October 10, 2019 robert slutsky

Handwritten wills can come to be for a variety of different reasons. Some write them because they never wanted to face their mortality, while others want to avoid facing their kids or the discussions that occur as a result of appropriate planning. Many simply do not want to pay an attorney.

September 30, 2019 robert slutsky

A fiduciary is a person who has a legal obligation to another party to act in that party’s best interest. The law of the state usually defines a fiduciary relationship. Many relationships where money or property is involved is a fiduciary relationship. A few professions involving a relationship include attorney-client, trustee-beneficiary, executor-estates, some financial advisors…

September 24, 2019 robert slutsky

As the top-rated elder care attorney serving Chester County, I see many cases where loved ones are starting to decline in the daily functions of their lives. The decline is usually gradual, and if you are not seeing the person frequently or rarely speak to them in person, these changes may not be as noticeable….

September 17, 2019 robert slutsky

As a top-rated elder law attorney serving Montgomery County, PA, I help families with Medicaid and estate planning, special needs planning and long term care planning. When I am assisting them with getting their affairs in order, clients often ask me whether they need a POLST if they have an advance directive.

August 19, 2019 robert slutsky

As a top-rated elder care lawyer serving Chester County, PA, I like to stay on top of new developments, new, and other related information related to senior care. And new research is currently showing that, while they were investigating brain tumors in children, scientists at the St. Jude Children’s Research Hospital might have discovered a…

August 8, 2019 robert slutsky

As the top-rated estate planning lawyer in Montgomery County, PA, I hear scenarios of seniors becoming victims of fraudulent scams and financial abuse all too often. Researchers have found that seniors are inherently more vulnerable because of the physical changes to their brain as they age. Researchers are studying the progression of hearing loss and…

July 10, 2019 robert slutsky

As the top-rated estate planning lawyer in Montgomery County, PA, I hear plenty of common misconceptions about Medicaid, including what qualifies you, and how it might affect your personal assets. Let’s take a look at some of these misconceptions, dispel the rumors, find out the real truth, and see how it can affect you and…

July 3, 2019 robert slutsky

As one of the leading Medicaid attorneys serving Chester County, PA, I encounter many cases of mental decline, especially dementia, while working with my clients and their loved ones. In fact, dementia is probably one of the biggest risks our society faces. It changes a person’s behavior, destroys relationships (marriages, friends, families), and caring for…

June 24, 2019 robert slutsky

As an elder law attorney serving Chester County, I often have to assist clients plan their discharge from the hospital and help them to consider what occurs after rehabilitation. Many times, the rehab is effective, and the client can transition back home with some support. However, sometimes the medical, physical, or cognitive requirements compel a…

June 17, 2019 robert slutsky

Understanding Your Consultative Examination After filing a disability benefits claim, you may receive correspondence from the Social Security Administration informing you of an appointment they have scheduled for you to undergo an examination. This examination is known as a “consultative exam.” It may be normal to feel some apprehension upon receiving this notice, and you…

June 13, 2019 robert slutsky

A recent report from NBC news highlighted something that I see every day in my practice. Many aging adults are putting off retirement or draining their retirement savings (or having them drained) to support adult children. As the go-to elder care attorney serving Chester County, I see the worst cases in my representation of Older…

June 3, 2019 robert slutsky

          The goal of the Consumer Financial Protection Bureau (CFPB) is to ensure that markets for consumer financial products and services are effective for consumers. This is done by enforcing effective rules and by empowering consumers to take more control over their economic lives. The CFPB makes sure banks, lenders, and…

May 31, 2019 robert slutsky

            This newly founded disease may be more prevalent than Alzheimer’s among the elderly population. Known as limbic-predominant age-related TDP-43 encephalopathy (LATE), it is believed that this affliction mimics Alzheimer’s disease with the symptoms that it presents. However, it affects the brain differently, and it manifests at a slower rate…

May 7, 2019 robert slutsky

From complicated emotional considerations to negotiating the physical space inside a home where everyone will reside, blending two families together can prove to be a challenging balancing act. But when we talk about “yours, mine, and ours,” this can take on a whole new meaning when it comes to finances and estate planning.

