New Advance Directive Law

Posted by Law Office of Glenn A. Deig on  January 25, 2022 
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The Indiana legislature recently passed new laws that change the landscape of a patient’s ability to state their instructions, wishes, and preferences regarding their healthcare, and who has right to their healthcare information.  The patient still retains their sole right to make their healthcare decisions if they are competent to do so.  The new Advance Directive form consolidates what was previously included in individual documents such as Power of Attorney for Healthcare, Living Will, Life-Prolonging 

The Caregiving Crisis

Posted by Law Office of Glenn A. Deig on  December 25, 2021 
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I routinely have family members including spouses or concerned friends who come to us—usually regarding family or friends with declining cognitive abilities with different levels of diagnosis of dementia/Alzheimer’s disease. Other times they come for a traumatic health event such as a vehicular accident or fall, or a sudden health event such as a debilitating stroke which renders a client or loved one incapacitated. Many times, it is physical only; other times mental deficits, or 

Medicaid Myth: Divorce to get Medicaid?

Posted by Law Office of Glenn A. Deig on  November 25, 2021 
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Frequently I have married clients who come to me who have been married for decades and one spouse is declining due to dementia or other physical and/or mental issues. That ill spouse needs care at home, assisted living, or even a nursing home and do not have long-term coverage or other coverage options to pay. Many times, the first question is: do you recommend a divorce? Almost always the answer is no, and it is 

Avoiding family fights over “stuff”

Posted by Law Office of Glenn A. Deig on  October 25, 2021 
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When I meet with clients to discuss estate planning, one of the issues I bring up is the disposition of tangible personal property as part of their estate planning.   I will call this people’s “stuff.”  Examples of tangible personal property (“stuff”) are things you can touch, such as household effects, jewelry, tools, coins, and furniture.   These items may have more of sentimental value and can be difficult to assess a monetary value in many cases. Indiana 

Gifting Impact on Medicaid Eligibility

Posted by Law Office of Glenn A. Deig on  September 25, 2021 
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Gifts are assets that are fully, or partially (typically real estate) transferred out of your name into someone else’s name. Clients come to me and explain that they want to give their assets away, either by putting into someone else’s name, or into an irrevocable trust, to protect their assets from potential nursing home care expenses. Any gift is scrutinized and considered if Medicaid becomes an issue within 5 years including large expenditures, and even for