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10785 West Twain Avenue, Suite 200
Las Vegas, NV 89135-3028
Phone: 702.255.2000
Fax: 702.255.2012
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SELECTING YOUR SUCCESSOR TRUSTEE OR PERSONAL REPRESENTATIVE

By Kim BoyerAn important decision you need to make in planning your estate is who will be in charge of your assets after you’re gone or when you are incapacitated. Many of my clients ask me for guidance on selecting the successor trustee of their trust or the executor (“personal representative”) of their estate. There […]

The Need for Medicaid Planning

By Kim Boyer

      As Baby Boomers reach retirement age, more will be thinking about long-term care and planning ahead. For many families, this can mean trying to qualify for Medicaid to pay for the cost of long-term care. People are living longer and often suffer longer from debilitating diseases, therefore requiring more long-term care than […]

Affordable Care Act in Nevada

The 2010 Affordable Care Act (“ACA”) requires individuals to have health insurance starting in January 2014, called the individual mandate. Under the ACA, the Medicaid expansion was optional, and Nevada has chosen the Medicaid expansion. In addition, Nevada has received approval from the U.S. Department of Health and Human Services to run its own exchange, […]

How Nevada Medicaid is Viewing Special Needs Trusts

We attended a seminar in Reno where we learned from the Nevada Medicaid Office how they are currently viewing the special needs trust (“SNT”). A special needs trust is a trust used to hold the assets of a disabled person who is under age 65. If the trust is drafted correctly, the assets […]

Elder Exploitation Litigation in Nevada: A Model for Effective Recovery of Assets

Kim Boyer, CELA Written for NAELA Advance Practitioner’s Program March 12-14, 2004

I. Introduction

Financial exploitation of our elderly is a common occurrence, and has been described as the fastest form of elder abuse. This paper provides a framework for bringing an action to recover the assets or property under Nevada law. Nevada has […]

What is the five-year “look-back” and how does it work?

By Kim Boyer

When applying for Medicaid, the state will “look back” to see if any gifts have been made. The state will not let you just give away your property or your money to qualify for Medicaid. Any gifts or transfers for less than fair market value that are made during the “look back” […]

Power of Attorney v. Guardianship

By Kim Boyer

One of our readers recently called our office to ask if we had literature on the difference between a Durable General Power of Attorney and a Guardianship. Due to the overwhelming number of times our office has been asked that question, we chose to write an article on this topic.

What is […]

Importance of Medicaid Planning from a Nursing Home Perspective

By Kim Boyer

Without proper planning, some nursing home residents do not become qualified for Medicaid or maintain their eligibility. If that occurs, the resident may not receive necessary services, or the nursing home may not be paid for its services. Here are some actual case examples:

Case One: A nursing home called our office […]

Tax Deduction For Family Caregiver Services

By Kim Boyer

Many times family members or friends provide care to a loved one for a fee. These family members or friends are typically unlicensed caregivers. Can the person paying for the care deduct the payments as a medical expense on their income tax return?

Medical expenses, not compensated for by […]

I was told our income is too high for Medicaid. What can we do?

By Kim Boyer

Margaret and Sam have been married for 41 years. Sam suffers a paralyzing stroke. Margaret is distraught. “The doctor says Sam needs long-term care in a nursing home,” Margaret says. “The case worker said our income is too high to qualify for Medicaid, and we have to apply through the county after […]

Nevada Supreme Court Rules on Medicaid Estate Recovery

By Kim Boyer

What is Estate Recovery? In 1993, the federal government passed a little debated law that required state Medicaid programs to recover from the estates of deceased Medicaid beneficiaries. This recoupment is referred to as “Medicaid Estate Recovery.” Usually the greatest asset owned by people facing a long-term care stay is their home. […]

Medicaid Division of Assets in Nevada

By Kim Boyer

Medicaid law is complex and there is a great deal of confusion over the “division of assets” and the “Medicaid spend-down.” Everyone’s situation is different and this article provides an example of just one of the ways in which many of our clients are able to qualify their spouse for Medicaid without […]

How to Protect Your Assets from Rising Nursing Home Costs

By Kim Boyer Senior Press April 2003

Ralph and Alice just celebrated their 51st wedding anniversary. Ralph, who has Alzheimer’s, wandered away from home. The police found him sitting on a street curb, talking incoherently. They took him to a hospital. Now the family doctor has told Alice that she needs to place Ralph […]

Simple Things You Can Do to Prevent Age-Related Memory Loss

People who are dealing with a loved one with dementia have a great deal of stress, and often times must deal with the question of “why is this happening?” Often it is hereditary, but researchers now know that age-related memory loss can be influenced by lifestyle factors. There is a book by Jean Carper, titled […]

Medicaid Spend Down

By Kim Boyer

What is a spend down? This is the amount by which a Medicaid applicant’s allowable resources must be reduced before eligibility can be obtained. The concept applies to both married and single applicants, although there are additional methods of spend down for married applicants.

