January, 2006

Dear Clients and Friends,

A new law is pending that will dramatically alter the “look-back” and “transfer of assets” provisions of the Medicaid law. If you still have assets in your name that you want to protect from ...   more »

The Centers for Medicare & Medicaid Services (CMS) has informed the Department that due to an increase in the consumer price index, the federal maximum community spouse resource allowance (CSRA) increases to $99,540 effective January 1, 2006. The State's minimum ...   more »

The following is a letter drafted by AARP in response to a report that the House approved the revision of asset transfer rules, making it much more difficult to obtain Medicaid. We urge you to copy this letter, sign and ...   more »

You already know you have to plan your estate carefully to provide the best quality of life for your child. But did you know there are several types of trusts to care for special needs children? The most common types ...   more »

The U.S. Centers for Medicare and Medicaid Services has announced the 2006 Medicare deductibles, premiums, and co-pay amounts. The following was published in the Federal Register:

Medicare Hospital Insurance (Part A):
Deductible - $952 per Benefit Period ($912 in 2005)
...   more »

Monthly Social Security and Supplemental Security Income benefits for more than 52 million Americans will increase 4.1 percent in 2006, the Social Security Administration announced today.

Social Security and Supplemental Security Income benefits increase automatically each year based on the ...   more »

One of the major concerns for parents with children with disabilities is how to provide for their financial future. Here are some tips:
Buy enough life insurance. A parent is irreplaceable, but someone will have to fill in. In all ...   more »

There is good news next year for those who are wealthy, or just plain generous. The gift tax exemption, now set at $11,000 (per donor, per recipient, per year) will increase to $12,000 on January 1, 2006.
The gift tax ...   more »

For most people, the durable power of attorney is the most important estate planning instrument available, even more useful than a will. A power of attorney allows a person you appoint, your "attorney-in-fact: to act in your place for financial ...   more »

New York is only one of four states that still has not defined what marriage consists of, leaving many couples confused and unprepared for the future. The majority of the other states define marriage as a union between one man ...   more »

Surrogates can make decisions to withhold or withdraw life-sustaining treatment if treatment would be an excessive burden to the patient and the patient is terminally or permanently unconscious, or if the patient has an irreversible or incurable condition and that ...   more »

Family Health Care Decisions Act

Under current New York law, if one becomes incapacitated, and is no longer able to make health care decisions, there is no person (spouse, child, or otherwise) who can legally make those decisions. In order ...   more »

The American legal system makes assumptions about married couples. For example, default provisions give a husband or wife the power to make at least some medical decisions for a spouse who is no longer competent to direct his or her ...   more »

A new bill has passed through both houses of the New York State legislature last week relating to the rights of certain individuals of a decedent to control the disposition of such decedent's remains regardless of whether of a written ...   more »

What happens if I have Medicaid?
If you currently have Medicaid, you will lose your Medicaid prescription drug coverage on January 1, 2006 and will automatically be enrolled in a new plan through Medicare. In October 2005, letters will be ...   more »