Nursing Home Involuntary Discharge

Nursing homes seem to be attempting to discharge their “more challenging” residents at an increasing pace. Reimbursements rates are static, Medicaid is very slow paying, and labor costs are rising- if the facility can find staff. As a result some nursing homes will attempt to discharge residents who are heavy care, noisy, or who otherwise […]

Nursing Home Costs and Protecting the At-Home Spouse

As a senior, there is a good chance that you, or your spouse if you are married, will need long-term care at some point. The Nursing Home Costs of that care will not be cheap. In fact, if you failed to plan ahead, your long-term care (LTC) costs could deplete your retirement nest egg in […]

When is a Guardianship Necessary? And How is One Obtained?

A Guardianship grants one person control over another person’s assets or even control over the actual person. Technically these are called Guardianship over the Person and Guardianship over the Estate. The process starts by the proposed Guardian petitioning Probate Court for an appointment through the Court’s electronic filing system. That Petition must meet certain requirements such as specifically […]

Estate Plan: The Biggest Mistakes to Avoid

Mistakes to avoid in an Estate Plan An estate plan is not something most people want to spend time on when thinking about the inevitable—our own mortality. If you don’t, however, you may be leaving a mess for your loved ones. It is not enough to just “make a plan.” It is important to make […]

Medicaid Estate Recovery- Problems Of Expanded Medicaid

With Medicaid Estate Recovery, Expanded Medicaid Could Cost Some People their Inheritance As many of you know, the State of New Hampshire is allowed by federal law to file liens against property  and to recover from the estates of Medicaid recipients who have died. See (Medicaid Estate Recovery) at for an explanation of how this […]

US Supreme Court: Inherited IRAs not safe from Bankruptcy!!!

Inherited IRAs cannot be used for bankruptcy protection The US Supreme Court recently ruled that inherited IRAs are not “retirement accounts” for purposes of bankruptcy protection. Normally, a tax qualified retirement account is not available to creditors in a bankruptcy action. The Court ruled, however, that an inherited IRA, that is, an IRA inherited from […]

Durable Power of Attorney for Healthcare

New Category for Durable Power of Attorney for Healthcare The New Hampshire Legislature is considering a change in the statute authorizing a Durable Power of Attorney for Healthcare. The proposed change would create a new category of decision-maker: Surrogate (under the current statute, one who is authorized to make such decisions under a written Power of Attorney […]

Protection for Nursing Homes or a Danger to Relatives???

Protection for Nursing Homes? NH State Bill SB138_FN Last year, the New Hampshire legislature passed a bill known as SB 138_FN. This bill was effective July 2, 2013. This bill gives protection for nursing homes by allowing them and certain assisted living facilities to bring a cause of action to recover the “costs of care” […]

New Hampshire Nursing Home Resident Transfer-Discharge Rights

Resident Transfer-Discharge Rights Constraints Recently, I have seen several cases of involuntary discharge of nursing home residents (and residents of Assisted Living Facilities.) NH Nursing homes have rules/laws to follow when it comes to resident transfer-discharge rights. Here are some constraints in this area: Statutory.RSA 151:26 Regulatory. § He-E 802.15. Transfer or Discharge of Residents Contractual. The admission agreement and Marketing […]

Culture Change in Nursing Homes

Culture Change There is a movement today in nursing homes called “Culture Change”. This concept means different things to different people and the movement is not new- although the name is relatively new. Culture change in nursing homes  goes back at least to the early 1970’s. In New Hampshire, a long term care visionary by the name of Bill Thoms (Greenbriar) pioneered  such things […]