Brian A. Raphan, Esq.
Payments to Caregiver Subject Medicaid Applicant to Penalty Period
Reversing a lower court, a Michigan appeals court rules that under state regulations a Medicaid applicant’s payments to a non-relative...
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Brian A. Raphan, Esq.
Dec 16, 20155 min read
How To Look Out for a Relative in a Nursing Home
The best ways to make sure your loved one gets the care that was promised. Finally, after ticking off the last item on a lengthy list of...
Brian A. Raphan, Esq.
Nov 24, 20151 min read
Son Must Pay for Mother’s Care Under Filial Responsibility
A Pennsylvania appeals court holds that a son is required to pay for his mother’s care under the state’s filial responsibility law even...
Brian A. Raphan, Esq.
Oct 1, 20155 min read
Q: When Do I Need a Guardianship?
A: The standard under which a person is deemed to require a guardian differs from state to state. And even within some states the...
Brian A. Raphan, Esq.
Jun 6, 20151 min read
Medicaid Recipient Cannot Bring Claim to Require State to Deduct Guardianship Fees
NEW YORK: The U.S. Court of Appeals for the Second Circuit holds that a Medicaid recipient who is under guardianship cannot bring a §...
Brian A. Raphan, Esq.
May 29, 20152 min read
BB King heirs to challenge his Will and actions of manager
Associated Press in Las Vegas Lawyer for daughters and other heirs alleges business manager misappropriated millions, had been untruthful...
Brian A. Raphan, Esq.
Apr 17, 20152 min read
State Not Required to Treat Medicaid Applicant’s Multiple Transfers as One Transaction
A Kentucky appeals court rules that a Medicaid applicant’s penalty period is appropriate because the state is not required to treat...
Brian A. Raphan, Esq.
Feb 5, 20153 min read
Some Potential Problems With SSA’s New Trust Guide
As previously reported, the Social Security Administration (SSA) recently instituted a nationally uniform procedure for review of special...
Brian A. Raphan, Esq.
Jan 28, 20153 min read
To Collect Debts, Nursing Homes Are Seizing Control Over Patients
The need to protect your assets is always at hand. Planning for long-term care with an elder law attorney can help protect your assets...
Brian A. Raphan, Esq.
Jan 13, 20151 min read
2015 Spousal Impoverishment and Home Equity Figures:
The Centers for Medicare and Medicaid Services has released its Spousal Impoverishment Standards for 2015. The official spousal...
Brian A. Raphan, Esq.
Jan 10, 20152 min read
Lack of Personal Care Agreement Makes Reimbursements to Relatives an Improper Transfer
Reversing a trial court, a Louisiana appeals court determines that a nursing home resident improperly transferred close to $50,000 to his...
Brian A. Raphan, Esq.
Jan 2, 20151 min read
A great way to enhance quality of life for elder New Yorkers
Activities for Life NY, LLC offers an amazing service that has been helping enhance the quality of life for many of our clients. My law...
Brian A. Raphan, Esq.
Dec 23, 20141 min read
Medicaid Update: 2015 Medicaid Income and Resource Levels
The New York State Department of Health has released important information about the new Medicaid income and resource levels for 2015,...
Brian A. Raphan, Esq.
Dec 19, 20143 min read
5 Tips for Arranging and Paying for a Home Health Aide:
-By Emily Garnett, Associate Attorney at Brian A. Raphan, P.C. Finding oneself or a family member in need of home care can be a tough...
Brian A. Raphan, Esq.
Dec 2, 20142 min read
What Happens to a Medicaid Recipient If the Spouse at Home Dies First?
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is...
Brian A. Raphan, Esq.
Oct 2, 20143 min read
Three Reasons Why Joint Accounts May Be a Poor Estate Plan
Many people, especially seniors, see joint ownership of investment and bank accounts as a cheap and easy way to avoid probate since joint...
Brian A. Raphan, Esq.
Sep 17, 20144 min read
Can you sue for Bedsores or Pressure Sores?
2/22/2018 Law Firm added Free Booklet Bedsores should not happen while in a nursing home or hospital. Often they are due to neglect and...
Brian A. Raphan, Esq.
Sep 3, 20142 min read
State Can Recover From Entire Value of Property in Which Medicaid Recipient Had Life Estate
The Idaho Supreme Court rules that the state may recover Medicaid benefits from the entire value of a property that a Medicaid recipient...
Brian A. Raphan, Esq.
Aug 30, 20142 min read
Why Irrevocable Trusts vs outright Gifting
People often wonder about the value of using irrevocable trusts in Medicaid planning. Certainly gifting of assets can be done outright,...
Brian A. Raphan, Esq.
Aug 13, 20141 min read
New: Visiting Lawyer Services for Elder New Yorkers
Why should the elderly that aren’t as mobile as they used to be, or live in an assisted living facility or are even at home wheelchair...
Important news for seniors and their families
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