2005 Spring, 4. Introduction.

Author:Bar Journal Author - Attorneys Daniel C. Garvey and John-Mark Turner
 
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New Hampshire Bar Journal

2005.

2005 Spring, 4.

Introduction

New Hampshire Bar Journal Volume 46, No. 1, Pg. 4 Spring 2005 Introduction Bar Journal Author - Attorneys Daniel C. Garvey and John-Mark Turner

While this issue of the New Hampshire Bar Journal presents developments covering numerous areas of the law, the major focus of this edition is on Elder Law. The editors would like to thank the New Hampshire Bar Association's Elder Law, Estate Planning and Probate Law Section for encouraging its members to write and publish in this important legal area. Because of the interest and effort of the New Hampshire Bar Association Elder Law Section, the issue begins with three articles on Elder Law.

Elder Law. The first article is by Ann Butenhof and examines Medicaid eligibility and asset protection for elderly nursing home patients. The article examines the income and resource eligibility rules to qualify for Medicaid as well as resource allocation between spouses. After discussing these income and asset rules, attorney Butenhof then analyzes various methods for turning "countable assets" into non-countable assets in order to qualify for Medicaid coverage. Finally, the author discusses Medicaid liens and recovery.

Our second elder law article is written by Jan Myskowski and examine special needs trusts under the Uniform Trust Code, which was recently enacted in New Hampshire. Attorney Myskowski begins by explaining the three common types of special needs trusts: self-settled, pooled and third party trusts. Attorney Myskowski then describes how special needs trusts help beneficiaries qualify for public assistance programs such as SSI and Medicaid. The article concludes with practical drafting considerations for New Hampshire attorneys and examines the tax implications of these special needs trusts.

The third elder law article reminds New Hampshire attorney of the ethical pitfalls associated with representing elderly clients. Attorney Nelson Raust considers the basic issue of identifying the client and then discusses the proper method for handling clients that have diminished capacity. Finally Attorney Raust provides a valuable reminder about keeping client communications confidential - a difficult task when the entire family is typically involved in estate planning for elderly parents.

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