery

More information

Questions & Answers on Medical Assistance for Nursing Home Care In Maryland

Questions & Answers on Medical Assistance for Nursing Home Care In Maryland Questions & Answers on Medical Assistance for Nursing Home Care In Maryland 1. What is Medical Assistance? Will the Nursing Home or the State take my house? Will we have to use my spouse s income to pay

More information

Estate Planning Assets Protection, Uncompensated Transfers, and Trusts (including Special Needs Trusts)

Estate Planning Assets Protection, Uncompensated Transfers, and Trusts (including Special Needs Trusts) Estate Planning Assets Protection, Uncompensated Transfers, and Trusts (including Special Needs Trusts) Mark D. Munson, CELA Ruder Ware, L.L.S.C. P.O. Box 8050 Wausau, WI 54402-8050 mmunson@ruderware.com

More information

QUESTIONS AND ANSWERS ON MEDICAL ASSISTANCE FOR NURSING HOME CARE

QUESTIONS AND ANSWERS ON MEDICAL ASSISTANCE FOR NURSING HOME CARE QUESTIONS AND ANSWERS ON MEDICAL ASSISTANCE FOR NURSING HOME CARE Prepared by: Long Term Care Assistance Project, Maryland Legal Aid Updated January 2015 Medical Assistance is a government-funded program

More information

Probate and Estate Planning Section State Bar of Michigan. Planning for Medicaid Qualification

Probate and Estate Planning Section State Bar of Michigan. Planning for Medicaid Qualification Probate and Estate Planning Section State Bar of Michigan Planning for Medicaid Qualification Notes 2 Planning For Medicaid Qualification Table of Contents Background..........................................

More information

The 2015 Self-Assessment Guide For Long Term Care Insurance

The 2015 Self-Assessment Guide For Long Term Care Insurance The 2015 Self-Assessment Guide For Long Term Care Insurance A JOINT PUBLICATION BY: SHIP State Health Insurance Assistance Program And Indiana Partnership Long Term Care Insurance Program Both of the Indiana

More information

Special Needs Trusts and Government Benefits Preservation

Special Needs Trusts and Government Benefits Preservation Special Needs Trusts and Government Benefits Preservation Peter H. Wayne, IV Wyatt, Tarrant & Combs, LLP (502) 562-7532 pwayne@wyattfirm.com Q. What is a special needs trust? A. A Special needs trust (

More information

The. Best Tips, Facts & Strategies You Need to Know About. Medicaid Planning

The. Best Tips, Facts & Strategies You Need to Know About. Medicaid Planning The Best Tips, Facts & Strategies You Need to Know About Medicaid Planning by Tom Willoughby, Esq 407-977-9171 Tom.WilloughbyJD@gmail.com Copyright 2011 Welcome! Thank you for opening my booklet. I hope

More information

Questions and Answers about Medicaid for Those Receiving Long-Term Care in Idaho

Questions and Answers about Medicaid for Those Receiving Long-Term Care in Idaho Questions and Answers about Medicaid for Those Receiving Long-Term Care in Idaho Question 1: What is Medicaid? Answer: Medicaid is a government program that pays for medical services, including long-term

More information

FUNERAL PLANNING: H a m m o n d L a w G r o u p ( 7 1 9 ) 520-1 4 7 4 ( 3 0 3 ) 7 3 6-6 0 6 0 w w w. C o l o r a d o E s t a t e P l a n.

FUNERAL PLANNING: H a m m o n d L a w G r o u p ( 7 1 9 ) 520-1 4 7 4 ( 3 0 3 ) 7 3 6-6 0 6 0 w w w. C o l o r a d o E s t a t e P l a n. C o m p l i m e n t s o f H a m m o n d L a w G r o u p ( 7 1 9 ) 520-1 4 7 4 ( 3 0 3 ) 7 3 6-6 0 6 0 w w w. C o l o r a d o E s t a t e P l a n. c o m FUNERAL PLANNING: Options for You and Your Family

More information

TrustGuard Gold Estate Planning Trust

TrustGuard Gold Estate Planning Trust SM TrustGuard Gold Estate Planning Trust A Legacy Protection Plan Protect Your Family Protect Your Money Your golden years are supposed to be worry-free a hard-earned time for you to concentrate on yourself

More information

SPECIAL REPORT: Virginia Medicaid Explanation

SPECIAL REPORT: Virginia Medicaid Explanation Call today: 757-399-7506 We help seniors and their families find the right options, support and services as they face complex issues involved with aging. SPECIAL REPORT: Virginia Medicaid Explanation VIRGINIA

