Estate Planning for Gas Lease Owners

Home Care Agency/Registry Regulations Issued

Using Medicaid Qualifying Annuities

To Give or Not To Give…and How Much? Powers of Attorney

Nursing Home Residents Can Sue for Violations of Nursing Home Reform Act

Marshall, Parker & Associates’ Paralegals Attain Certification

Follow Marshall, Parker & Associates’ Attorneys on Twitter

Free Consumer Workshops Set for March

Save the Date!  Marshall, Parker & Associates’ 14th Annual Professional Update Set for May 20th and May 21st

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Estate Planning for Gas Lease Landowners

Written By: Attorney Dale A. Tice

 

Landowners who have signed an oil and gas lease and have received a large cash bonus payment realize the economic benefit that the Marcellus shale can bring.  Those landowners who signed early and did not see the big initial payment may feel frustrated, thinking that they missed out on the opportunity of a lifetime. Those who have not yet been offered a lease, but have seen all of their neighbors enriched by leasing, may also have the sense that the gas leasing boom has passed them by.

In reality, Pennsylvania is only experiencing the beginning of the Marcellus shale play.  Although the large cash bonus payments may be intoxicating, the real, substantial benefit will derive from the royalty payments that landowners may receive.  While nobody has a crystal ball, the oil and gas industry clearly expects that the Marcellus is going to be one of the most productive gas fields in the nation.  As development proceeds, the wealth will be shared with all of the landowners who have signed leases where the gas companies are drilling.  For landowners in areas where the geology is good, leasing opportunities will continue into the future.

Signing the lease is only the first step.  What landowners must understand is that the Marcellus has the potential to produce life-changing wealth, and that royalty income may continue for many years.  Planning to protect this source of wealth for your family is the crucial next step.  READ MORE

 

The law firm of Marshall, Parker & Associates recognizes the need for quality legal counsel in this area of law that is new to central and northeastern Pennsylvania.  We are pleased to offer the services of Attorney Dale A. Tice who has extensive experience reviewing oil and gas leases and negotiating lease terms for landowners.  He has presented numerous educational programs with the Penn State Cooperative Extension, and has served as a faculty member presenting educational seminars for lawyers with the Pennsylvania Bar Institute.  Please contact Dale for assistance with review and negotiation of an oil and gas lease or of any of the documents discussed above, or if you have questions related to oil and gas leasing.

 

Attorney Tice can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Tice is available on our website at www.paelderlaw.com/staff.html

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Home Care Agency/Registry Regulations Issued

 

Written By: Attorney Jeffrey A. Marshall, CELA*

 

The PA Department of Health has issued final regulations which set minimum standards for the state’s estimated 800 home care agencies and home care registries. Home care agencies and home care registries provide non-skilled services to individuals in their homes or other independent living environments. (More than 400 home health agencies that employ skilled individuals such as nurses and therapists were previously regulated.)

Home care services include assistance with medications, personal care assistance with personal hygiene, dressing and feeding, housekeeping, shopping, meal planning and preparation and transportation, companionship services, respite care and other non-skilled services.

The new regulations do not apply to self-employed individuals who have a direct relationship with a client. But employers who send multiple direct-care workers into homes will have to become licensed and ensure that aides have criminal background checks and tuberculosis screenings. Employees will also have to pass a basic competency test or receive training on skills and knowledge in assisting clients.

The Department of Health is now accepting applications for licensure. Applications and related licensure information are available here. A summary of the regulations is available on the Marshall, Parker & Associates’ website. 

Attorney Marshall can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Marshall is available on our website at www.paelderlaw.com/staff.html

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Using Medicaid Qualifying Annuities

Written By: Attorney Matthew J. Parker, CELA*

On February 17, 2010, I was honored to present for the Pennsylvania Bar Institute at its annual Estate & Elder Law Symposium in Mechanicsburg.   I presented the session on Practical Calculations for Using Annuities and Notes in Medicaid Planning.  Medicaid Qualifying Annuities help people qualify for Medical Assistance (Medicaid) while preserving resources from the cost of long term care.    

If a couple has savings in excess of the resource limitations, the ill spouse will not qualify for Medical Assistance without expert planning.  Many families spend the “excess” resources in an effort to qualify for Medical Assistance. A Medicaid Qualifying Annuity can preserve those resources. 

Immediate annuities have long served to provide “income” to retirees.   When you purchase an immediate annuity, you pay a sum of money to an insurance company.  In return, the insurance company agrees to make monthly payments to you over a stated period of time. 

A Medicaid Qualifying Annuity is a type of immediate annuity that is purchased only when someone wants to qualify for Medical Assistance. Purchasing a Medicaid Qualifying Annuity can reduce a couple’s savings to the level required to qualify for Medical Assistance.

