Posts by chrisclaghorn

Senior $afe Act

Senior $afe Act President Trump signed a new federal law into effect on May 24, 2018. This federal law promises immunity for financial institutions reporting suspected financial exploitation of consumers 65 or older. This law encourages banks, credit unions and other financial institutions to train their employees to make reports of suspected financial exploitation. This helps solve the problem of banks not alerting authorities of suspicious activity out of fear of violating federal privacy laws. Exploitation includes “the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual including a caregiver or a fiduciary that: uses the
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The Top 6 Reasons to Hire an Elder Law Firm Like Dale, Huffman & Babcock

The Top 6 Reasons to Hire an Elder Law Firm Like Dale, Huffman & Babcock Seniors face complex legal concerns that are often different from what they faced when they were younger.  Actions taken may have unintended legal effects.  As a senior or someone who’s helping make decisions for a senior, it’s important that you work with an attorney who is an expert in Elder Law. What is Elder Law? Elder Law encompasses many different fields of law.  An Elder Law Attorney specializes in how to best use their knowledge to fit the needs of seniors.  The areas we practice
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Indiana Health Care Consent Law Changes Coming Soon (July 1, 2018) to a Hospital Near You

Indiana Health Care Consent Law Changes Coming Soon (July 1, 2018) to a Hospital Near You We all make decisions about our health every day.  We take for granted our right to make these decisions.  Who will make decisions about your health when you become incompetent? Indiana law currently have health care by committee (we see how well that is working in Washington) if you do not have a written advance directive.  Your committee consists of your spouse, your adult children, adult siblings, parents and thanks to the meth problem, your grandparents and adult grandchildren.  There is currently no priority
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Medical Expense Deductions Under the Tax Cuts and Jobs Act of 2017

Medical Expense Deductions Under the Tax Cuts and Jobs Act of 2017 The Tax Cuts and Jobs Act became effective January 1, 2018.  The good news for elderly and disabled Hoosiers is this tax bill allows them to write off qualifying medical expenses that exceed 7.5% of their adjusted gross income for 2017 and 2018, regardless of their age.  This limit increases to 10% in 2019. The standard deduction increased to $12,000 for a single person and $24,000 for a married couple as of January 1, 2018.  This means a person or couple will need high medical costs in order
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Eligible Hoosiers Can Now Open an ABLE Account — in Indiana

Eligible Hoosiers Can Now Open an ABLE Account — in Indiana Eligible Hoosiers can now open an ABLE (Achieving a Better Life Experience account) as of August 1, 2017. An “eligible” Hoosier is a person who develops a disability before the age of twenty-six (26). The person must have had this disability for at least one year or must expect their disability to last at least a year. The Indiana accounts are called INvestABLE Indiana accounts. You can view information about these accounts at https://savewithable.com/in/home.html. These accounts are 529 plans for disabled Hoosiers similar to the 529 plans for college
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Home and Community-Based Services Modernization

Family & Social Services Administration Response to Indiana Division of Aging Update Subject:  Home and Community-Based Services Modernization The Indiana Chapter of the National Academy of Elder Law Attorneys (“INNAELA”) supports the Indiana Division of Aging in its efforts to move funds to support the Indiana plan to age in place.  We favor the shift of funds to home and community-based waiver programs so that more Hoosiers are able to receive care at home instead of in institutions. We particularly believe enhanced Consumer Directed Attendant Care Services (“CDAC”) need to be promoted in Indiana.  We understand only about 400 Hoosier
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Alert Indiana Medicaid Rule Changes

Alert Indiana Medicaid Rule Changes June, 2017 Medicaid planning with the use of funeral arrangements just became much more difficult in Indiana.  These changes are twofold. The first change has to do with the making of funeral arrangements for family members.  The old law allowed a Medicaid applicant to purchase irrevocable funeral trusts for a spouse, children, stepchildren and spouse of children or stepchildren. The new law only allows the applicant to purchase irrevocable funeral trusts for the applicant and spouse.  The applicant may still buy gravesites and markers for family members.  This change is being challenged because it may
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Deadline for Compliance with the Home and Community Based Settings Criteria Extended to March 17, 2022

Deadline for Compliance with the Home and Community Based Settings Criteria Extended to March 17, 2022 The Centers for Medicare & Medicaid Services issued a bulletin on May 9, 2017, extending the compliance requirements for the Medicaid Assisted Living Waiver Program. This is very good news for Hoosiers receiving Medicaid assistance in assisted living facilities in Indiana. The Medicaid Assisted Living Waiver Program will continue to be available for Hoosiers for the next several years. Please click here to review this bulletin. Keith P. Huffman June 2017
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Liens to the left, Liens to the right, You’re the only Bait in Town

Liens to the left, Liens to the right, You’re the only Bait in Town Medicaid Liens In Indiana Apologies to Jimmy Buffet, but not everyone retires to Margaritaville. Indiana has announced it will start placing liens against real property owned by Indiana Medicaid recipients to help protect the Family and Social Service Agencies claims against the estate of deceased Medicaid recipients. Example: Mom goes to the Nursing home. She has a 20-acre field that produces income. She is over age 55. The farm does not count as an asset when she qualified for Medicaid. The State places a lien on
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Assisted Living Waiver Changes

ASSISTED LIVING WAIVER CHANGES Major changes are underway in the Indiana Medicaid program that helps disabled Hoosiers pay for the cost of assisted living care.  There are about 2,500 Hoosiers who pay for their assisted living costs with assistance from Medicaid.  These folks need nursing home level of care and have countable resources of $2,000 or less.  They pay about $735 each month for room and board, and Medicaid pays the facility one of three rates, depending upon how much care the resident receives. Most assisted living providers in Indiana are located in a senior living facility that has independent
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