More information

QUESTIONS & ANSWERS ABOUT FINANCIAL ELIGIBILITY FOR MEDICAID NURSING HOME SERVICES IN FLORIDA

QUESTIONS & ANSWERS ABOUT FINANCIAL ELIGIBILITY FOR MEDICAID NURSING HOME SERVICES IN FLORIDA QUESTIONS & ANSWERS ABOUT FINANCIAL ELIGIBILITY FOR MEDICAID NURSING HOME SERVICES IN FLORIDA This summary is intended to provide a limited overview of Medicaid eligibility for nursing home services in

More information

Virginia Medicaid Explanation

Virginia Medicaid Explanation SPECIAL REPORT This Special Report is brought to you by HOOK LAW CENTER Legal Power for Seniors Tel: 757-399-7506 Fax: 757-397-1267 Locations: Virginia Beach 295 Bendix Road, Suite 170 Virginia Beach,

More information

How To Know How To Get A Pension From The Social Security Program

How To Know How To Get A Pension From The Social Security Program How Does My Inheritance or Lawsuit Settlement Affect My Benefits? 1. How will the money or assets I receive from my settlement or an inheritance affect my benefits? The money you receive from your settlement

More information

Estate Planning. Chapter. In This Chapter. Survivorship Interests Payment on Death Accounts. Life Insurance

Estate Planning. Chapter. In This Chapter. Survivorship Interests Payment on Death Accounts. Life Insurance Estate Planning Your estate includes the assets and liabilities you will leave after you pass away. It is important to plan for how you want to pass your estate, including what you want to give away and

More information

Butenhof & Bomster, PC 149 Hanover Street, Suite 300 Manchester, NH 03101 Phone (603) 296-0428 Fax (603) 296-0430.

Butenhof & Bomster, PC 149 Hanover Street, Suite 300 Manchester, NH 03101 Phone (603) 296-0428 Fax (603) 296-0430. Butenhof & Bomster, PC 149 Hanover Street, Suite 300 Manchester, NH 03101 Phone (603) 296-0428 Fax (603) 296-0430 The Cost of Care New Hampshire Medicaid Rules for Long-Term Nursing Home Care Prepared

More information

The 9 most common myths of Medicaid & Medicaid Planning which your clients believe

The 9 most common myths of Medicaid & Medicaid Planning which your clients believe The 9 most common myths of Medicaid & Medicaid Planning which your clients believe Mark B. Heffner, Esq. Certified Elder Law Attorney Heffner & Associates 615 Jefferson Boulevard Warwick, Rhode Island

More information

Hennepin County Burial Assistance Policy January 01, 2016

Hennepin County Burial Assistance Policy January 01, 2016 Hennepin County Burial Assistance Policy January 01, 2016 Maximum Burial Costs In accordance with MN Statute 261.035, Hennepin County will provide for the immediate burial or direct cremation for residents

More information

ILLINOIS CONSUMER GUIDE TO PRE-NEED FUNERAL AND BURIAL PURCHASES

ILLINOIS CONSUMER GUIDE TO PRE-NEED FUNERAL AND BURIAL PURCHASES STATE OF ILLINOIS COMPTROLLER LESLIE GEISSLER MUNGER ILLINOIS CONSUMER GUIDE TO PRE-NEED FUNERAL AND BURIAL PURCHASES Legal Rights and Protections Under Illinois Law WWW.ILLINOISCOMPTROLLER.COM STATE OF

More information

Some combination of the above.

Some combination of the above. I. Special Needs Trust First Party Planning Overview If a person with a disability receives assets (typically from an inheritance, litigation recovery, or life insurance policy) while at the same time

More information

General Information. Prearrangements

General Information. Prearrangements This book discusses funerals - a subject which, as we go about our everyday lives, seldom enters our minds. When it does, we do think about funerals emotionally, and often with difficulty. For your convenience,

More information

Legal Issues as You Age: Control your destiny. Don t let others do it for you. Kris L. Maser October 20, 2014

Legal Issues as You Age: Control your destiny. Don t let others do it for you. Kris L. Maser October 20, 2014 Legal Issues as You Age: Control your destiny. Don t let others do it for you. Kris L. Maser October 20, 2014 What is Life Care Planning? Wealth Accumulation Dealing with unplanned issues along the way

More information

Special Needs Alliance

Special Needs Alliance NAMI and the Special Needs Alliance Stephen W. Dale, California Janet Lowder, Ohio Lance McKinney, Florida www.specialneedsalliance.com Attorneys and Counselors at law Special Needs Trusts What Is Right

More information

A Primer. on Special Needs Trusts JOHN STAUNTON, P.A. A Professional Association. Copyright 2008. John Staunton, P.A.