Here is an example for a married couple…

John and his wife Mary have $100,000 in liquid resources (i.e. bank accounts).  Under Medical Assistance rules, John is not eligible because he can keep only $2400 and his wife can keep $50,000 as her resource allowance.  They have $47,600 in “excess” resources that will need to be spent before John qualifies for Medical Assistance. 

Rather than spend the $47,600, Mary hires an elder law attorney who recommends the purchase of a Medicaid Qualifying Annuity for $47,600. The annuity pays Mary $1000 per month for the term of the annuity.  Once she purchases the annuity, the “excess” $47,600 has been converted to monthly payments and John is now eligible for Medical Assistance.

Medicaid Qualifying Annuities must have terms and conditions that meet state and federal guidelines.  They should only be used under the guidance of an experienced elder law attorney.  One of the 5 certified elder law attorneys at Marshall, Parker & Associates can determine if a Medicaid Qualifying Annuity is right for you. 

If you wish to learn more about Medicaid Qualifying Annuities, please visit our website at www.paelderlaw.com or call for an appointment, 1-800-401-4552.

 

Attorney Parker can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Marshall is available on our website at www.paelderlaw.com/staff.html

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To Give or Not To Give…and How Much?
Powers of Attorney

 

Written By: Attorney Tammy A. Weber, CELA*

Every adult should have a Power of Attorney. 

Who do you choose as your agent?  How much power do you give your agent?  What are the possible consequences of giving or not giving that power?  Simple questions?

I was honored to be a presenter for the Pennsylvania Bar Institute’s 11th Annual Estate & Elder Law Symposium held in Mechanicsburg on February 17th.  Lawyers come to learn and get their required continuing legal education credit hours (12 hours per year).  Recent cases are highlighted and practical pointers are given.  Among the points discussed in my presentation was that when it comes to powers of attorney there are few simple questions and each client has unique circumstances that deserve a thorough analysis and conversation. A power of attorney is not just a standard document decided in five minutes.

Here are a few examples of issues that can be encountered:

• Does your financial power of attorney discuss gifting and what type?  Does your agent have the power to engage in unlimited gifting?  If that power is not there, then your agent cannot transfer the family home to your spouse to protect it from the costs of nursing home care, unless your agent gets court approval.

• Are there checks and balances for a rogue agent? Does your daughter Susie need the agreement of your other children before she transfers your assets to herself?

• Does your financial power of attorney give your agent the ability to use your funds to pay Susie to care for you at home instead of going to a nursing home?

• Can your health care agent talk to your doctor about whether you are mentally competent to make your own health care decisions?  The privacy rules are strict, and the persons you think have the power may not.

• Can your agent agree to binding arbitration on your behalf?  If so, your future rights may be lost.

• What happens if your 18-year old child goes to college without a power of attorney and has an accident and you are five hours away?  Is the hospital required to give you that child’s status, and can you make decisions if needed?

You need an expert in the field of estate planning and elder law for the most complete answers to fit your personal circumstances so that if your agent needs to act, your agent has the extent of power you want to give – no more and no less. 

Attorney Weber can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Weber is available on our website at www.paelderlaw.com/staff.html

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Nursing Home Residents Can Sue for Violations of Nursing Home Reform Act

 

Written By: Attorney Jeffrey A. Marshall, CELA*

 

On February 22, 2010, the U.S. Supreme Court denied certiorari in a case in which the Third Circuit Court of Appeals ruled that a nursing home resident and Medicaid recipient may sue under 42 U.S.C. § 1983 for violations of the Federal Nursing Home Reform Amendments (FNHRA). Click here to read the Third Circuit Court opinion that was upheld: Grammer v. Kane Regional Centers (U.S. Ct. App., 3rd Cir., No. 07-2358, June 30, 2009).  “The decision likely will cause both private and state run nursing homes to rethink patient and consumer rights," notes McKnight's Long-Term Care News.

Attorney Marshall can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Marshall is available on our website at www.paelderlaw.com/staff.html

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Marshall, Parker & Associates’ Paralegals Attain Certification

Marshall, Parker & Associates is pleased to announce staff members Josephine Reviello and Catherine Drawbaugh Redden have recently attained the credential of Pennsylvania Certified Paralegal by the Keystone Alliance of Paralegal Associations, earning the right to use the designation Pa.C.P.

Josephine Reviello, BSW, LPN, Pa.C.P., is a Planning Specialist with the firm, working in the Wilkes-Barre and Scranton offices since 2002. Before joining the team at Marshall, Parker & Associates, Josephine worked in a local nursing home as the Director of Social Services and a charge nurse prior to that.  She has also worked as a Hospice LPN.

