A study released in 2011 showed that low income families on Medicaid have very limited access to dental care. Many dentists say that the Medicaid payment rates are too low for them to participate in the program. However, the same study also showed that the same low income families could receive dental care if they chose to pay in cash.

The Pew Center on the States reports that in Florida, only about 26% of children on Medicaid saw a dentist in 2009. Further, more than half of all the counties in Florida do not have a single pediatric dentist who will accept Medicaid.

When children ignore regular dental care it can lead to serious complications. A dental infection can promote heart disease and lead to strokes, diabetes, and osteoporosis. Children with severe dental infections can even die. When children do not receive regular dental care they can also be forced to go through root canals and tooth extractions before the age of 10.

Tip 1: Make medical choices now.

The onset of dementia can leave you legally incapacitated and unable to make your own decisions. You can, however, choose to set out your choices now before any problems arise. Creating a living Will allows you to state your medical wishes in detail, and in a form that your health care providers and physicians must abide by if you ever need it. A living Will is distinctly different than a last Will, and both must comply with specific state rules.

Tip 2: Have someone ready to step in to take over.

A power of attorney is a legal document that lets you choose someone who will make your choices for you. You can create a power of attorney that takes effect only once you lose capacity. This allows you to continue making your own decisions until the very last moment.

The hackers had apparently discovered that a state computer worker had used a weak password on a computer server that housed sensitive Medicaid patient information. The hackers used this password to steal 24,000 documents and patient records. However, many of these documents contained information on hundreds of individuals, thus resulting in increased estimate of the number of people affected by the security breach.

Network security experts say that there is little or nothing an individual patient can do to prevent these types of third-party security breaches. However, Utah officials have said they will give affected individuals one year of free credit monitoring services. This will allow the patients to know whether the hackers have used their personal information to fraudulently opened new financial accounts in the patient’s name.

Though credit monitoring is not necessary for everyone, you can protect yourself from identity theft by carefully paying attention to all the transactions listed on both your bank and credit card statements. If you ever notice a suspicious transaction you should contact the bank or credit card company immediately. Also, you should make it a point to regularly inspect your credit report and note if there are any unauthorized accounts.

Elder law isn’t a specific law or group of laws, but rather a category that encompasses numerous different legal issues that elderly people commonly face. An elder law attorney is a lawyer who specializes in these legal issues and how they affect people. Common elder law issues include Medicaid planning, nursing home planning, powers of attorney, and medical directives.

Question 2: Is estate planning the same as elder law?

No. Estate planning covers what happens to your property after you die. Though elder law includes estate planning, it also covers the issues that impact your life before you die. An elder law attorney can advise you about all the issues you may face as you get older. Elder law attorneys can also help you plan ahead and avoid potential legal hurdles.

Question 3: Does Elder Law only affect the elderly?

Elder law issues are not exclusive to elderly people and can impact people of any age. For example, some elderly people who lose their mental capacities need to have a conservator or guardian appointed to manage their affairs. While elderly people are more likely to face this issue, younger people can also suffer illnesses or injuries that require the appointment of a legal guardian. Also, anyone over the age of 18 is capable of creating their own estate plan, powers of attorney, and medical directives.

Question 1: What is a small estate affidavit?

Interested parties can claim estate property by filing a sworn document, known as an affidavit. To qualify, an estate must be worth no more than $20,000. However, if the person filing the affidavit is a spouse of the deceased person, or that person’s sole heir, the estate can be worth as much as $30,000.

Question 2: When can you use the small estate affidavit?

You can use the affidavit to claim any personal property. This means you cannot use it to recover land, buildings, or other forms of property that need a deed or title to own.

Question 3: How do I use the small estate affidavit?

You must fill out the affidavit form and have it notarized before a licensed North Carolina notary public. You must sign the affidavit and affirm that you are entitled to receive the property. You must also file a copy of the affidavit with the Clerk of the Superior Court in the county where the decedent lived at the time of death. After filing the copy, you can then take possession of the property or, if someone else is holding the property, you can present the affidavit to the property holder to transfer it to you.

Anytime you get married, divorced, or have a new child, it’s time to update your Will. If you don’t change the terms of your Will after these key moments you could end up unintentionally leaving someone out or causing a court to determine that part of your Will is invalid. This is especially important if you give gifts to specific people, such as giving a portion of your estate to your children by name.

Tip 2: Be careful when gifting specific property.