A Primer. on Special Needs Trusts JOHN STAUNTON, P.A. A Professional Association. Copyright 2008. John Staunton, P.A. A Primer on Special Needs Trusts JOHN STAUNTON, P.A. A Professional Association Copyright 2008. John Staunton, P.A. Contents WHAT MAKES A TRUST A SPECIAL NEEDS TRUST 3 ELIGIBILITY FOR MEANS TESTED PROGRAMS

More information

MEDICAID ELIGIBILITY MANUAL, VOLUME III REVISED 07-01-01 PAGE 6270. 5. Burial Burial funds are: Funds - revocable burial contracts;

MEDICAID ELIGIBILITY MANUAL, VOLUME III REVISED 07-01-01 PAGE 6270. 5. Burial Burial funds are: Funds - revocable burial contracts; REVISED 07-01-01 PAGE 6270 TYPES OF 5. Burial Burial funds are: Funds - revocable burial contracts; - revocable burial trusts; - other revocable burial arrangements (including the value of certain installment

More information

When you receive longterm

When you receive longterm Life & Health Insurance Advisor MRCT Benefits Plus is a comprehensive employee benefits, wellness and Human Resources consulting firm offering a variety of financial services to businesses and individuals

More information

OF MY FINAL ARRANGEMENTS

OF MY FINAL ARRANGEMENTS DETAILS OF MY FINAL ARRANGEMENTS Revised May 2010 INTRODUCTION Information contained within this document is not required by law but has been prepared as education material for your consideration as you

More information

A guide to pre-paying your own funeral

A guide to pre-paying your own funeral A guide to pre-paying your own funeral Pre-Paying Your Own Funeral Funera We plan for nearly every financial eventuality we may face in life - investing for retirement and having health, house and contents

More information

Planning For Individuals With Disabilities: Special Needs Trusts

Planning For Individuals With Disabilities: Special Needs Trusts Planning For Individuals With Disabilities: Special Needs Trusts Amber K. Quintal special needs trusts are means for persons with disabilities to qualify to receive government benefits from needs-based

More information

Indiana ICES Program Policy Manual DFC CHAPTER: 4800 SECTION: 4800 4805.05.00 RESOURCES OF THE DECEASED (C, MED 1)

Indiana ICES Program Policy Manual DFC CHAPTER: 4800 SECTION: 4800 4805.05.00 RESOURCES OF THE DECEASED (C, MED 1) Indiana ICES Program Policy Manual DFC CHAPTER: 4800 SECTION: 4800 BURIAL ASSISTANCE TABLE OF CONTENTS 4800.00.00 BURIAL ASSISTANCE (C, 4805.00.00 ESTATE OF THE DECEASED (C, 4805.05.00 RESOURCES OF THE

More information

PROBATE ADMINISTRATION FORM

PROBATE ADMINISTRATION FORM 4045 SMITHTOWN ROAD, SUITE K SUWANEE, GEORGIA 30024 RICHARD S. BRYSON, ESQ. Attorney at Law Member, National Academy of Elder Law Attorneys TEL: (404) 909-8842 FAX: (404) 591-7921 richard@brysonlawfirmpc.com

More information

BOARD OF FUNERAL SERVICES. Guide to Preplanning Funerals in Ontario

BOARD OF FUNERAL SERVICES. Guide to Preplanning Funerals in Ontario BOARD OF FUNERAL SERVICES Guide to Preplanning Funerals in Ontario The Board of Funeral Services would like to acknowledge everyone who took part in the review of this guide. The input provided by stakeholders,

More information

TEXAS LONG-TERM CARE Estate Planning and Special Needs Trusts AND MEDICAID PLANNING

TEXAS LONG-TERM CARE Estate Planning and Special Needs Trusts AND MEDICAID PLANNING TEXAS LONG-TERM CARE Estate Planning and Special Needs Trusts AND MEDICAID PLANNING By Including A Medicaid Plan In Your Comprehensive Estate Plan You Can Ensure that Both You and Your Loved Ones Will

