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Elder And Family Law

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Healthcare Directive (4 Pages)
$ 29.00

This Form is a Health Care Directive to be signed by a person who does not want “heroic” measures taken to protect life where there is no quality of life remaining. The Form also appoints a person (along with a successor) to act on behalf of the signatory and represent the signatory’s interests with the health care community.

Long Term Care Insurance Payment Plan (4 Pages)
$ 49.00

This Form presents a long-term care insurance reimbursement plan that a Company may adopt for the benefit of certain employees. Here, the plan is limited to Company officers and their spouses. The group of eligible employees may be expanded or contracted, as desired. This plan limits reimbursement to $15,000 per year. A figure greater or smaller may be adopted.

Medicaid Planning: 5-Year Income Only Trust (12 Pages)
$ 29.00

This Form is a Declaration of Trust by a Grantor seeking to qualify for Medicaid eligibility. The Trust is irrevocable. The Trust provides for the Trust income to be paid to or for the Grantor’s benefit for a period of five years. No Trust principal may be paid to the Grantor. Upon the first to occur of the Grantor’s death or the expiration of five years from the date of creation of the Trust, the Trust terminates, and all of the Trust property is paid to the Grantor’s children in accordance with a limited power of appointment (in the event of the Grantor’s death) or to the Grantor’s children per stirpes in the event of the expiration of the Trust term or the Grantor’s non-exercise of the limited power of appointment.

Medicaid Planning: Life Care Agreement (7 Pages)
$ 19.00

This is a Form of a Life Care Agreement. It is intended to present an appropriate method of having an elderly person (Senior) pay in advance for ongoing care services to be rendered by another (Provider) on behalf of Senior. Such arrangements, if properly structured based on the Senior’s life expectancy and a proper rate of payment, should permit Senior to pay funds in the nature of an appropriate life annuity and not have the payment of such funds negatively affect the eligibility of Senior for possible Medicaid assistance.
 

Medicaid Planning: Miller Trust (8 Pages)
$ 19.00

This is a Form of a “Miller Trust”, sometimes referred to as a “Qualified Income Trust”. The Trust takes its name from the case of Miller v. Ibarra, 746 F. Supp. 19 (D. Colo. 1990), and is specifically sanctioned by 42 U.S.C. § 1396p(d)(4)(B). The Trust may be used when the countable resources of a Medicaid applicant may be sufficiently low for Medicaid qualification, but the applicant’s monthly income is too high for those states that look to an income limit as a basis for Medicaid qualification. However, the available income is not enough to pay the cost of long-term care in a skilled nursing facility. This Trust is designed to address this problem by bridging the gap between the income cap for eligibility and the actual cost of nursing home care. The Miller trust is significant in those states which impose an income cap on Medicaid long-term care eligibility.
 

Pre-Nuptial Agreement (8 Pages)
$ 19.00

This is a Form of Pre-Nuptial Agreement to be used by persons contemplating marriage and desiring to protect their respective assets. It is essential without exception that the Agreement include Schedules listing all of each person’s assets and include a recitation affirming that each has engaged separate representation. There must be full and complete disclosure of one’s assets.

Private Annuity Agreement (3 Pages)
$ 19.00

This is a Form of a Private Annuity. Note that it is important for tax reasons to recite that the transferred property is not responsible for the payments due to the annuitants, and that the transfer of property is not secured. In doing a private annuity transaction, it is important that the annuity payments be made based on the value of both the transferred property and the actuarial life expectancy of the annuitant to avoid any inference of a gift; hence the references in the Agreement to these items.

Special Needs Trust Of A Third Person's Assets Created By That Person For A Disabled (Or Other) Person (7 Pages)
$ 59.00

This Form is a Supplemental Needs Trust created by a third party. This means that it is the assets of the third party, not those of the beneficiary, that are being used to fund this Trust. This means that the grantor of the Trust may provide that when the Trust terminates, an alternative beneficiary may receive the balance of the remaining trust assets, if any (as opposed to the state Medicaid authorities).

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