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AdobeStock_383457688-300x200March is Brain Injury Awareness Month, and according to the Brain Injury Alliance, there are currently over 5 million Americans living with brain injuries, a number that increases by about 5,000 injuries per day.

So for us, it’s a perfect time to raise awareness of the impact that brain injuries can have on individuals and families.

An acquired brain injury (ABI) or traumatic brain injury (TBI) can drastically change the lives of not only the individual with the injury, but also their loved ones. And when the person with the injury is a minor child, the whole family faces unexpected challenges and uncertainty. 

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AdobeStock_255174366-300x134Death planning is a very personal topic, and one which most people find discomfiting. It’s hard enough to consider your own mortality as an abstract concept. It’s even harder to think in very specific—even graphic—terms about what will happen to your remains after you’ve shuffled off this mortal coil.

A growing number of people are seeking alternatives to the traditional burial, which typically involves embalming, concrete vaults, and other processes and products that are not friendly to the environment. An article in Scientific American put some astonishing numbers to the resource costs of this type of burial:

According to National Geographic, American funerals are responsible each year for the felling of 30 million board feet of casket wood (some of which comes from tropical hardwoods), 90,000 tons of steel, 1.6 million tons of concrete for burial vaults, and 800,000 gallons of embalming fluid. Even cremation is an environmental horror story, with the incineration process emitting many a noxious substance, including dioxin, hydrochloric acid, sulfur dioxide, and climate-changing carbon dioxide.

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caution-cropped-300x291On March 31st, a change to Medicaid eligibility that was brought about by the onset of COVID-19, is scheduled to come to an end.

A federal policy that had allowed states to temporarily suspend redetermination – the process by which renewal of Medicaid benefits for recipients is reconfirmed – will stop.

Further, the Medicaid continuous coverage requirement will no longer be contingent to the end date of the COVID public health emergency.

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AdobeStock_37660525-300x269A special needs trust (also referred to as a supplemental needs trust) enables assets to be left to a disabled or chronically ill individual without disqualifying them from certain public benefits such as Medicaid.

For the special needs planning community, the passage of the SECURE Act 2.0 offers the advantage of enabling certain types of charitable organizations to now be named as remainder beneficiaries of SNTs funded with retirement accounts, but without compromising the favorable “stretch” payout timeframe available to individuals with disabilities who are the primary beneficiaries.

This is a huge win for families who had previously sought to name a beloved non-profit as a remainder beneficiary in a special needs trust only to be told that it wasn’t possible to do so.

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AdobeStock_376470709-300x205It seems like everyone has a podcast these days. From famous actors to world renowned chefs to journalists from every possible outlet to your neighbor from down the street, people from all walks of life have taken up their digital microphones and started broadcasting. 

The best podcasts feel like sitting down for a cup of coffee with one or more friends who tell fascinating stories, make you laugh, teach you new things, or are just good company. 

The problem is, there are so many options to choose from that it can feel overwhelming! 

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Dollarphotoclub_86843572-300x200Transfers of assets generally raise a red flag when it comes to applying for Medicaid. They can trigger a penalty period, or a period of ineligibility.

The good news is the Connecticut Department of Social Services (DSS) will allow certain types of Medicaid asset transfers. For example, a family caregiver can be compensated for providing care to a loved one if the care they provide is necessary.

The rationale is this: DSS recognizes that when family members pitch in and provide needed care for a loved one, they are helping that person delay or avoid placement in a nursing home.

Making a caregiver agreement

Although your loved one can’t just give away his or her money to qualify for Medicaid, he or she can pay a family member who is providing care without jeopardizing eligibility for Medicaid. An individual must demonstrate a functional need for assistance with one or more activities of daily living. The type of care provided must be spelled out in a caregiver agreement, and certain conditions must be met. Continue reading

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Dollarphotoclub_69690745-300x212In 2023, Americans with disabilities will receive a significant raise in their Supplemental Security Income (SSI) and in other Social Security benefits.

According to the Social Security Administration, monthly SSI payments are going up 8.7% – an average increase of more than $140 per month beginning this January.

This cost-of-living adjustment (COLA) increase will begin with benefits payable to more than 65 million Social Security beneficiaries in January 2023 and began on December 30, 2022 with increased payments to more than 7 million SSI beneficiaries. (Note: some people receive both Social Security and SSI benefits).

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headshots2-300x138We are pleased to announce once again our attorneys have been named to the Connecticut Super Lawyers list for 2022!

Attorneys Brendan Daly and Carmine Perri were among the recipients of this recognition in the Elder Law practice area, and Attorney Andrew Veale was named a “Rising Star” in recognition of his work in the Estate and Trust Litigation practice area.

As a firm, we take pride delivering top-notch client service to Connecticut residents and have done so for over 20 years.  We are delighted to work with such a strong team of attorneys who have been recognized by New England Super Lawyers Magazine, year after year over the past decade.

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ToniDanceGroup-scaled-e1670956862440-300x265There are very few of us who do not have or know an acquaintance, friend, relative, or loved one who has not, in some way, been touched by Alzheimer’s Disease.

In fact, according to the Alzheimer’s Association’s Connecticut Chapter, there are currently:

  • 80,000 people living with Alzheimer’s disease in Connecticut, and;
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AdobeStock_502074078-300x169Giving gifts is a nice thing to do for a friend or family member, but, as the saying goes, “no good deed goes unpunished” – at least when it comes to the IRS.

The federal government imposes a gift tax that is currently 40%. And if you live in Connecticut, your gift may also be subject to the one-and-only state-level gift tax in the country. Lucky you.

The good news is that because of the annual and lifetime gifting exemptions as well as several categories of gifts that are not subject to the gift tax at all, the majority of Americans will rarely (if ever) have to pay a gift tax. 

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Berlin, CT 06037
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Simsbury, CT 06089
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