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Wagner Law
Wagner Law

General Blog

Estate Planning Essentials: Medicaid And Divorce
  • Published: September 15, 2020

Harry and Wanda got married late in life. This was their second marriage, and both had children from the prior marriages. The couple wanted their children to inherit from their respective parents, so Harry and Wanda signed a prenuptial agreement to keep their property clearly separated. Unfortunately, Harry was then diagnosed with Alzheimer’s. Medical bills piled up, his condition worsened, and soon Wanda was no longer able to care for him at home. But the cost of nursing-home care was formidable. The Medicaid program is designed to help pay for…Read More

Things You Should Know About The Fiduciary Rule
  • Published: September 11, 2020

On March 15, 2018, the Fifth Circuit Court of Appeals ruled that the United States Labor Department acted outside of its authority by creating the fiduciary rule and no longer has authority to enforce this Obama-era protection for retirement savers. The fiduciary rule required financial advisors to act solely in their clients’ best interest as it related to investments into retirement accounts such as 401(k) and IRAs. Practically speaking, this required financial advisors to disclose all fees and commissions, in easy to understand form, that they would earn from your…Read More

Why A Solid Estate Plan Is Crucial In Securing Your Future
  • Published: August 31, 2020

Estate planning may sound like the domain of the very wealthy, however, but it is an essential securing your future. In the eyes of the law, an estate is simply the aggregate of property an individual owns, and most everyone owns something. Property ownership includes individual as well as jointly owned bank accounts, stocks and bonds, retirement accounts, real estate, jewelry, vehicles, your online digital footprint, and even pets. Short of being utterly destitute, you have an estate, and planning for it helps to protect yourself, your family, and your…Read More

There Is An Increase In Elder Abuse During The Covid-19 Pandemic
  • Published: August 24, 2020

Whether at home or in a long-term care facility, senior Americans are increasing experiencing incidents of mistreatment and abuse as social isolation during the covid-19 pandemic. Stay-at-home guidelines isolate seniors from the systems that can protect them like medical providers, congregations, extended family, and senior centers. The high rate of coronavirus deaths for those Americans 70 and older increases fear and their dependency on those who might seek to take advantage of them. Sadly, most of these abusers are family members, such as an adult child or spouse, followed by…Read More

PTSD And Its Lasting Effects On Senior Veterans
  • Published: August 17, 2020

Post-traumatic stress disorder, commonly known as PTSD, has become a widely-discussed topic in mainstream news. Most of the time, the stories are referring to younger vets coming back from war—those who have bravely served more recently in Afghanistan and Iraq. But less frequently discussed is the fact that older Veterans also suffer from PTSD long after they have returned home and years after combat, sometimes even decades later! An entire older generation of Veterans from World War II, Korea, and Vietnam are now showing signs of PTSD. During midlife, these…Read More

Warning Signs You Need To Look For When Choosing A Nursing Home
  • Published: August 10, 2020

Nurse Aide Attitude – These men and women are the hard-working individuals who will be directly interacting and caring for your loved one day and night. Aides are the single most important component of the quality of care. When a caregiver is respectful, kind and overall diligent, residents’ lives can be affected in a profound and positive way. The opposite also rings true. Don’t forget to speak with the aides and hear what they have to say. Residents’ Point of View – Be sure to ask a couple of the residents what…Read More

New Guidelines For Special Education Amid The COVID-19 Pandemic
  • Published: August 4, 2020

The US Department of Education is providing details about how states, schools, and parents can best address student special education needs following the Individuals with Disabilities Education Act (IDEA). Students with special needs are provided Free Appropriate Public Education (FAPE), which requires tailoring to meet individual disability needs. The program’s goal is to give children with special needs the same education opportunities as those without disabilities. The coronavirus is severely challenging schools to provide these necessary services. The guidelines are one set of procedures for children ages 2 to 21…Read More

The Government Recommends Aging Adults Adopt An Exercise Program
  • Published: July 30, 2020

The government has just released new recommendations for aging adults regarding exercise. The latest findings from the U.S. Department of Health and Human Services concluded that all aging adults should include aerobic and muscle strengthening exercises, as well as balance training. The authors of the study by the Journal of the American Medical Association (JAMA) state “All three aspects are important for this population because older adults are at an increased risk of falls, and strength and balance are needed to prevent falls.” Physically active adults are better able to…Read More

The Medicaid Divorce: Why Some Couples Divorce To Qualify For Medicaid
  • Published: July 22, 2020

Some couples choose to divorce in order to divide up their assets and help qualify for Medicaid. But there are downsides to this already painful solution for covering the high price of long-term care. The Example Of Harry And Wanda Harry and Wanda got married late in life. This was their second marriage, and both had children from the prior marriages. The couple wanted their children to inherit from their respective parents, so Harry and Wanda signed a prenuptial agreement to keep their property clearly separated. Unfortunately, Harry was then…Read More

Warning Sign Of Alzheimer’s Disease And Dementia Include Poor Financial Decisions
  • Published: July 16, 2020

The onset of Alzheimer’s Disease or Dementia reduces brain function, which can in turn lead to making poor financial decisions on your own behalf. If you are 50 years old or greater, having easy access to your financial assets – like stocks and bonds, checking and savings accounts, money market accounts, and other assets – can lead to loss of these funds if an unauthorized person gains access to them, or if they are mismanaged. Family members are often unaware their loved one needs help before the unintentionally mismanaged assets,…Read More

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