April 5, 2019 robert slutsky

              As an elder law attorney, I help clients address a number of concerns, including estate planning wills, special needs planning, and even help with Medicaid applications for residents throughout Chester County. And one of the most common questions my clients ask is about planning and protecting their assets,…

March 21, 2019 robert slutsky

            Although I am an estate administration lawyer in Chester County, PA, I rarely get into deep legal issues beyond explaining relevant cases in layman’s terms. However, I saw a recent article that I thought was interesting enough to discuss the legal implications for the non-lawyer recipients of my newsletter/blog….

March 1, 2019 robert slutsky

        Although general practice attorneys have the ability to handle a senior’s legal matters, like planning wills, handling living trusts and estates, and addressing other legal matters, there is no substitute for a professional elder law attorney to manage these important tasks.

February 13, 2019 robert slutsky

          There is a lot of conversation about annuities lately, as they are heavily marketed to the growing senior population. The court seems to be out on whether they are worth it. Some people are proponents, and some are not; some are good products and serve a purpose, and some are…

January 10, 2019 robert slutsky

            The VA Aid and Attendance Benefit provides eligible veterans with tax-free income to pay for care because they need assistance with Activities of Daily Living and were enlisted in the military for at least 90 days, 1 of which was during wartime. It is considered an enhanced pension, and…

December 27, 2018 robert slutsky

            As an elder care attorney in Chester County, PA, one of the reasons I often get calls for guardianship (and one of the most challenging situations legally) is the right for family to visit an impaired older adult. Often one family member, the agent under a power of attorney…

December 3, 2018 robert slutsky

            People ask me about trusts in estate planning. They hear about a friend who used a trust or a financial advisor who said a trust will protect their assets from long-term care costs or reduce taxes. Trusts can be helpful but only if you understand what they can and…

November 29, 2018 robert slutsky

            In the event of the death of a loved one, often one of the most sobering and difficult decisions you can make concerns the question of the deceased’s remains. Did they wish to be cremated, or buried- and if so, where? To whom, if anyone, should their organs be…

October 26, 2018 robert slutsky

One of the biggest misconceptions about hospice is that it is only for people who are actively dying or for whom death is imminent. While hospice is not for people who are expected to live for years, it is often appropriate for people who are declining and failing to thrive.  Hospice care can make a…

October 3, 2018 robert slutsky

Many older adults, without legal advice, choose to transfer their home to their children. For many, this is giving away ownership rights to one of, if not the, largest asset you own. But why?

October 2, 2018 robert slutsky

Medicaid is a means-tested health insurance program.  It has two main pieces: The general health insurance program that is more based on low income The Long Term Care benefit that has both income and asset limitations (as well as a clinical requirement) Unlike Medicare, Medicaid, under the right circumstances, will pay for long-term care services…

September 26, 2018 robert slutsky

  Three years ago, the Veterans Administration issued proposed regulations that were to significantly reduce the number of veterans eligible to receive enhanced pension benefits if they needed long term care. The proposed regulations instituted a lookback period and penalties for transfers within 36 months of filing for application for these enhanced pension benefits. There…

August 21, 2018 robert slutsky

      Contrary to popular belief, if you die without a will, your assets do not go to the state.  However the state will make a will for you. Whether the will that the state makes for you carries out your wishes is another issue entirely.  When a person does not have a will…

August 7, 2018 robert slutsky

      Often people call my office and ask: “What do you charge for a FILL IN THE BLANK DOCUMENT.” I will respond (while trying not to sound unkind) that the documents are free. It is the 25 years of experience, the cases I have seen and most importantly the questions I ask and…

June 14, 2018 robert slutsky

        Slutsky Elder Law provides the responsible estate planning, asset protection, and guidance for older and disabled adults in Pennsylvania. We understand that finding the best arrangements for clients’ long-term wishes and care is a crucial obligation, and one that should be carefully considered and planned. We pride ourselves on offering a…

