Elder Law

Tuesday, August 28, 2018

Changes to Statutory Durable Power of Attorney

The Texas Legislature has approved major changes to the Statutory Durable Power of Attorney (SDPOA) - the form that allows you to appoint an agent to act for you in certain financial matters - making it imperative to review and consider updating your power of attorney.  Legislators expanded the instrument to include important new powers - including "hot powers" - which may be granted to your agent and may be especially useful for Medicaid Planning, Estate Planning, and Tax Planning purposes.  New agent duties and responsibilities were also added.

The so-called "hot powers" include authorities which may be essential in elder law situations:  for example, the authority to create a trust, to change a beneficiary designation, to create a right of survivorship, and to transfer property to the agent. 

Read more . . .

Tuesday, September 22, 2015

Recent Changes in Elder Law

On this first day of autumn, the Stone Law Firm is launching a new series of blogs on Recent Changes in Elder Law.


Veterans Aid and Attendance Pension

Proposed new rules for the Veterans Aid and Attendance Pension could make sweeping changes to the pension, if implemented.  The proposed new rules would add a 36-month look-back period and a penalty for gifting property, similar to Medicaid.  Another goal of the new rules is to clarify the maximum amount of assets that the veteran or widow can have in order to qualify.  Medical eligibility criteria may also be tightened.  The rules may be implemented as soon as October 1st or later in February, 2016.  We do not know what the final rules will be or whether pending applications will be grandfathered.


Texas Medicaid

With the legalization of same-sex marriage by the U.S. Supreme Court, the Texas Medicaid Nursing Home program has extended spousal impoverishment protections to all married couples, including same-sex married couples.  Spousal impoverishment protections are designed to protect the finances of the beneficiary’s spouse by providing a minimum monthly income to the spouse and allowing the spouse to keep one-half or more of the couple’s assets.


A Medicaid rule change has occurred in regard to Applied Income, or the co-payment that a beneficiary pays to the nursing home.  Medicaid will no longer exclude as an expense the withholding of taxes from Social Security and pension checks.


Estate Planning, Advance Directives, Guardianship

The Texas Legislature has enacted changes to the Statutory Durable Power of Attorney, Directive to Physicians, and Appointment of Agent for Disposition of Remains.  In addition, the Legislature added certain patient protections to the controversial futile care law by providing a medical standard for the withdrawal of pain medication and artificially administered nutrition and hydration. 


The Legislature also approved statutory changes that emphasize the use of less restrictive alternatives to guardianship, which deprives an incapacitated person of many legal rights.


Future blogs will provide additional details and updates on changes in elder law.  For more information contact Nancy Stone at 713.434.6310.



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Attorney Nancy Stone assists clients with Elder Law, Medicaid Planning, and Estate Planning throughout Harris County, TX. I am now based in Sugar Land and serve all of Houston, Harris County, Bellaire, Jersey Village, Cypress, West University, The Heights, Pearland, Alvin, Sugar Land, Missouri City, Kingwood, Humble, The Woodlands, Spring, Tomball, Richmond, Rosenberg Pasadena, Baytown, La Porte, Clear Lake, Texas City, Katy, Friendswood, Stafford, as well as Fort Bend County, Brazoria County, Montgomery County, Galveston County, Liberty County, Chambers County, Waller County and throughout Southeast TX.

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| Phone: 713.434.6310 | 281.566.2500

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