Elder Law Attorneys
4828 Lincoln Ave. • Evansville, Indiana, 47715 • Phone: (812) 476-2762
101 S. Hull St. • Ft. Branch, Indiana 47648 • By Appointment Only

SC&C Blog

What is the 5-Year Look Back for Medicaid Planning?


The "5-year look back" period is a crucial aspect of Medicaid planning, particularly concerning eligibility for Medicaid-funded long-term care services. Here’s a breakdown of what it entails:

Definition: The 5-year look back period refers to the time frame that Medicaid examines an applicant's financial transactions to determine if any assets were transferred for less than fair market value (i.e., gifted or transferred) in order to qualify for Medicaid benefits. The purpose is to prevent individuals from transferring assets to others to meet Medicaid's asset eligibility requirements.

Duration: For 2024, the look back period is 5 years. This means Medicaid can review all financial transactions, including gifts and...

New Affordable Spoon Available For Parkinson's


Local Hoosiers have developed an affordable new spoon to assist those with Parkinson's to eat foods that were no longer an option.  Click Here to read how this invention can improve the quality of life for your loved one.  

Medicaid Estate Recovery

"To qualify for Medicaid coverage of long-term care, you must satisfy very complicated financial eligibility rules—rules that often can be traps for the unwary. One of the most significant traps is Medicaid's right to recover its expenses from your estate after you die – a practice known as "estate recovery." Please see below for additional information. Medicaid Estate Recovery


What to Do and Not Do with Your Estate Planning Documents

What to Do and Not Do with Your Estate Planning Documents

Last modified: 1 day ago | 4/15/2020

Creating and executing estate planning documents is just the first step. Once you have completed the documents, you need to know what to do with them. 

All estate plans should include, at minimum, two important planning instruments: a durable power of attorney and a will. A trust can also be useful to avoid probate and to manage your estate both during your life and after you are gone. In addition, medical directives allow you to appoint someone to make medical decisions on your behalf. Once you have all these essential estate planning documents, you need to make sure they are stored properly and get to the right people...

Corona Update


Staying Connected to Family Members in a Nursing Home When Visits are Banned

Staying Connected to Family Members in a Nursing Home When Visits are Banned

Last modified: 2 hours ago | 3/24/2020

The spread of the coronavirus to nursing home residents has caused the federal government to direct nursing homes to restrict visitor access. While the move helps the residents stay healthy, it can also lead to social isolation and depression. Families are having to find new ways to stay in touch.  

Nursing homes have been hit hard by the coronavirus. The Life Care Center of Kirkland, Washington near Seattle was one of the first clusters of coronavirus in the United States and is one of the deadliest, with at least 35 deaths associated with the facility. In response, the Centers for Medicare and Medicaid...

Corona Update


Dear clients,

We understand that this virus has brought unpredictable days and stress to many. However, please know that attorneys are considered an essential business and we will be open to serve your needs.

We are taking precautions to sanitize our office and have hand sanitizer ready. You are welcome to come to the office or meetings can be held telephonically or on the app/program of your choice, such as FaceTime or Zoom.

We do ask that if you are feeling unwell that you please reschedule your appointment at least two weeks out to ensure that we do not spread illness to our children or other clients.

Lastly, if you are struggling with basic necessities such as food, water, or personal hygiene items,...

20 under 40 2019


Congrats to Attorney Lindsay Blessinger Charles for being included in the 2019 Courier and Press and Evansville Business Journal 20 under 40 class!

2019 20 under 40

Dementia Red Flags?


This Washington Post piece addresses some of the initial red flags that can be indicators of early dementia signs.  Dementia Red Flags

Useful new Medicare Phone App, What's Covered


Medicare has released a new phone app called "What's Covered" to make it easier for Medicare beneficiaries or caregivers to determine whether a service or medical item will be covered.   The phone app is free and you can find additional information about downloading the app at this link What's Covered App.

