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Enactment of the Special Needs Trust Fairness Act
On Tuesday December 13, 2016, President Obama signed the 21st Century Cures Act. Several pieces of the legislation focus on medical breakthroughs. It also includes the Special Needs Trust Fairness Act. Elder law attorneys across the country have been advocating in support of the Fairness Act for years. The passage of the Fairness Act means…
The Forgotten Step in Estate Planning: Beneficiary Designations
Individuals often believe that a last will and testament is sufficient estate planning. However, a complete estate plan includes a last will and testament and planning for incapacity with a financial power of attorney and an advance health care directive. In some cases, a revocable living trust will also be included in the estate plan….
TIPS FOR A MAINECARE LONG-TERM CARE APPLICATION
In Maine, the Medicaid benefit is administered by the Department of Health and Human Services (DHHS) and is called MaineCare. MaineCare can help pay for long-term care services for individuals who are both medically and financially eligible for the benefits. The MaineCare rules regarding long-term care are complex, and they include: An asset limit for…
Tips for a MaineCare Long-Term Care Application
In Maine, the Medicaid benefit is administered by the Department of Health and Human Services (DHHS). It is called MaineCare. MaineCare helps pay for long-term care services for medically and financially eligible individuals. The MaineCare rules regarding long-term care are complex. They include: An asset limit for countable assets A five-year look-back period Transfer penalties…
GRANDPARENTS RIGHTS AND DE FACTO PARENTHOOD
The following article was co-written and presented at the Maine State Bar Association’s Family Law Institute by Stephen D. Nelson, Esq. and Anthony A. Trask, Esq. Please note that all citations have been omitted. However, a full copy of the article, complete with citations and footnotes, can be viewed upon request. I. INTRODUCTION Nearly a…