Issue # 1 – Caregiver Exception, the ABLE Act, Accessibility for Medical Assistance

Would you like to know more about common legal issues and tips for better living for you and your family? In this issue of our newsletter, we talk about the Caregiver Exception, the ABLE Act, Accessibility for Medical Assistance, and boosting your child’s learning at Vroom.org.

CAREGIVER EXCEPTION

If a caregiver child has resided with a parent for 2 years or longer immediately before that parent’s admission to a skilled nursing facility, then the caregiver exception may apply and the parent’s home can be transferred to the caregiver child without any penalty from the Department of Human Services if that parent is admitted to a skilled nursing facility and needs to be on medical assistance.

If the parent’s physician will verify that but for the child caring for the parent in their home, they would have been admitted to a long term care facility 2 years earlier.
The caregiver child must have proof of residing with the parent. The child must actually reside in the home and not just visit sporadically. To prove that one is residing in the parent’s home, I would recommend doing the following:

• Staying at the parent’s house every night and providing care for the parent during the day or make arrangements for their care;
• Receive mail at the parent’s address;
• Use the parent’s address for tax returns;
• Register your vehicle at the parent’s address;
• Vote at the precinct designated for your parent’s home;
• Choose doctors, dentists, accountants, and lawyers, located around your parent’s zip code.

ACHIEVING A BETTER LIFE EXPERIENCE (ABLE)

This act allows individuals receiving government benefits such as Supplemental Social Security Income to save money for special needs they may have that otherwise would not be permitted to be used out of the government benefit funds.

The IRS issued changes to the Achieving a Better life Experience (ABLE) act. The contributions to this account have increased from $14,000.00 to $15,000.00. An account owner can contribute part or all of their income above the $15,000.00 limit except if their employer contributes to a work place retirement plan on their behalf.

The owner of their ABLE account can rollover funds from a 529 college savings plan into their ABLE accounts. For more information, visit the page on my website about The ABLE Act.

ACCESSIBILITY FOR MEDICAL ASSISTANCE

The Department of Human Services produces an annual summary of the dollar amounts they use to calculate the accessibility for medical assistance benefits for individuals and their spouses seeking to be covered by Medicaid. For more information, download the PDF of Pennsylvania Medicaid Figures for Year 2019.

VROOM.COM

If you want your child or grandchild to have certain brain skills such as paying attention, flexible thinking, and just remembering information, this website highlights ways to do that with your young children when brain development is crucial.

DO YOU HAVE QUESTIONS FOR AN ATTORNEY?

If you have any questions regarding the topics in this newsletter, please visit our Contact Page or call our office at 724-863-6770. This is my first publication of some current, relevant topics. I will be doing this at least every few months or sooner if something of importance, such as a new law is enacted. I want not only to help you but to keep you informed.

My practice centers around, divorce, bankruptcy, estate law (wills and power of attorney), elder law, and social security disability, but if you have other issues give me a call and I can help you find an attorney to help with your legal needs.