Nursing Home and Medicaid Planning

What is nursing home and Medicaid planning?

Nursing Home and Medicaid Planning involves creating an estate plan designed to preserve your assets in the event that you (or a spouse) require long term nursing home care. To understand why such planning is necessary, you need to have a general understanding of what happens if you (or a loved one) require long term nursing home care. While many of us have heard stories and ads warning about nursing homes taking all of your assets or all of the assets of your loved ones, few of us really understand how it all works. Hopefully the information below will give you a better understanding how the system works and why planning in advance should be considered to save you and your loved ones from losing substantial assets in the event that a nursing home stay becomes necessary.

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Employees beware – You may have little ability to keep your medical history from your employer

We have written in the past about the fact that work ordered medical exams (i.e. fitness for duty tests) are not confidential meetings between you and your doctor.  That message is sometimes a difficult one to accept, as many people believe that the medical information, and more particularly their medical history, is nobody’s business but their own.  Not so, unfortunately.

The Massachusetts Appeals court issued a decision recently that confirms that: (1) a public Continue reading

You’re Outa Your Tree: Make sure that tree is in your yard before you cut it down

Spring is here and many of us will head into our yards where, of course, we instantly become experts in landscape design. For some, competing against our neighbors for a greener lawn is enough. But for too many, more is required. Some of us need to take it a step further and put on a loud display of awesomeness. We need to flex our muscles, that is, in the form of power-tools. And nothing says power like a chainsaw.

So, a word of caution through this article.  For the inexperienced, trimming a tree is akin to giving your young son a buzz cut with the clippers.  You’d better know when to stop, or there could be a lot of crying to follow.

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ARE YOU READY FOR YOUR DEPOSITION? Ten Simple Rules to Keep in Mind

Your deposition is very important to your case.  It is part of what the law calls “discovery,” which affords the defendant the chance to learn about your case.  A deposition is not your day in court – it is only an opportunity to gather information, and gain admissions to facts. It is not the time to shoot the breeze.  People have a natural urge to tell their story, and often want to add information when not asked (or when asked “is there anything else you’d  like to say?”)  Resist this urge.  The time to tell your story will be at trial when a judge and a Continue reading

Rights in Internal Investigations: Carney Rights for Massachusetts Public Employees

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By Gary G. Nolan, Esq.

Massachusetts grants public employees significant rights in the area of compelled statements that may give rise to criminal sanctions.  In fact, the rights granted by the Massachusetts Declaration of Rights are greater than those granted under the Federal Constitution.  Rights against self-incrimination arise in the context of an Employer compelling a statement from a public employee, where the answer may tend to incriminate the employee. Continue reading

COVER YOUR ASSETS: New Massachusetts Homestead Law Takes Effect

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 By Gary G. Nolan, NEPBA Counsel 

            Law enforcement officers are among the most visible public servants.  Unlike teachers and fire departments, you regularly come into contact with some dangerous and unpredictable people, as well as with good citizens who are in trouble.  Society has appointed you to keep the community safe – which means giving tickets, making arrests, and testifying against defendants.  The proper result of you doing your job is that people are often forced to pay fines and lose their freedom.  You deal with domestic violence Continue reading

O.K….so now what? The difficult space between death and burial

by Gary G. Nolan, NEPBA Counsel

Many reading this article (probably most) have reached the statistical half-way point in this life of ours.  We can only hope we will go the distance.  Over the years, my office has done estate plans for hundreds of people, including a great number of NEPBA members.  That process is a simple one.  Assuming you have no immediate plans to depart this world, the estate plan meeting is painless, and probably a little comical.  Most likely we poke some fun at the husband, telling him he need not worry about too many details, because he will Continue reading

LEGAL REPRESENTATION FOR THE INJURED OFFICER – A few things you need to know.

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NPH attorneys field lots of calls from injured officers.  Many municipalities prohibit police officers from returning to work unless they are 100% able to do all police functions.  Accordingly, if you have been injured in the line of duty, or have sustained injuries in an off duty accident, your ability to do your job might be seriously impacted.  Click on the link Continue reading

This is just between you and me, right Doc? Privacy, Confidentiality and the Work Ordered Medical Examination

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By Gary G. Nolan, NEPBA Counsel

This article is meant to address privacy concerns you should have when ordered to undergo a medical fitness for duty exam.  I will get to that eventually, but first want to discuss the state of our privacy in general.  I am sure we would all agree that the level of privacy we enjoy today is a mere shadow of that enjoyed by our parents.  Our lives are an open book.  Much too much about us can be learned in a very short amount of time spent online.  For reasons unbeknownst to me, not only do the government and others overly Continue reading

Are Your Members Protecting Their Families?

by Gary G. Nolan, NEPBA Counsel

In law enforcement, you learn at the very beginning of your career how important it is to protect yourself and your brother and sister officers.  You are taught about the use of force and defensive tactics to protect you from physical harm.  You receive training on report writing to protect you in the courtroom.  Through the union and your peers, you are educated about certain important rights you enjoy in the workplace, which rights protect your ability to earn a living.  Despite the dangerousness of your job, however, and the fact Continue reading