Nursing homes in New Hampshire seem to have undergone a fairly major transformation. New Hampshire once had some of the best nursing homes in the country. New Hampshire nursing homes led the country in the movement to remove physical restraints and to promote the...
FINANCIAL EXPLOITATION- ARE YOU AT RISK?
New Hampshire law is protective of our elderly or otherwise vulnerable folks. The law has been quite strict and effective January 1, it will be even stricter. RSA 631 provides that anyone who "knowingly or recklessly" acquires assets of an impaired adult through...
Nursing Home Involuntary Discharge
Nursing homes seem to be attempting to discharge their "more challenging" residents at an increasing pace. Reimbursements rates are static, Medicaid is very slow paying, and labor costs are rising- if the facility can find staff. As a result some nursing homes will...
Nursing Home Costs and Protecting the At-Home Spouse
As a senior, there is a good chance that you, or your spouse if you are married, will need long-term care at some point. The Nursing Home Costs of that care will not be cheap. In fact, if you failed to plan ahead, your long-term care (LTC) costs could deplete your...
When is a Guardianship Necessary? And How is One Obtained?
A Guardianship grants one person control over another person's assets or even control over the actual person. Technically these are called Guardianship over the Person and Guardianship over the Estate. The process starts by the proposed Guardian petitioning Probate...
Estate Plan: The Biggest Mistakes to Avoid
Mistakes to avoid in an Estate Plan An estate plan is not something most people want to spend time on when thinking about the inevitable—our own mortality. If you don’t, however, you may be leaving a mess for your loved ones. It is not enough to just “make a plan.” It...
Medicaid Estate Recovery- Problems Of Expanded Medicaid
With Medicaid Estate Recovery, Expanded Medicaid Could Cost Some People their Inheritance As many of you know, the State of New Hampshire is allowed by federal law to file liens against property and to recover from the estates of Medicaid recipients who have died....
US Supreme Court: Inherited IRAs not safe from Bankruptcy!!!
Inherited IRAs cannot be used for bankruptcy protection The US Supreme Court recently ruled that inherited IRAs are not "retirement accounts" for purposes of bankruptcy protection. Normally, a tax qualified retirement account is not available to creditors in a...
Durable Power of Attorney for Healthcare
New Category for Durable Power of Attorney for Healthcare The New Hampshire Legislature is considering a change in the statute authorizing a Durable Power of Attorney for Healthcare. The proposed change would create a new category of decision-maker: Surrogate (under...
Protection for Nursing Homes or a Danger to Relatives???
Protection for Nursing Homes? NH State Bill SB138_FN Last year, the New Hampshire legislature passed a bill known as SB 138_FN. This bill was effective July 2, 2013. This bill gives protection for nursing homes by allowing them and certain assisted living facilities...