More information

MISSISSIPPI DIVISION OF MEDICAID

MISSISSIPPI DIVISION OF MEDICAID Page 3100 302.06 PERSONAL PROPERTY Personal property, discussed in this section, includes automobiles, life insurance, household goods and personal effects and burial funds. 302.06.01 AUTOMOBILES An automobile

More information

Southern Caregiver Resource Center

Southern Caregiver Resource Center Southern Caregiver Resource Center Caring for those who care for others Fact Sheet: Legal Issues and Consultation Introduction When an adult member of your family has been diagnosed with a medical condition,

More information

A Guide For Representative Payees

A Guide For Representative Payees A Guide For Representative Payees Contact Social Security Visit our website Our website, www.socialsecurity.gov, is a valuable resource for information about all of Social Security s programs. At our website

More information

Illinois. State Supplementation. Illinois. Mandatory Minimum Supplementation

Illinois. State Supplementation. Illinois. Mandatory Minimum Supplementation Illinois State Supplementation Mandatory Minimum Supplementation Administration: State Department of Human Services. Optional State Supplementation Administration: State Department of Human Services. Effective

More information

THE ESTATE SETTLEMENT PROCESS

THE ESTATE SETTLEMENT PROCESS THE ESTATE SETTLEMENT PROCESS Please review this information carefully. The success of the probate depends on you. Settlement of an estate involves the process necessary to transfer asset ownership from

More information

The. Estate Planner. Should your life insurance be in an FLP? Special needs require a special needs trust. An estate planning strategy for your heirs

The. Estate Planner. Should your life insurance be in an FLP? Special needs require a special needs trust. An estate planning strategy for your heirs The Estate Planner July/August 2008 Should your life insurance be in an FLP? Special needs require a special needs trust The inheritor s trust An estate planning strategy for your heirs Estate Planning

More information

Pre-paying for funerals: The decision is yours

Pre-paying for funerals: The decision is yours Pre-paying for funerals: The decision is yours More North Carolinians are preplanning funerals for themselves or loved ones. Planning your funeral ahead of your death can relieve your survivors of the

More information

Financial Benefits for Seniors (9/10/10)

Financial Benefits for Seniors (9/10/10) Financial Benefits for Seniors (9/10/10) Prepared by Broome County Office for Aging Programs are available to seniors that can save you money or increase your income. Eligibility requirements may apply

More information

North Dakota Mineral Interests and Elder Law Issues

North Dakota Mineral Interests and Elder Law Issues North Dakota Mineral Interests and Elder Law Issues Susan E. Johnson-Drenth, CELA* JD Legal Planning PLLC 2525 University Drive South, Suite B Fargo, ND 58103 701-364-9595 855-299-9595 sdrenth@jdlegalplanning.com

More information

A Consumer s Guide to Preplanning a Funeral. A Precious Gift to Those You Love

A Consumer s Guide to Preplanning a Funeral. A Precious Gift to Those You Love A Consumer s Guide to Preplanning a Funeral A Precious Gift to Those You Love Table of Contents A Consumer s Guide to Preplanning a Funeral Contents Preplanning: A Precious Gift to Those You Love... 3

More information

Paul Lane F U N E R A L H O M E. A Guide to Pre-Planning & Funeral Arrangements

Paul Lane F U N E R A L H O M E. A Guide to Pre-Planning & Funeral Arrangements L Paul Lane F U N E R A L H O M E A Guide to Pre-Planning & Funeral Arrangements PRE-PLANNING OPTIONS WHEN IS THE BEST TIME TO PREPLAN YOUR FUNERAL? The best time to begin making your prearrangements is

More information

Special Needs Trusts. What is a special needs trust? Why establish a special needs trust?

Special Needs Trusts. What is a special needs trust? Why establish a special needs trust? Special Needs Trusts What is a special needs trust? Why establish a special needs trust? What requirements must a special needs trust meet? What types of special needs trusts are available? How is a special

More information

SETTLEMENT PRESERVATION TRUST WHAT IS IT AND WHEN SHOULD I USE IT? By: Thomas D. Begley, Jr.

SETTLEMENT PRESERVATION TRUST WHAT IS IT AND WHEN SHOULD I USE IT? By: Thomas D. Begley, Jr. SETTLEMENT PRESERVATION TRUST WHAT IS IT AND WHEN SHOULD I USE IT? By: Thomas D. Begley, Jr. This Special Report is brought to you by Begley Law Group. begleylawgroup.com This newsletter is not intended

More information

legal plans Assisting a person with dementia in planning for the future

legal plans Assisting a person with dementia in planning for the future legal plans Assisting a person with dementia in planning for the future Plan for the future While it's important for everyone to plan for the future, legal plans are especially vital for a person diagnosed

More information

DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID & MEDICAL ASSISTANCE Long Term Care Medicaid www.dhss.delaware.

DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID & MEDICAL ASSISTANCE Long Term Care Medicaid www.dhss.delaware. DELAWARE HEALTH AND SOCIAL SERVICES DIVISION OF MEDICAID & MEDICAL ASSISTANCE Long Term Care Medicaid www.dhss.delaware.gov/dhss/dmma/ Form 480 (Rev. 1/2012) Document #350701-02-02-05 As life s circumstances

More information

The Voice, The Official Newsletter of SNA

The Voice, The Official Newsletter of SNA October 2007 - Vol. 1, Issue 1 The Voice, The Official Newsletter of SNA Welcome! how we help families how we help professionals related topics more about us unsubscribe here You are reading The Voice,

More information

Guidelines for Trustees of First Party Supplemental Needs Trusts

Guidelines for Trustees of First Party Supplemental Needs Trusts NEW YORK STATE BAR ASSOCIATION ELDER LAW SECTION Guidelines for Trustees of First Party Supplemental Needs Trusts Prepared by the Special Needs Planning Committee New York State Bar Association Elder Law

More information

Access NY Supplement A

Access NY Supplement A Access NY Supplement A This Supplement must be completed if anyone who is applying is: Age 65 or older Certified blind or certified disabled (of any age) Not certified disabled but chronically ill Institutionalized

More information

Consumer s Guide to. Estate Planning. Planning for Your Family Tree. www.littmankrooks.com. A Publication of

Consumer s Guide to. Estate Planning. Planning for Your Family Tree. www.littmankrooks.com. A Publication of Consumer s Guide to Estate Planning Planning for Your Family Tree www.littmankrooks.com A Publication of Elder Law, Estate Planning, Special Needs Planning 655 Third Ave. 399 Knollwood Rd. 21 Old Main

More information

NFDA SAMPLE PRENEED FUNERAL CONTRACT PACKET

NFDA SAMPLE PRENEED FUNERAL CONTRACT PACKET NFDA SAMPLE PRENEED FUNERAL CONTRACT PACKET The Model Consumer Protection Guidelines for State Preneed Funeral Statutes (the Guidelines ) adopted by the NFDA Policy Board list over 30 disclosures that

More information

- USING SPECIFIC TOOLS

- USING SPECIFIC TOOLS INCAPACITY PLANNING IN NORTH CAROLINA - USING SPECIFIC TOOLS While You Can Make Almost Any Decision You Like When Creating an Incapacity Plan, Failing to Make Those Decisions in the Proper Way Will, at

More information

Personal Injuries Happen. Justice Is Sought. Special Needs Must Be Addressed. Special Needs Require Special Settlement Planning

Personal Injuries Happen. Justice Is Sought. Special Needs Must Be Addressed. Special Needs Require Special Settlement Planning Personal Injuries Happen. Justice Is Sought. Special Needs Must Be Addressed. Special Needs Require Special Settlement Planning Why Use the Special Needs Law Firm? In most personal injury cases, the path

More information

QUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS. 1. What is Medicaid? COLUMBIA LEGAL SERVICES OCTOBER 2015

QUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS. 1. What is Medicaid? COLUMBIA LEGAL SERVICES OCTOBER 2015 QUESTIONS AND ANSWERS ON MEDICAID FOR NURSING HOME RESIDENTS COLUMBIA LEGAL SERVICES OCTOBER 2015 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is Medicaid?

More information

NFDA INSURANCE FORM PACKET

NFDA INSURANCE FORM PACKET NFDA INSURANCE FORM PACKET Insurance is widely used to fund preneed and at-need funeral arrangements. In many cases, the ownership of existing insurance policies is assigned to a funeral home by a preneed

More information

JANUARY 1, 2014 NEBRASKA DEPARTMENT OF MEDICAID ELIGIBILITY MANUAL LETTER #2-2014 HEALTH AND HUMAN SERVICES 477 NAC 21-000

JANUARY 1, 2014 NEBRASKA DEPARTMENT OF MEDICAID ELIGIBILITY MANUAL LETTER #2-2014 HEALTH AND HUMAN SERVICES 477 NAC 21-000 MANUAL LETTER #2-2014 HEALTH AND HUMAN SERVICES 477 NAC 21-000 Note: Chapters 477 NAC 19 through 25 apply to the following: Aged, Blind and Disabled (AABD/MA), Medically Needy (MN), Medicaid Insurance

