Category: Uncategorized

November 20, 2019 robert slutsky

As the top-rated elder care attorney in Chester County, PA, I have extensive experience with helping families who are challenged with a recent diagnosis of dementia with a loved one. It can seem unbearable for families and caregivers to cope with a recent diagnosis that a loved one is slowly losing their orientation or may…

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 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.

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…

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…

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…

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 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…

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…

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…

January 23, 2018 robert slutsky

Difficult Assets in Estates or Guardianships Oftentimes when I am assisting a family in estates or with guardianships I often find that the decedent/incapacitated person owned unique or troublesome assets.   Difficult Assets in Estates or Guardianship Include: Timeshares: These are almost impossible to sell once they are issued. If they are premier companies with premier…

January 2, 2018 robert slutsky

Slutsky Elder Law Presents Guest Contributors: Middle-aged Adults are Sandwiched in Between Aging Parents and Kids America is faced with an aging population and a generation of adults who may need to take care of their parents, while caring for the children and young adults in their household. Demands on the sandwichers are increasing as…

December 27, 2017 robert slutsky

At this time of year most of us reflect on what went well and not as well as we like in the past year and commit to doing better.  This reboot is needed even if we had a great year.  Even if you had some challenges in the last year, I bet you can find…

December 26, 2017 robert slutsky

Interested in Learning the New Tax Brackets? 1. Standard Deduction: The new tax law changes the standard deduction to $12,000 on single returns, $18,000 for head-of-household filers and $24,000 on joint returns … up from $6,350, $9,350 and $12,700 in 2017.  Individuals age 65 or older and blind people get even higher standard deductions. Two…

November 27, 2017 robert slutsky

Would you like a few tips about Nursing Home Admission Agreements? Common Concerns with Agreements: Concern: Some nursing home admission agreements assume that certain injuries are inevitable.  They limit the care for the resident and force the resident to hire private duty caregivers. Response: Federal law requires the nursing home to provide the care necessary…

November 18, 2017 robert slutsky

Is a Roth IRA right for you? A Roth IRA is a different type of IRA and it may work for you.  In its basic form an IRA (Individual Retirement Account) is an account that you can contribute funds free of federal income taxes.  You can contribute up to $5,500 per person (or $6,500 per…

October 9, 2017 robert slutsky

 How do Medicare and Employer Coverage Work Together? Medicare benefits start at age 65, but many people continue working past that age, either by choice or need. It is important to understand how Medicare and employer coverage work together.   Depending on your circumstances, Medicare is either the primary or secondary insurer. The primary insurer…

July 10, 2017 robert slutsky

Alzheimer’s Disease vs Age Related Memory Loss There was a recent article discussing Nobel Prize-winning Professor Eric Kandel’s 50+ years of research on the topic of memory loss and Alzheimer’s Disease. It described how, while some of the newer medications are making a difference, they are often less effective because they are not used until…

July 10, 2017 robert slutsky

With the Senate now releasing their version of the Affordable Care Act repeal and replacement I thought it would be good to go over what the proposed laws (House and Senate versions) did and did not do. However, I have been beaten to the punch by people both more knowledgeable and more articulate on the…

February 13, 2017 robert slutsky

Should All States Permit the Use of Medicaid for Assisted Living? The question of using Medicaid funds for assisted living is a big one for many in the elder care field. As we have discussed before, Medicaid is a joint state and federal program. The federal law lists broad eligibility rules, The states will get roughly…

January 31, 2017 robert slutsky

The Wall Street Journal recently ran an article Collapse of Long-Term Care Insurer Reflects Deep Industry Woes. The article focuses on “[t]wo insurance units of Penn Treaty American Corp., which have combined assets of about $600 million and projected long-term-care claims liabilities topping $4 billion,[which] are on track to be liquidated early next year, according…

January 3, 2017 robert slutsky

  New Year Wishes And Thoughts of Gratitude I want to take this opportunity to thank all of my clients, colleagues and friends for all that you have given to me in 2016. At this time of year I look back and reflect on how lucky I have been. I am blessed to have a wonderful,…

January 2, 2017 robert slutsky

Affordable Care Act:  Impact on Older Adults Repealing The Affordable Care Act Will Not Only Affect the Young One of President-elect’s Donald Trump’s campaign promises was to repeal the Affordable Care Act (ACA), aka Obamacare, and Republicans in Congress have vowed to make the repeal one of their first acts in the new term. While…

December 12, 2016 robert slutsky

Medicaid Block Grant Proposal Medicaid block grants  . . . again?  Regardless of your political persuasion it is quite evident that benefits for the older and disabled and likely to change when Donald Trump becomes president. Obviously things said during the campaign process do not always materialize. However, the appointments being made to high level…

December 12, 2016 robert slutsky

New Law Allows People with Disabilities to Create Special Trust Finally. The Special Needs Trust Fairness Act, federal legislation that will allow people with disabilities to create their own special needs trusts instead of having to rely on others, has passed the Congress. The measure was included in the 21st Century Cures Act, a $6.3…

October 19, 2016 robert slutsky

The phrase “asset protection planning” means a variety of things depending on who is asking for protection and the type of professional who hears the question. For example, a financial advisor whose client asks about asset protection will likely want to discuss investment strategy, diversification, “safe” investments, and rates of return, with the aim of…