Catherine Drawbaugh Redden, Pa.C.P., is an Estate Administration Paralegal with the firm, working in the Williamsport office since 2004.  Before joining the team at Marshall, Parker & Associates, Catherine received her Associates Degree in Business Management from Williamsport Area Community College and was employed by local law firms. 

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Follow Our Staff on Twitter

 

As an additional way to help you stay on top of the ever-changing issues affecting our clients, Attorney Marshall, and Attorney Tice are now “tweeting” on Twitter. You can follow Jeff Marshall at http://twitter.com/ElderLawGuy and Dale Tice at http://twitter.com/PAGasLawGuy.

Just click on the link above or on the Twitter link below to check out their tweets.

Jeff is giving is “followers” links to online articles he is reading on issues of importance to seniors and to people who may need long term supports and services. Dale is providing his “followers” with the latest information about Pennsylvania’s Marcellus shale industry and its effect on landowners. Here are some examples:

                       
-Range Resources plans to drill 150 horizontal wells this year: http://tinyurl.com/ycvszqp

-Shale Gas and Drinking Water: http://tinyurl.com/ygrbysp

-PA Gov. Ed Rendell announces budget that proposes a new severance tax on natural gas production: http://tinyurl.com/yj5czdl

-The Kaiser Family Foundation's updated 2010 Medicare primer is available online at: http://www.kff.org/medicare/7615.cfm

-How Does Vascular Dementia Differ from Alzheimer's? http://tinyurl.com/yhc5hs5

                       
For those of you who aren’t familiar with Twitter, it’s basically “micro-blogging.” Writers are forced to communicate in 140 characters or less (which is exceedingly tough for lawyers to do). You can get lots of information very quickly.  It’s free to sign up. Plus, it’s fun.  Sign up to be able to access all of their “tweets.”

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Join Marshall, Parker & Associates for our FREE Consumer Workshops to Learn How to Protect Your Home & Assets from Long Term Care Costs:

- Protect Your Home & Assets from Long Term Care Costs

Saturday, March 13, 2010 from 10:00 AM until 12:00 PM at The Quality Inn in Lewistown

- Protect Your Home & Assets from Long Term Care Costs

Saturday, March 20, 2010 from 10:00 AM until 12:00 PM at Fiorelli’s Catering in Peckville

-Special Needs Planning for Parents & Grandparents

Saturday, March 20, 2010 from 10:00 AM until 12:00 PM at The Waterfront Banquet Facility in Plains

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Save the Date! 14th Annual Professional Update is set for May

Don’t miss the area’s premier event for elder and special needs professionals!  We have scheduled the 14th Annual Professional Update for Thursday, May 20, 2010 at the Williamsport Genetti and Friday, May 21, 2010 at the Hilton Hotel & Convention Center in Scranton. 

Each year we gather experts from across the state and the nation to bring our local community up-to-date on the latest trends affecting the seniors and individuals with special needs.  The program is offered free of charge and will run from 8:00 AM until 12:00 PM.  Various CEUs will be offered at little or no cost to attendees. So, mark your calendar now and watch for more information about this year’s speakers and topics.

 

Contacting Marshall, Parker & Associates
 for Assistance

 

Marshall, Parker & Associates is a nationally recognized law firm which provides long-term care planning, estate planning, special needs planning, & estate administration services to Pennsylvania clients from our offices in Jersey Shore, Williamsport, Wilkes-Barre and Scranton.

Marshall, Parker & Associates is the ONLY law firm in the United States with more than two Certified Elder Law Attorneys (CELAs) on its staff.  Five of our attorneys are CELAs.  CELA status, which has been attained by only 37 attorneys in Pennsylvania, is authorized by the Pennsylvania Supreme Court.  In approving the CELA professional designation, the Supreme Court found that it provides a measure of assurance to the public that the attorney has an in-depth working knowledge of the legal issues impacting the elderly.

If you or someone you know needs assistance with estate planning or with qualification for Medicaid benefits for nursing home or home care, you can trust the specialists at Marshall, Parker & Associates. Please call us toll free at 1-800-401-4552 or e-mail our Scheduling Coordinator, Lynn Wesley at webmail@paelderlaw.com.

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*Attorneys Marshall, Parker, Grebas, Weber & Colbert are all certified as Elder Law Attorneys by the National Elder Law Foundation under authorization from the Pennsylvania Supreme Court.
**In addition to her law degree and CELA status, Attorney Colbert holds an advanced legal degree (LLM) in Estate Planning from the University of Miami School of Law.

 

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