Dear Friends, Family, & Clients,
We took a brief hiatus from newsletter publishing over the holidays because, as it is for most people, the end of the year is a very busy time.
A new year is a good time for reflection, on personal and legal issues. This year brings about some new tax laws, some of which are reviewed in this edition.
You may also be reflecting on your current situation as a caregiver. Even if you are committed to keeping your loved one at home, there are many ways Severns & Stinson can help you pursue that goal, while planning for the possibility that remaining at home will not always be possible.
We always appreciate referrals from our satisfied clients, friends, business partners, and family members. We welcome the opportunity to serve the people you care about. Click on the gray Forward Email at the bottom of the page to send this newsletter to someone who will benefit from our insights.
Sincerely,
Severns & Stinson--Pathfinders in Elder Law |
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Elder Law News from Severns & Stinson
January 2011
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Severns & Stinson. P.C.
10293 N. Meridian Street
Suite 150
Indianapolis, Indiana 46290
(317) 817-0300
(317) 817-0302 Fax
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Attorney Spotlight
In certain personal injury situations, settlement funds need to be protected for the life of the special needs person. A carefully crafted trust and other legal vehicles need to be implemented so that the best interest of the affected individual can be maximized.
Attorney Jeffery Stinson (a firm partner and Certified Elder Law Attorney) has particularly extensive knowledge and expertise in this area. He works with families and their Personal Injury Attorneys to establish special needs trust to protect assets and permit flexible and well-planned use of the funds that are available.  |
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If
you answer yes to any of these questions, Severns & Stinson can
help.
-Has a family member been diagnosed with a mentally
or physically debilitating disorder such as Alzheimer's, Parkinson's, ALS,
stroke or a decline in functional capacity?
-Is a family member isolated due to the recent death
of a spouse, or have family that either lives too far away or is too busy to
provide adequate care?
-Is a family member soon to be discharged into a care
facility or currently receiving in-home care?
-Does a family member have a variety of healthcare
providers and need coordination and advocacy for quality care?
-Does a family member seem unusually concerned about
costs of medication and services, indicating he or she may be having financial
troubles?
-Does a family member have assets that fall between
$50,000 and $400,000 - enough to finance a short stay in a care facility but not
enough for an extended stay?
-Does a family member have a spouse whose financial
needs must be considered in light of a family member's medical condition?
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Severns & Stinson Lawsuit Alleging that Private Medicaid Contractor Violated Beneficiary's Civil Rights May Proceed
Congratulations to attorneys Scott Severns and Anna Howard. Last October, a federal district court denied a motion to dismiss an Indiana Medicaid recipient's civil rights and negligence lawsuit, brought by Severns and Howard, against IBM after the company, in its role of helping the state administer its Medicaid program, improperly recommended that the recipient's benefits be terminated. Gibson v. International Business Machines Corp. (U.S. Dist. Ct. S.D. Ind., No. 1:10-cv-00330-LJM-TAB, Oct. 8, 2010). Read on |
Obama Signs Tax-Cut Bill Setting Estate Tax Exemption at $5 Million for Two Years
Congress has passed and President Obama has signed into law the deal the President struck with Congressional Republicans extending the Bush tax cuts. The legislation restores the estate tax for two years at a 35 percent tax rate, with estates up to $5 million exempt from paying any tax ($10 million for couples). Read on |
Federal Program Helps Nursing Home Residents Move Home
 Once someone enters a nursing home, it isn't always easy to move out again. While some residents may prefer nursing home care to living on their own, others would rather be independent. For residents who want to move out but need some assistance to live on their own, there may be help available. Read on
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Do Surviving Spouses Have a Right to a 401(k) or an IRA?
When choosing a beneficiary for a retirement plan, it is important to understand how your spouse will be treated under the plan. Surviving spouses are treated differently under 401(k)s and individual retirement accounts (IRAs). While a 401(k) provides protections for a surviving spouse, an IRA does not.. Read on |
As Predicted, Social Security Closes Door on Benefits 'Do-Over' Strategy
 The Social Security Administration has eliminated a loophole that had allowed Social Security recipients to start receiving benefits when they first became eligible without being permanently locked into the lower benefit level. Read on
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Class Action Filed Challenging Medicare's 'Improvement Standard'
Five national organizations have filed a nationwide class action suit against the Department of Health and Human Services to end Medicare's practice of denying skilled nursing coverage when a beneficiary ceases to show improvement. Read on |
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| About Our Law Firm
Severns & Stinson, P.C. is a law firm focused on the needs of families confronting issues with health care. We have a special emphasis on long term care issues -- an emphasis that has come to be known as "elder law." Our firm consists of five attorneys and two paraprofessionals.
Our services include the following:
- Asset Protection & Long Term Care Planning
- Medicaid Planning, Applications and Appeals
- Medicare Consultation and Advocacy
- Estate Planning
- "Making It Last"™ - Supplemental Needs Trusts and Asset Protection for Persons with Disabilities
- Response Team Building - Wills, Trusts, Powers of Attorney, Health Care Declarations and Other Advance Directives
- Guardianships and Probate Administration
- Patients Rights and Care Advocacy.
Severns & Stinson. P.C.
10293 N. Meridian Street, Suite 150
Indianapolis, Indiana 46290
317.817-0300
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