What if you are in the process of a divorce and you were admitted to a hospital? Imagine further that you were unconscious. What if your soon to be ex-spouse was your designated agent for making health care decisions as opposed to your children? That's not a good scenario.
The same scenario could apply to a durable power of attorney you have executed. While it would be contrary to the standard pre-trial order in Nebraska divorce cases, your future ex-spouse would have a "blank check" and full access to your assets.
My point is this. Once a divorce case is filed, it the best practice to revise all of your estate planning documents. ...
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The partial government shutdown and Medicaid
Medicaid is funded through September 2019. Moreover, the State of Nebraska administers Medicaid and it is not shutdown.
Therefore, Medicaid applications and payments will proceed normally. ...
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Medicaid compliant annuities are not a countable resource.
Husband entered the nursing home on July 21, 2010. His wife was well. The wife consulted an attorney and she reconfigured her assets in a conventional way and clearly permitted by North Dakota law. The wife also purchased a single-premium (lump sum) immediate annuity for $400,000. The annuity was required to pay the wife $2,734 per month over 13 years.
The State of North Dakota denied the husband's application of Medicaid benefits. The State was of the opinion that the annuity was a countable resource. The couple filed a lawsuit in the federal district court and won. North Dakota, and eight other states, appealed to the Eighth ...
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