A Will is not a contract and any property you give through your will does not become the beneficiary’s property until you die. This means that you can use that property in any way you like until your death. If, for example, you own a house and use your will to gift it to your only child, you are still free to sell the house when you like. However, if you do so it is important to go back and change the terms of your Will because the house is no longer yours. If you don’t change the Will, your child will receive nothing.

Tip 3: Consider granting gifts to classes of family member.

You can leave an inheritance in different ways, including by giving gifts to individuals and to classes of people. For example, you can decide to give your wife half of your estate and divide the rest between your children. This method will cover any children that are born after you create your will. Otherwise, if you give gifts to specific children you will need to account for any new children that you didn’t name.

Tip 1: Use an irrevocable living trust.

In order to receive long-term care coverage under Medicaid you have to meet specific requirements. Namely, you can have no more than $2,000 in cash assets in your name, though this does not include your home and your car. In order to meet this requirement many people create an irrevocable living trust. The trust becomes the owner of your property and you become the beneficiary.

Tip 2: Use temporary long-term care insurance.

Included in the $2,000 cash asset limit is a five-year “look back” time window. During this time, you cannot have given gifts to others in excess of the $2,000 limit, or else you will be ineligible for long-term care coverage under Medicaid. To cover this five-year interim period you can acquire long-term care insurance. While lifetime long-term care insurance is often expensive, short-term insurance can be very helpful.

Tip 3: Talk to your attorney.

The rules governing Medicaid coverage can change at any time, and new rules will come into effect in 2014 unless the Supreme Court issues a ruling that affects the Affordable Care Act. Because of all these potential changes, and the current specific requirements, it is important to consult your estate planning lawyer if you want to use Medicaid to pay for long-term care.

The battle started before Ms. Astor died when her grandson filed a lawsuit asking that his father, Anthony D. Marshall, be removed as Mrs. Astor’s guardian. Mr. Marshall was Ms. Astor’s only son and had been responsible for caring for his mother in the final years of her life as she suffered from dementia and other ailments. The lawsuit alleged that Mr. Marshall, currently age 87, had abused his position and not only stolen from his mother but convinced her to alter her will to leave him a larger inheritance and more control over her estate.

Mr. Marshall has since been convicted of stealing from Ms. Astor and has been sentenced to up to three years in prison, though he is currently appealing the conviction. The settlement reached by the office of the New York Attorney General Eric T. Schneiderman declares that Mr. Marshall will inherit $14.5 million and will not have a role in managing the rest of the estate funds. Those funds will be distributed to different charities, and $30 million of the estate will go towards establishing the Brooke Astor Fund for New York City Education. The terms of the settlement are binding regardless of the outcome of the criminal appeal Mr. Marshall is pursuing.

Currently, Medicaid provides health insurance coverage to millions of Americans, including one out of three children. The new expanded provisions under the health care law will extend coverage to millions more Americans beginning in 2014.

Medicaid is a voluntary program in which the federal government establishes requirements. If the states wish to receive Medicaid funding, they must comply with these federally established rules.

When the 26 states that filed the lawsuit against the Affordable Care Act made arguments in front of the court, they claimed, in part, that the Medicaid expansion coverage provisions are coercive in nature and should thus be deemed unconstitutional. Though no lower court agreed with this coercion argument, if the Supreme Court accepts it and deems the expansion as unconstitutional, this ruling might affect other federal programs that have a similar voluntary nature. Federal child welfare funds, educational programs and other programs may be deemed similarly coercive. What this means for those programs is not entirely clear, but the court is expected to convey its judgment on the issue in June.

If you’ve created a Will, a personal property letter is a document that can accompany your Will and which addresses your choices about who receives your family heirlooms, collectibles, photographs, and other property of a personal nature. Anyone can use a personal property distribution letter as it allows you to quickly and easily change your choices about how you distribute the smaller assets.

Question 2: What are the legal requirements for personal property letter?

Though each state has its own laws about the use of these documents, you should probably consult with your estate planning attorney and make sure your will allows you to include such a document in your estate plan. Your will should specifically allow for a personal property letter and have provisions in case the document is missing or if there is some property left out of the letter.

Question 3: How do I create a personal property distribution letter?

Usually, all you have to do is create a list of personal property and write down who you want to receive it. After that, you should sign and date the letter. This is much simpler than changing your Will or creating a codicil, as you do not have to have it witnessed. You may want to have the letter notarized, though this is not necessary.