False Assessments in Medicare Dispute

 I've noticed how more and more cases arise concerning individuals losing Medicare support because they haven't planned ahead and lack the help of an attorney. Wanda Papciak, an 81 year old woman, was receiving Medicare support in a skilled nursing facility after her hip surgery. She was then falsely assessed by an agency who claimed she no longer needed the skilled support and was placed in custodial care, cutting off her Medicare financial support. Eventually after an appeal to the federal district court, it was declared that Miss Papciak was not considered for a long term support plan by the Medicare agency and needed more time under skilled nursing facility rehabilitation.

Whenever a person is denied Medicare because a lack of skilled care is needed, the patient (or their representative) must receive notice and an opportunity for a fair hearing. If you believe a loved one still needs skill care, it is important not to miss this opportunity to appeal to a fair hearing. The assistance of a qualified elder law attorney can be very helpful in this situation. If you would like more information on how I can help you plan to prevent this from happening to you or your loved ones, contact me, attorney Gerald J. Turner, at Orsi, Arone, Rothenberg, Iannuzzi & Turner, LLP.

160 Gould Street
Suite 320
Needham, MA 02494
(781) 239-8900 (phone)
(781) 239-8909 (fax)
E-MAIL:  gturner@oarlawyers.com

Why Estate Planning is Crucial when it comes to Marriage...

In a recent trade publication I subscribe to, a colleague of mine shared his views on estate planning for those who may walk down the aisle more than once. Assets between both parties involved need to be determined through a premarital agreement in order to avoid future conflict. There are countless details to consider when dealing with estate planning: everything from the residency of children to rules of the house, should the marriage fail.

I believe follow through on the attorney's end is incredibly important to the premarital process. Title changes of assets and many other things needed to be handled by the attorney after the exchange of vows to ensure that everything is accurate and in writing.

Premarital agreements, a power of attorney, or even a Qualified Terminable Interest Property (QTIP)
may seem rather overwhelming, but all these factors need to be considered nonetheless. Do you need someone who is reliable and more than capable of handling your estate planning? Maybe not only an attorney, but one who happens to be a CPA for the commonwealth of Massachusetts? Then please contact attorney Gerald J. Turner at Orsi, Arone, Rothenberg, Iannuzzi & Turner, LLP.

160 Gould Street
Suite 320
Needham, MA 02494
(781) 239-8900 (phone)
(781) 239-8909 (fax)
E-MAIL: gturner@oarlawyers.com

Why you should speak to an Elder Law Attorney...

There has been a long standing rule that one cannot give their assets away and shortly thereafter receive Medicaid assistance. There are, however, exceptions to that rule. One of these exceptions is called the care taker child exception. This exception generally allowed a parent to give their home to a child that lived with that parent for two years; took care of that parent during that time and but for that child's care, the parent would have needed nursing home care much sooner. In the recent case of Maguire v. Dehner, the rules of the "Caretaker Child Exception" highlighted just how strict Medicaid has become. A hearing officer ruled that the family's description of assistance was neither sufficient enough to require Medicaid support for nursing home benefits, nor did it justify Reta Maguire passing her residence over to her daughter. Even with an appeal to the Superior Court of Massachusetts and a call for an acknowledgement for this "error of law," the Maguire family lost their fight against the strict rules and regulations of Medicaid. While the caretaker child exception is still available, one must be absolutely certain to follow the Medicaid regulations exactly and seek the help of a qualified elderlaw attorney. If you would like more information regarding Medicaid, elderlaw or estate planning. Please contact attorney Gerald J. Turner at Orsi, Arone, Rothenberg, Iannuzzi & Turner, LLP


160 Gould Street

Suite 320

Needham, MA 02494

(781) 239-8900 (phone)

(781) 239-8909 (fax)

E-MAIL: gturner@oarlawyers.com