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February 2012
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      Thanksgiving Holiday

      Krause Financial Services will be closing at 5:00 PM CST on Wednesday, November 25th, and will remain closed for the Thanksgiving Holiday on Thursday, November 26th, and Friday, November 27th, 2009.  Normal hours will resume on Monday, November 30th, 2009.

      2010 Medicaid Spousal Impoverishment Standards & VA Pension Standards

      The Center for Medicare and Medicaid Services has recently announced that the Community Spouse Resource Allowances and Monthly Maintenance Needs Allowances will not be increasing in 2010.  This relates to the fact that the consumer price index upon which the spousal impoverishment standards are based did not increase.  As such, for 2010, the Maximum Community Spouse Resource Allowance will remain at $109,560.00, and the Maximum Monthly Maintenance Needs Allowance will remain at $2,739. ...

      VA Planning - Asset and Income Test

      Throughout the inquiries that were made this week in the Ask Dale section of the site, I received numerous questions regarding the asset and income limitations for the Veterans Aid & Attendance ("A&A") Program.  Assuming the veteran meets the first four A&A requirements - (1) served at least 90 days of active military service, with at least one day occurring during a wartime, (2) received a military discharge other than dishonorable, (3) is permanently and totally disable ...

      VA Planning - Funding a Personal Services Contract

      In order for a qualified veteran, or the spouse of a qualified veteran (referred to as the claimant), to qualify for the Veterans Aid & Attendance benefit ("A&A"), he or she must spend down his or her excess resources.  Even though the VA has a specific formula for determining the resources to be retained by a claimant, the general school of thought is that a claimant should retain no more than $30,000.00 of cash or other assets. In those cases involving a caregiver child, the sp ...

      VA Planning - Immediate Annuity Plan vs. IDIGT

      In that there is little guidance in the General Counsel's opinions or Court of Veterans Appeals decisions to rely on the use of an Intentionally Defective Irrevocable Grantor Trust ("IDIGT") as an appropriate VA spend-down tool, it is my opinion that if a qualified veteran or the surviving spouse of a qualified veteran retains the right to monthly income from an IDIGT then the assets contained within the IDIGT are in danger of being counted by the VA.  Assets in excess of the "nominal ass ...

      Long-Term Care Insurance Premiums are Deductible by a C Corporation

      When a C Corporation purchases a Tax-Qualified Long-Term Care Insurance Policy ("TQLTCIP") on behalf of any of its employees, or their spouses and dependents, the corporation is entitled to take a 100% deduction as a business expense on the total premium paid.  Additionally, the corporation's purchase of a TQLTCIP is not subject to any non-discrimination rules, thus allowing the corporation to be selective in the classification of the employees it selects to cover.  A corporate resol ...

      Failure to Plan is a Plan for Failure

      After more than 20 years in elder law, I have learned that with the wave of baby boomers approaching retirement, there will be an unprecedented demand for professional long-term care services, including those provided by home health care agencies, assisted living facilities, and nursing homes.  With the increased demand, prices for the services are likely to skyrocket, making them unaffordable to most. Long-term care insurance ("LTCI") provides the financial leverage necessary to overcom ...