The Taxation of the Medicaid Asset Protection Trust

By Jill Roamer, JD, CIPP/US on May 2, 2023 10:56:00 AM


The Medicaid Asset Protection Trust (MAPT) is a powerful tool used in elder law planning. The MAPT can be used both in a proactive planning case or in a crisis planning case. Let’s take a look at when the MAPT would be used in each type of case, and how a MAPT intersects with estate tax, gift tax, and income tax.

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Prior Estrangement Not Controlling Factor in Guardianship Case

By Jill Roamer, JD, CIPP/US on Apr 20, 2023 9:42:00 AM


How should a prior estrangement between child and parent affect the ruling in a guardianship case for the parent? This issue was recently litigated in an Indiana slip opinion.

Peggy, a 90-year-old Indiana resident, had three children – Randy, Terri, and Sherry. Randy and Terri also live in Indiana; Sherry lives in Florida. Peggy’s husband died in 2002 and thereafter her relationship with Terri became estranged. In 2003, Peggy executed a financial power of attorney, naming Randy as her agent and Sherry as her successor agent.

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The Intersection of Elder Law and Medicaid Eligibility

By Jill Roamer, JD, CIPP/US on Mar 30, 2023 9:38:00 AM

The Intersection of Elder Law and Medicaid Eligibility

Elder law is an area of legal practice that focuses on the needs and challenges faced by seniors. One important issue that falls under this category is nursing home Medicaid eligibility. Medicaid is a government-funded healthcare program that provides medical assistance to certain populations, and it can be a crucial resource for seniors who require long-term care in a nursing home. However, Medicaid eligibility can be a complex and confusing process, particularly when it comes to nursing home care.

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