More information

2 What are Your Hopes and Dreams? 4 Our Approach in Action 4 How We Work With Clients 6 A Single Source From Legal Settlement to Financial Security

2 What are Your Hopes and Dreams? 4 Our Approach in Action 4 How We Work With Clients 6 A Single Source From Legal Settlement to Financial Security 2 What are Your Hopes and Dreams? 4 How We Work With Clients 4 Our Approach in Action 6 A Single Source From Legal Settlement to Financial Security what are your hopes and dreams? A wrongful death or physical

More information

(6) The following trusts may not be counted in determining eligibility for Medical Assistance:

(6) The following trusts may not be counted in determining eligibility for Medical Assistance: 10.09.24.08-2.08-2 Treatment of Trust Amounts. A. (text unchanged) B. Treatment of Trusts Established after August 10, 1993. (1) (5) (text unchanged) (6) The following trusts may not be counted in determining

More information

How To Get A Funeral Contract In Michigan

How To Get A Funeral Contract In Michigan BAM 805 1 of 6 PREPAID FUNERAL DEPARTMENT POLICY Family Independence Program (FIP), State Disability Assistance (SDA) and Medicaid (MA) Only Michigan law allows a person to contract and pay in advance

More information

QUESTIONS AND ANSWERS ON THE COPES PROGRAM

QUESTIONS AND ANSWERS ON THE COPES PROGRAM QUESTIONS AND ANSWERS ON THE COPES PROGRAM COLUMBIA LEGAL SERVICES OCTOBER 2015 THIS PAMPHLET IS ACCURATE AS OF ITS DATE OF REVISION. THE RULES CHANGE FREQUENTLY. 1. What is COPES? COPES is a Home and

More information

Pennsylvania Medicaid Long Term Care Services

Pennsylvania Medicaid Long Term Care Services Pennsylvania Medicaid Long Term Care Services DISCLAIMER The purpose of this document is to provide a general overview of eligibility for Medicaid Long Term Care (LTC) in Pennsylvania. It is intended to

More information

Estate Administration

Estate Administration CLIENT GUIDE Advanced Markets Estate Administration A Guide to Settling an Estate John Hancock Life Insurance Company (U.S.A.) (John Hancock) John Hancock Life Insurance Company of New York (John Hancock)

More information

FREQUENTLY ASKED QUESTIONS REGARDING THE PLAN LIFE TRUST

FREQUENTLY ASKED QUESTIONS REGARDING THE PLAN LIFE TRUST Rev 8/17/07 INTRODUCTION PLAN of Maryland - D.C., Inc. 604 South Frederick Avenue, Suite 411 Gaithersburg, Maryland 20877 Tel: 301-740-8444 - Fax 301-740-8455 www.planofmd-dc.org FREQUENTLY ASKED QUESTIONS

More information

Do You Qualify For Financial Assistance for Nursing Home Care? The Consumer s Guide to Medicaid Planning and Division of Assets

Do You Qualify For Financial Assistance for Nursing Home Care? The Consumer s Guide to Medicaid Planning and Division of Assets Do You Qualify For Financial Assistance for Nursing Home Care? The Consumer s Guide to Medicaid Planning and Division of Assets Introduction The decision to move a family member or loved one into a nursing

More information

ESTATE TAX RETURN ORGANIZER (FORM 706)

ESTATE TAX RETURN ORGANIZER (FORM 706) This organizer is designed to assist you, the personal representative, in gathering the information required for preparation of the appropriate estate and inheritance tax returns. Please complete the organizer

More information

Preserving the Primary Residence The Minefield of Real Estate Transactions in Elder Law Planning

Preserving the Primary Residence The Minefield of Real Estate Transactions in Elder Law Planning Preserving the Primary Residence The Minefield of Real Estate Transactions in Elder Law Planning By Linda S. Ershow-Levenberg P reservation of the family residence for the benefit of the next generation

More information

STATE OF CONNECTICUT

STATE OF CONNECTICUT (New 3/13) STATE OF CONNECTICUT DEPARTMENT OF SOCIAL SERVICES SOME QUESTIONS AND ANSWERS ABOUT APPLYING FOR MEDICAID TO PAY FOR LONG-TERM CARE or HOMECARE. Medicaid rules are complicated and change often.

