You can find our latest article on the NH Bar website online at https://www.nhbar.org/publications/display-news-issue.asp?id=8317
Beneficiaries of irrevocable trusts and trustees administering assets for individuals who rely on public benefits based on financial need, such as Supplemental Security Income (SSI), may be interested in a recent Social Security Administration (SSA) publication of internal instructions (an "Emergency Message - EM"). EM-16012 instructs SSA staff to provide more detail regarding the reasoning for an agency decision when a trust, such as a .
It is not uncommon to be confused about the difference between Medicare and Medicaid. Although these two programs have similar sounding names, and are administered by the same federal agency, these programs are very different. One major difference between Medicare and Medicaid is that Medicare does not have a financial eligibility test; individuals who are disabled or reach retirement age, qualify for Medicare based on work history. In .
The Centers for Medicare and Medicaid Services (“CMS”) recently announced the 2016 annual Medicare premiums and deductibles.
Please see our most recent article in the August, 2015 NH Bar News.
In New Hampshire, a child who turns eighteen (18) is considered an adult regardless of capacity. After that “magic” age, parents (or other family members or interested parties filling in the role of parents) no longer have the legal authority, without written authorization, to speak with a child’s doctors about medical treatment or work with the school system on such child’s behalf. Depending upon your child’s ability to manage his or her .
New Hampshire expanded its healthcare advance directive statute (NH RSA § 137-J) in 2015 to include a surrogate health care decision-making process. These surrogacy provisions allow a patient’s relatives, in a specific order of priority, to make timely health care decisions, without court involvement, for a period of up to 90 days when no healthcare agent is available or willing to act.
The Achieving Better Life Experience Act (ABLE), was signed into law on December 19, 2014. Once a state has passed legislation implementing an ABLE account program and the Treasury Department issues regulations, persons with disabilities may own and control one tax-exempt savings account for the payment of qualified disability-related expenses. ABLE account funds generally will not count toward income and resource limits for federal .
As appeared in EP Magazine, June 2006: Volume 36, Issue 6.
There are many types of governmental benefits available to a special needs individual, such as medical and cash assistance, food stamps and housing subsidies. This much-needed assistance may be available at the federal, state and local levels. Every program has its own eligibility guidelines, whether financial, or otherwise, and each benefit requires some sort of application. .