Articles and Publications

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... Read More

10 Most Common Health Mistakes Seniors Make

By Kim Boyer 1.  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. 2.  Fighting the aging process and its appearance. Seniors... Read More

Avoid Medicaid Traps When Child is a Caregiver

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... Read More

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... Read More

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... Read More

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... Read More

Asset Protection for Physicians, Part 6

Part 6: Life Insurance By Robert L. Bolick, Esq. This article is the last in a six-part series on simple and reasonable steps you can take to protect your assets. This issue focuses on how to protect the cash value... Read More

Asset Protection for Physicians, Part 5

Part 5: Protecting Accounts Receivable By Robert L. Bolick This article is the fifth in a six-part series on simple and reasonable steps you can take to protect your assets. This issue focuses on how to protect your accounts receivable.... Read More

Asset Protection for Physicians, Part 4

Part 4: Limited-Liability Companies (LLCs) By Robert L. Bolick, Esq. This article is the fourth in a six-part series on simple and reasonable steps you can take to protect your assets. This issue focuses on how to protect your rental... Read More

Asset Protection for Physicians, Part 3

Part 3: Qualified Personal Residence Trusts (QPRTs) By Robert L. Bolick, Esq. This article is the third in a six-part series on simple and reasonable steps you can take to protect your assets. This issue focuses on how to protect... Read More

Asset Protection for Physicians, Part 2

Part 2: Family Limited Partnerships By Robert L. Bolick, Esq. This article is the second in a six-part series on simple and reasonable steps you can take to protect your assets. This issue focuses on how to protect your after-tax... Read More

Asset Protection for Physicians, Part 1

Part 1: Nevada Asset Protection Trusts By Robert L. Bolick, Esq. This article is the first in a six-part series on simple and reasonable steps you can take to protect your assets. In the upcoming issues You can learn how... Read More

Pitfalls and Dangers of Joint Tenancy

Pitfalls and Dangers of Joint Tenancy Robert L. Bolick, Shareholder   Most real estate owned by more than one person is held as “joint tenants with rights of survivorship”. This is more or less the default setting for holding title,... Read More

Are Living Trusts Still Relevant?

Are Living Trusts Still Relevant? Robert L. Bolick, Shareholder Yes! Living Trusts are as important now as ever – possibly even more relevant today than in the past.Many people confuse the whopping $5,250,000 federal estate tax exemption with the threshold... Read More

How Nevada Medicaid is Viewing Special Needs Trusts

By Kim Boyer 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... Read More

Affordable Care Act in Nevada

By Kim Boyer 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,... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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... Read More

Medicaid Division of Assets in Nevada

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... Read More

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.” ... Read More

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... Read More