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      Including Financial Advisors in Medicaid and Veterans Benefits Planning

      How to include financial advisors in the planning process is a topic I frequently see discussed on various elder law listservs.  The problem at hand is that many elder law attorneys have, or seek to have, referral relationships with local financial advisors for lead generating purposes; however, the financial advisors typically know only enough about Medicaid and Veterans Benefits planning to be dangerous.  The premise behind a referral relationship is that the financial advisor will ...

      2012 Medicaid Compliant Annuity Use Survey Results

      Through ongoing follow-up, research, and feedback from our elder law attorneys, Krause Financial Services is very well informed as to the use of Medicaid Compliant Annuities throughout the nation (e.g. what is working and what is not working).  Regardless, I decided to deploy a nationwide survey to determine if there was any information regarding the use of Medicaid Compliant Annuities that we weren't aware of. The results weren't terribly surprising.  However, I realized that not e ...

      Yet Another Victory for Community Spouse Medicaid Compliant Annuity Planning

      On March 26, 2008, Leroy and Glenda Morris requested that a resource assessment be conducted for Medicaid eligibility purposes.  The Morrises' countable resources were found to be $107,812.  After dividing that figure in half, Mr. Morris' community spouse resource allowance ("CSRA") was determined to be $53,906, leaving a spend-down amount of $51,906 after Mrs. Morris' individual resource allowance of $2,000 was retained.  As such, Mrs. Morris did not qualify for Medicaid at tha ...

      Attorney Disbarred After Attempted Annuity Sale to Elderly Client

      In the recent case of The Florida Bar v. Doherty, a Florida elder law attorney was disbarred by the Florida Supreme Court for attempting to sell an annuity to an elderly client without notifying the client in writing about the commission generated by the transaction.  The case is another example of the dangers inherent with attorneys providing financial planning services to their clients. In July and August of 2006, the attorney assisted his elderly, widowed client in the purchase of an ...