A phone game that can detect Alzheimer's?


Have you heard about the phone game, Sea Hero Quest? Research from the University of East Anglia claims that this "specially designed mobile phone game can detect people at risk of Alzheimer's."  For more about this game, please click here Sea Hero Quest and Alzheimer's?

Senior Scams and Dementia?


Does this sound familiar to you? 

"Does an older friend or relative have a hard time hanging up on telemarketers? Or get excited about a "You've won a prize" voicemail? New research suggests seniors who aren't on guard against scams also might be at risk for eventually developing Alzheimer's disease. "  See more from this New York Times piece here:  Senior Scams and Dementia?

Do I Need A Miller Trust?


One question that we are frequently asked is, "What is a Miller Trust and do I need one?"  This article was written by Attorney Lindsay Blessinger Charles and it ran in the Evansville Courier and Press in 2018.  Check out the article to learn more about Miller Trusts.

In 2014, the State of Indiana adopted the Social Security Administration income guidelines with respect to income levels and qualification for Medicaid services for nursing home and waiver recipients. 

For 2019, individuals who reside in nursing homes and receive $2,313.00 or more per month in gross income must establish a Miller Trust in order to be eligible for Medicaid.   

A Miller Trust can be established by the nursing home resident/waiver...

Americans Entering Retirement with No Savings


A recently authored article from Bloomberg, provided below, shows that many Americans are entering retirement with little to no savings set aside.  What happens when these individuals need long term care for their declining health?  An elder law attorney can help answer these questions and help preserve assets for those who have saved and need nursing home care.

Americans Entering Retirement with No Savings

Loss of Community Spousal Protections Looming?


Justice on Aging released the following update today:

"There are numerous federal Medicaid programs and policies that improve access to home and community based services (HCBS) and encourage states to fund and expand HCBS and decrease Medicaid’s bias towards institutional care.

Medicaid’s “spousal impoverishment protections” make it possible for an individual who needs a nursing home level of care to qualify for Medicaid and receive long-term services and supports, while allowing their married spouse to retain a modest amount of income and resources to pay for rent, food, and medication. Congress extended this protection to eligibility for HCBS in all states beginning in 2014, providing married couples the same financial...

Nursing Home Care Survey


Care.com interviewed 978 individuals with a loved one in the nursing home.  The study asked participants about their loved one's care needs, frequency of visits to the nursing home, who made the decision to enter the nursing home, length of stay, satisfaction of care needs, and various additional topics.

Here is a link to the interesting survey results.  Nursing Homes in America Survey  

New Social Security Scams


Scammers never stop trying to find ways to defraud the vulnerable.  During 2018, the FTC reported that they heard from approximately 35,000 Americans who were contacted by potential scammers and over $10 million dollars were lost to the scams during 2018.  Further, the FTC released an actual audio recording of a message left by a scammer.  Check out the below provided link to hear this message. 

What does a Social Security Scam sound like? Click here to find out...

Guardianship - A Ward's Perspective


The following is an article that was published in the New York Times and it shares the guardianship perspective of a woman fighting to have her rights restored after a guardian was appointed on her behalf. It is an interesting and worthy read.

Guardianship - A Ward's Perspective  

Guns and Dementia


What options are available? 

"Some patients refuse to answer. Many doctors don’t ask. Family members worry about offending a suffering loved one. As the number of Americans with dementia rises, health professionals are grappling with when and how to pose the question: “Do you have guns at home?”

Guns and Dementia

VA Aid and Attendance Changes


If you haven't heard, the VA finally implemented the long awaited changes to the Aid and Attendance benefits available to veterans who served during active wartime, were honorably discharged, and who require assistance with two activities of daily living, and/or their surviving spouse.  As a brief overview, beginning October 18, 2018, there is now a three year look back period for all transfers and gifts and asset limits will now be imposed.  Take a look at the article attached for a good summary of the changes.  

VA Aid and Attendance Changes