Prior Estrangement Not Controlling Factor in Guardianship Case

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

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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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What Does the End of the Public Health Emergency Mean for Seniors?

By Jill Roamer, JD, CIPP/US on Mar 14, 2023 9:27:00 AM

What Does the End of the Public Health Emergency Mean for Seniors_

President Biden announced that the official Public Health Emergency (PHE) caused by COVID-19 will end on May 11, 2023.   What are the ramifications of this change for seniors?

1. Return of Medicare’s three-day rule

Medicare has a three-day rule that is the source of angst for patients and care facilities alike. The rule states that Medicare would pay for a patient’s stay in a nursing home only if the patient was admitted to the hospital for three days prior to the need for nursing home care. (Last year, the ruling in Barrows v. Becerra finally gave patients appeal rights for their observation status in the hospital.)
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