One method of spend down is to pay […]

Successful Medicaid Planning

By Kim Boyer

The budget crisis has made obtaining Medicaid more difficult. Still, elder law attorneys may be able to assist individuals and families in developing estate plans to avoid depleting their assets, should they become ill and need long term care.

For those individuals who are already in a nursing home, despite the harsh […]

Dementia and Legal Capacity

By Kim Boyer

Dementia is often a key factor in determining the capacity of an individual. Doctors and elder law attorneys view dementia from different perspectives. Doctors are concerned with diagnosis and treatment. Elder law attorneys are concerned with whether there is capacity to execute estate planning documents, and the client’s susceptibility to being […]

10 Most Common Health Mistakes Seniors Make

By Kim Boyer

Driving when it’s no longer safe. Seniors often associate mobility in a car with their independence, but knowing when it is time to stop driving is important. Fighting the aging process and its appearance. Seniors who refuse to wear a hearing aid, eyeglasses or dentures, or to use walking aids are not […]

Avoid Medicaid Traps When Child is a Caregiver

By Kim Boyer

Over 22 million Americans care for their ailing parents, other relatives or friends. Most of these caregivers do so without compensation. Taking certain steps ahead of time may save assets from Medicaid.

If caregiving services are being provided by a child, but no caregiver contract is in place, the family risks losing […]

Nevada Supreme Court Rules on Surrogate Consent

By Kim Boyer

Avis Maxey, who was 72 years old, ingested approximately 200 prescription pills in an apparent suicide attempt. Her ex-husband, Theodore, with whom she resided, delayed calling an ambulance because he believed she wanted to kill herself. When the paramedics arrived, they nonetheless attempted to resuscitate Avis. At the hospital, Theodore signed papers […]

Avoiding Estate Planning Pitfalls in Nevada

By Kim Boyer

We have the opportunity to help people plan ahead, so their plan accomplishes their goals. We also see what happens when people do not plan at all, do not plan properly, or do not follow through. Here are some common estate planning pitfalls and how you can avoid them.

Joint […]

Basic Tax Issues for Seniors and their Families

By Kim Boyer

This article discusses some basic tax issues that seniors and their families face.

Filing Return for an Incapacitated Person. If a taxpayer is unable to manage her affairs over a long period because of physical or mental disability, another person may have to file the tax return. For a joint return, […]

VA Benefits: Family Caregiver Payments

By Kim Boyer

Many veterans or surviving spouses of veterans are unaware that they could qualify for significant cash benefits under the improved pension program through the Department of Veterans Affairs (“VA”). This is often referred to as “aid and attendance.” Even for those who have heard about this VA benefit, many may be […]

Avoiding Fraud Against Seniors

By Kim Boyer

Fraud is on the rise in America, and seniors are among the prime targets of con artists. Seniors account for 26% of all mail fraud victims, but their representation increases dramatically in certain categories, such as prizes and sweepstakes, where seniors account for 60% of victims.

In one of the worst […]

Financial Exploitation: Using NRS 159.091 to Recover Property

By Kim Boyer Nevada Lawyer April 2002

Many of our elderly are being financially exploited, usually by family members, neighbors or friends. Filing a civil lawsuit to recover the property can be costly and time consuming. An effective way to recover real property or personal property is by using NRS 159.091 in a guardianship […]

VA Issues New Policy on Aid and Attendance

By Kim Boyer

I visited San Antonio, Texas for training. During our breaks, we walked along the beautiful river walk, and visited The Alamo. As we were getting ready to board our return flight, they called for all the sailors and soldiers to board the plane first. The crowd waiting to board broke into […]

Enhancing the Quality of Life for People with Alzheimer’s

By Kim Boyer

Learning how to communicate with loved ones who have Alzheimer’s disease is often a difficult task for families. It can be heartbreaking and confusing to witness a loved one exhibits behavior that is far from his or her usual temperament. In order to sustain relationships and enhance coping abilities, family members and […]