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Three Reasons to Think Twice About Durable Power of Attorney and Medicaid Planning

A durable power of attorney refers to a legal arrangement that is frequently used to deal with a person’s incapacity. While it is often a grim subject to address the prospect of a person’s eventual incapacity, failure to create the appropriate estate planning documents can later result in additional undesirable complications.  Incapacity can be caused by countless factors. For example, Alzheimer’s Disease impacts a large number of older adults. Data shows that approximately 45% of people who are 85 years old or older and suffering from Alzheimer’s disease, which can, in turn, lead to dementia. While some people think that living to an advanced age is unlikely, data shows that a continuing number of people are reaching old age. The Census Bureau reports that the oldest segment of the population in the United States is also the fastest-growing portion of the country. Understandably, many people see the value in creating a power of attorney to deal with potential issues that could arise involving incapacity. New York state even provides statutory power of attorney forms in the hopes that this can speed up the process. This form is legally valid and if completed properly will give another individual certain powers to [...]

2021-05-23T18:06:34+00:00Tags: , , |

Advice if You are Denied Medicaid Benefits

People who are denied Medicaid or have their benefits terminated are frequently left confused and uncertain about how to proceed. Fortunately, there are some measures that a person in this situation can take to preserve his or her rights. This article will review some of the important steps that a person should take after being denied Medicaid. Request an Administrative Hearing A person who receives Medicaid should make sure to request an administrative hearing within 45 days after being denied Medicaid or having Medicaid terminated. To request an administrative hearing, a person must complete an administrative hearing request form (MSC 0443) and submit the document to to the Department of Human Services. Continue Receiving Benefits Request forms allow a person to keep the same Medicaid benefits while waiting for a hearing. This can be done by selecting this option on the hearing request form. It is important to note that a person must request to continue receiving benefits within 10 days of Medicaid being terminated. Many people benefit from this decision because the rate of Medicaid reimbursement is frequently less than the private pay rate. Prepare for the Hearing Before a Medicaid hearing, states are required to review applications and [...]

2018-04-11T18:38:54+00:00Tags: , , |