More information

Do Mom & Dad have a will? Do they have a special needs trust set up for her? Where can I find these important documents?

Do Mom & Dad have a will? Do they have a special needs trust set up for her? Where can I find these important documents? Does he have a legal guardian? What are the options? Do Mom & Dad have a will? Do they have a special needs trust set up for her? Where can I find these important documents? Wills/inheritance Special Needs

More information

RESOURCES FOR CAREGIVERS, SENIORS AND PEOPLE WITH DISABILITIES

RESOURCES FOR CAREGIVERS, SENIORS AND PEOPLE WITH DISABILITIES RESOURCES FOR CAREGIVERS, SENIORS AND PEOPLE WITH DISABILITIES Prepared by Hunterdon County Division of Senior, Disabilities & Veterans Services PO Box 2900 Flemington, NJ 08822-2900 908-788-1361 This

More information

UNDERSTANDING PROBATE. The Family Guide PREPARED BY ROBERT L. FERRIS

UNDERSTANDING PROBATE. The Family Guide PREPARED BY ROBERT L. FERRIS UNDERSTANDING PROBATE The Family Guide PREPARED BY ROBERT L. FERRIS I FIRST STEPS: WHAT TO DO 1. Obtain certified copies of the Death Certificate. When a person dies in California, an official Death Certificate

More information

SETTLEMENT CONSULTING. Special Needs Trust FAQs

SETTLEMENT CONSULTING. Special Needs Trust FAQs SETTLEMENT CONSULTING Special Needs Trust FAQs What Is A Special Needs Trust? The primary purpose of creating a Special Needs Trust is to continue the monthly tax-free SSI disability benefits and secure

More information

Resources. Legal Authority: 42 USC 1396p(f)(2)(a); 20 CFR 416 Subpart L; 42 CFR 483.10; Public Law 109-171 (Deficit Reduction Act of 2005)

Resources. Legal Authority: 42 USC 1396p(f)(2)(a); 20 CFR 416 Subpart L; 42 CFR 483.10; Public Law 109-171 (Deficit Reduction Act of 2005) ABD COUNTABLE AND EXCLUDED RESOURCES Legal Authority: 42 USC 1396p(f)(2)(a); 20 CFR 416 Subpart L; 42 CFR 483.10; Public Law 109-171 (Deficit Reduction Act of 2005) 1. Countable Countable resources are

More information

MA will pay for other MA-covered services.

MA will pay for other MA-covered services. BEM 405 1 of 21 MA DIVESTMENT DEPARTMENT POLICY Medicaid (MA) ONLY Divestment results in a penalty period in MA, not ineligibility. Divestment policy does not apply to Qualified Working Individuals (QDWI);

More information

IDENTIFYING THE RIGHT TRUST FOR YOUR SITUATION PLAN FOR TOMORROW, TODAY

IDENTIFYING THE RIGHT TRUST FOR YOUR SITUATION PLAN FOR TOMORROW, TODAY IDENTIFYING THE RIGHT TRUST FOR YOUR SITUATION PLAN FOR TOMORROW, TODAY Life s ups and downs make it difficult to predict the future. Your family, your health, your career may all look fine today, but

More information

Special Report. Utilizing Special Needs Trusts for Disabled Persons With Litigation Proceeds. Case Study 1: Case Study 2:

Special Report. Utilizing Special Needs Trusts for Disabled Persons With Litigation Proceeds. Case Study 1: Case Study 2: Special Report Utilizing Special Needs Trusts for Disabled Persons With Litigation Proceeds Case Study 1: A personal injury settlement public benefits lost John suffered a disabling brain injury as a result

More information

LONG-TERM CARE PLANNING QUESTIONNAIRE

LONG-TERM CARE PLANNING QUESTIONNAIRE LONG-TERM CARE PLANNING QUESTIONNAIRE Please complete this form to the best of your ability and bring it with you to our initial meeting. Your cooperation in this regard will make your appointment more

More information

Everyone has an Estate Plan--- is it the correct plan?

