Koldin E-Newsletter

 

CAN YOU RELY ON INFORMATION PROVIDED BY THE GOVERNMENT?

Koldin Law Center E-Newsletter, June 3, 2005

A recent Court decision demonstrates the disastrous consequences that can occur as the result of misinformation by a Medicaid Caseworker.

In that case, the Medicaid applicant was in a nursing home and the grandson met with the Medicaid caseworker to discuss the grandmother’s legal options to protect her family home. The caseworker advised the son that as long as the grandmother signed a letter stating that she intended to return home, it would be protected.

This advice was not correct. The family home was only temporarily protected while the grandmother was still alive. Once the grandmother died, the Medicaid Agency filed an Estate recovery claim against the grandmother’s estate and the family lost the home.

The Supreme Court of Wyoming upheld the Medicaid Agency’s recovery of the home. The Court held that the Medicaid Caseworker’s mistake did not rise to the level of “affirmative misconduct” because it was an honest mistake and not a deliberate intent to deceive.

The Medicaid Laws are very complex. There are actually multiple layers of federal and state laws, regulations, Court cases, Administrative Fair Hearing decisions and Agency manuals. As a result misinformation is often provided to families causing them to lose substantial assets. You can protect your home and savings.

If you have concerns or questions, call or e-mail us.

We Appreciate Your Referrals

We have been told by many clients who are in a crisis that they wish they had known about our firm much sooner. We are proud of the many families we have helped in times of crisis.

We are also proud of the many families we helped avoid financial crisis by doing estate planning in advance.

We all share the responsibility for making our family and friends aware of the planning options available to them.

Your referral to the Koldin Law Center could make a major difference in the lives of your family and friends if they are someday faced with a long term illness.

Remember that the Koldin Law Center offers many services for clients of all ages. Our services range from basic estate planning such as a simple will to complex estate planning including asset preservation planning.

There is no fee for the initial consultation.

We will periodically e-mail you updates in Estate Planning, Elder Law and Medicaid topics that we believe to be of interest to our subscribers.

We receive many e-mail questions about Estate Planning, Elder Law and Medicaid from those who have visited our website. We always respond to those questions. When we believe such a question will be of interest to everyone on our mailing list, we will send the question (with the sender being anonymous) and our response to everyone.

This Newsletter is not intended to give or be relied upon as legal advice, but only to provide general information.

© 2005 Koldin Law Center, P.C.

Syracuse Office

Koldin Law Center, P.C.

6661 Kirkville Road
P.O. Box 279
East Syracuse, NY 13057

Tel: 315-463-4032
Fax: 315-463-6512

800-851-0022

Rochester Office

Koldin Law Center, P.C.

120 Corporate Woods, Suite 130
Rochester, NY 14623

Tel: 585-292-0090
Fax: 585-292-0272

800-533-8826

© 2008 Koldin Law Center, P.C. All rights reserved.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.