Helping Seniors & Families
Plan For Their Future
Feasterville, PA
215.396.1001
Doylestown, PA
215.345.5858

‘Tis the Season for Gifting

2016 Estate and Gift Tax At this time of year, we think about gifting for the holiday season. While gift-giving is considered an act of kindness, it can also be an important estate planning tool.

You may wish to give away assets during your life so they are not included in your estate and subject to tax upon your death. However, you need to consider the tax laws that may apply.

Continue Reading ‘Tis the Season for Gifting

Short Term Medicaid Annuities Approved by Court

medicaid annuities rulingRecently, the United States Court of Appeals for the Third Circuit ruled that short term annuities are a viable Medicaid planning tool for nursing home residents attempting to protect a portion of their resources and qualify for Medicaid benefits.

Many people believe that in order to qualify for Medicaid in a nursing home, you must deplete all of your resources. This is not correct. Medicaid annuities permit you and or/ your spouse to protect a significant portion of your resources.

Continue Reading Short Term Medicaid Annuities Approved by Court

Zahner Case Heard By Federal Appeals Court – Await Impact On Medicaid Approved Annuities

Zahner vs Commonwealth of PennsylvaniaIn January of this year, the Western District Court of Pennsylvania issued a summary judgment decision in the case of Zahner, et al. v. Commonwealth of Pennsylvania.

The primary issue in this case was whether “shorter” term annuities are valid under the Medicaid rules, or whether the purchase of one of these annuities constitutes a gift which will result in a period of ineligibility for the Medicaid applicant.  Unfortunately, the district court ruled that the “shorter” term annuities were a gift.

This case was appealed to the Third Circuit Court of Appeals by counsel for the Medicaid applicants, and it was argued before the court on November 19, 2014.  We must now await the court’s decision.

The use of “shorter” term annuities is an affective planning tool to help families protect a portion of their “nest egg” when a loved one is admitted to a nursing home and applies for Medicaid benefits.  Without the use of these annuities, in many situations, families would have to exhaust their entire savings to pay for the nursing home before their loved one could qualify for Medicaid benefits.

Pennsylvania’s New Power of Attorney Law

On July 2, 2014, Pennsylvania Gov. Tom Corbett signed into law Act 95 of 2014 which makes substantial changes to Pennsylvania’s power of attorney law.

A power of attorney (POA) is a document which gives you the authority to appoint an agent to make both financial and health care decisions on your behalf if you become disabled or incapacitated.  It is a very important legal document.

Under the new law, when you prepare your POA, it must be witnessed by two individuals and notarized.

Additionally, there are changes to the current notice and acknowledgment pages.  As the person making the POA, you sign the notice page. The notice page informs you of the broad powers you are giving to your agent.  The acknowledgment page must be signed by your agent before he or she uses the power of attorney. By signing, your agent agrees to act in your best interests, in good faith, and only within the scope of authority given the agent in the POA.

Continue Reading Pennsylvania’s New Power of Attorney Law

Gummer Elder Law participated in the 2014 Walk to End Alzheimer’s event

Gummer Elder Law 2014 Alzheimers WalkGummer Elder Law participated in the November 9, 2014 Walk to End Alzheimer’s event at Citizens Bank Park.  The team, comprised of staff and family members, showed their support by walking and raising funds for Alzheimer’s disease.

The Alzheimer’s Association Walk to End Alzheimer’s® is the world’s largest event to raise awareness and funds for Alzheimer’s care, support and research. Held annually in more than 600 communities nationwide, this inspiring event calls on participants of all ages and abilities to reclaim the future for millions.  Alzheimer’s disease is the nation’s sixth-leading cause of death.

A New Online Presence For Gummer Elder Law

Gummer Elder Law is proud to announce the unveiling of its Elder Law Attorney: Gummer  Elder Lawnew website design with many new technology and aesthetic improvements.

The simple and clean site design is user friendly, offering enhanced functionality that will help clients and potential clients easily find the information they need.

Updating the website is a part of the firm’s commitment to continuously meet the needs of of our clients as they navigate the complex requirements necessary to plan for their future. This dedication, combined with our professionalism, is why E. Garrett Gummer, III is one of Pennsylvania’s “Super Lawyers” for 2011.

The website was designed and built by the web design, marketing, and hosting firm, IQnection, of Doylestown, PA.

The compassionate, caring and experienced attorneys of Gummer Elder Law specialize in helping seniors and their family members in the preparation of Wills, Powers of Attorney, Living Wills, and Trusts.

Gummer Elder Law has convenient offices in Feasterville and Doylestown, Bucks County, PA.