The Pollan Law Firm
In Atlanta, The Pollan Law Firm offers first-hand guidance in elder care law, Medicaid and special-needs planning.
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September 2019 Archives

What should I know about a Medicaid waiver?

Georgia residents and their families who are elderly, ill or have a condition that requires extensive care will have many concerns when long-term care is needed. Even if the person is covered by Medicaid, there remain issues as to where the care is given and what the living arrangements will be. For those who want to have the care at home or in their community and would prefer not to live in a facility to receive that care, understanding a Medicaid waiver is a critical part of the process. To use a Medicaid waiver, having legal advice can be imperative.

Three things a nursing home cannot do

If you are considering moving a loved into a nursing home in Atlanta or elsewhere in Georgia, you might be nervous about the risks involved. Fortunately, nursing home patients have certain rights that are in place to protect them. In other words, a nursing home cannot assume full control over a resident to the point that family is denied visitation and residents' rights are violated.

Estate planning for special needs children

Most Georgia parents understand the need for a competently prepared estate plan to pass their assets to their children. This need becomes even more critical for parents of children with special needs. Parents with special needs children should consider some of the following suggestions to ensure that their special needs child receives the proper care after they are gone.

Understanding estate recovery under Medicaid

Georgians who receive Medicaid are often extremely thankful for the financial assistance. However, they are often surprised and saddened when they learn that their home and assets may be subject to Medicaid Estate Recovery after they die. This program was enacted by the Georgia legislature in 2006 pursuant the requirement in the federal Omnibus Budget Reconciliation Act of 2003. The federal statute requires the states to enact laws allowing for the recovery of money paid out of Medicaid for long term care and home and community-based care paid for by Medicaid.

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