Everyone has an Estate Plan--- is it the correct plan? Estate Planning for Families with Special Needs Children Presented by Julia Nickerson, JD Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization Nickerson Law Group

More information

INTRODUCTION. Probate Section of the ARKANSAS BAR ASSOCIATION 400 West Markham Street Little Rock, Arkansas 72201

INTRODUCTION. Probate Section of the ARKANSAS BAR ASSOCIATION 400 West Markham Street Little Rock, Arkansas 72201 INTRODUCTION When a property owner dies in Arkansas, a legal proceeding to settle the estate is required by state law. This proceeding, whether the person dies with or without a will, is called "administration,"

More information

Special Needs Trusts in the Context of Personal Injury Settlements

Special Needs Trusts in the Context of Personal Injury Settlements Special Needs Trusts in the Context of Personal Injury Settlements I. INTRODUCTION Virtually any personal injury case will involve two issues that are often seen as afterthoughts by personal injury attorneys,

More information

MEDICAID INFORMATION FOR LONG-TERM CARE

MEDICAID INFORMATION FOR LONG-TERM CARE MEDICAID INFORMATION FOR LONG-TERM CARE Revised March 2012 INTRODUCTION There are often many questions about eligibility for Medicaid. Since the changes in the Federal Law in 1993 concerning what is allowed

More information

KURT D. PANOUSES, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 Fifth Avenue Indialantic, FL 32903 (321) 729-9455 FAX: (321) 768-2655

KURT D. PANOUSES, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 Fifth Avenue Indialantic, FL 32903 (321) 729-9455 FAX: (321) 768-2655 KURT D. PANOUSES, P.A. ATTORNEYS AND COUNSELORS AT LAW 310 Fifth Avenue Indialantic, FL 32903 (321) 729-9455 FAX: (321) 768-2655 Kurt D. Panouses is Board Certified by the Florida Bar as a Specialist in

More information

A Guide For Representative Payees

A Guide For Representative Payees A Guide For Representative Payees Contact Social Security Visit our website At our website, www.socialsecurity.gov, you can: Create a my Social Security account to review your Social Security Statement,

More information

government benefits planning: what claimants need to know

government benefits planning: what claimants need to know government benefits planning: what claimants need to know Government Benefits Hotline: 800-683-4872 info@settlement-alliance.com www.settlement-alliance.com My family relies on Medicaid and Supplemental

More information

Exhibit 5-2: Assets. Example Withdrawals from a Keogh Account

Exhibit 5-2: Assets. Example Withdrawals from a Keogh Account : Assets NOTE: There is no asset limitation for participation in HUD assisted-housing programs. However, the definition of annual income includes net income from family assets. A. Net Family Assets include

More information

Complying With the Funeral Rule

Complying With the Funeral Rule Complying With the Funeral Rule Federal Trade Commission August 2012 Contents Introduction... 1 Who Must Comply With the Funeral Rule?... 2 Does the Rule Apply to Pre-Need Arrangements? The General Price

More information

Durable Powers of Attorney and Revocable Living Trusts

Durable Powers of Attorney and Revocable Living Trusts DEL MAR CAREGIVER RESOURCE CENTER A program of Health Projects Center Fact Sheet Durable Powers of Attorney and Revocable Living Trusts Various legal mechanisms can assist in the management of assets and

More information

What My Family Needs To Know

What My Family Needs To Know 1 Career Transition Center George P. Shultz National Foreign Affairs Training Center U.S. Department of State What My Family Needs To Know This list contains important information in that you can modify

More information

Complying With the. Funeral Rule. Federal Trade Commission business.ftc.gov

Complying With the. Funeral Rule. Federal Trade Commission business.ftc.gov Complying With the Funeral Rule Federal Trade Commission business.ftc.gov Contents Introduction....1 Who Must Comply With the Funeral Rule?....1 Does the Rule Apply to Pre-Need Arrangements? The General

More information

Estate Planning For the Elder Care Attorney

Estate Planning For the Elder Care Attorney Legal/Financial Issues Involved in Caring for an Older Loved One Objectives Talking to your loved one Locating and organizing important documents Executing or updating important legal documents Wills Trusts

More information

Conservatorship. A Booklet for Lanterman Regional Center Families

Conservatorship. A Booklet for Lanterman Regional Center Families Conservatorship A Booklet for Lanterman Regional Center Families Table of Contents Introduction...1 How Conservatorship Works...2 Types of Conservatorships Recognized in California...2 Mental Health Conservatorship...2

More information

NYSARC, INC. COMMUNITY TRUST I INFORMATION & PROCEDURES

NYSARC, INC. COMMUNITY TRUST I INFORMATION & PROCEDURES NYSARC, INC. COMMUNITY TRUST I (A Trust for Persons with Disabilities) INFORMATION & PROCEDURES NYSARC, Inc. Trust Services 318 Delaware Avenue Suite 22 Delmar, NY 12054 518-439-8323 800-735-8924 www.nysarctrustservices.org

More information