June 13, 2018 robert slutsky

Elder law has evolved into an ever-changing landscape of laws and disciplines which continually evolve. At Slutsky Elder Law we guide seniors and their families through the ever-changing elder care landscape.   Protect Your Assets   At Slutsky Elder Law, we protect you and your family from the financial devastation of elder care costs. We…

May 17, 2018 robert slutsky

While it is not a large part of the program, family provided care under the PA Medicaid Waiver program is getting larger.   There are two ways a family member can provide care to a medically appropriate relative and get compensated under the Medicaid Waiver program. The person can get hired by a homecare agency…

May 9, 2018 robert slutsky

What things should be taken into consideration when hiring a financial advisor? Fees: Some charge an hourly fee, some charge a fee based on percentage of assets under management, some get paid commissions for products they sell. Only you can determine which is right for you or whether you feel a particular mode of compensation…

May 1, 2018 robert slutsky

Does Alzheimer’s Begin in Childhood? A new study found shocking evidence to suggest that Alzheimer’s begins in childhood, with babies younger than a year old displaying signs of the disease. The research emphasized that earlier intervention is necessary to prevent the disease and addressing air pollution may play a key role. Researchers examined the autopsies…

April 25, 2018 robert slutsky

The Washington Post recently ran an article about efforts underway by some folks to expand Oregon’s physician-aided dying law to include those individuals who do not have terminal illnesses. In Oregon, pushing to give patients with degenerative diseases the right to die explains efforts to expand the scope of Oregon’s law to cover those with…

April 20, 2018 robert slutsky

What is a perfect score on cognitive testing and what does it mean?  Having represented clients in well over 300 guardianships I have seen the common cognitive tests and how they are interpreted many times. Scoring well on them may or may not represent what you think it does.   On its surface, the Montreal…

April 13, 2018 robert slutsky

This week’s blog is off topic for elder law but I feel compelled to put my thoughts in writing. I hope, regardless of your politics or religion, it makes you think, and maybe act.   On April 12, 2018 Many people in the United States observe Yom Hashoah, which is also known as Holocaust Remembrance…

April 6, 2018 robert slutsky

While the execution of wills requires formalities like witnesses and a notary, the reality is that much property passes to heirs through other means that often lack the protections of a properly drafted will or trust.   Many bank and investments accounts, as well as real estate, have joint owners who take ownership automatically at…

March 29, 2018 robert slutsky

Many eldercare professionals have observed or have in someway been involved in an incapacity proceeding. The roles of the parties are not always clear. As a lawyer involved in over 350 incapacity proceedings the one concern/ambiguity I have always had is the role or counsel appointed for the alleged incapacitated person.   In Pennsylvania the…

March 20, 2018 robert slutsky

Long-term care insurance (LTCi) is an important element of good retirement planning, since it offers financial protection against unexpected illness or disability that would otherwise quickly diminish your savings. However, many LTCi plans are simply too expensive for most retirees or people nearing retirement age, and the costs seem to continue to increase.   At…

February 27, 2018 robert slutsky

In a (very) rare act of bipartisanship, the United States Congress came to an agreement to avoid the risk of a government shutdown.   There are new Medicare changes under the new budget agreement that have a dramatic impact on health care. The Bipartisan Budget Act of 2018 is a continuing resolution (CR) to keep…

February 20, 2018 robert slutsky

Older parents are becoming more common. Whether it is societal, educational, maturity or debt related (academic debt), our society, in general is having families later in life, sometimes much later. But later-in-life parents have special estate planning and retirement considerations.   The first consideration is to make sure you have an estate plan and that…

February 14, 2018 robert slutsky

Medicare beneficiaries may now discuss options for end-of-life care with their health care providers. Beneficiaries of course were already free to talk about advance care planning with their doctors or other qualified health professionals. However, practitioners were only reimbursed for such discussions during a patient’s “Welcome to Medicare” visit, a time when the topic may…

January 30, 2018 robert slutsky

A recent New Jersey appeals court case demonstrates how important it is for families to come up with a long term care plan before an emergency happens. The case involves two brothers who got into a fight over whether to place their mother in a nursing home.  Sadly, this dispute resulted in one brother filing…