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From Our Elder Law Attorney

All Articles Estate Planning Estate & Trust Administration Medicaid Planning Medicaid Estate Recovery Power of Attorney Ultimate Guides

How to Avoid Medicaid Estate Recovery in Pennsylvania

By Robert C. Gerhard, III

In many cases the Medicaid Estate Recovery payback can be avoided, legally. We recommend that you do not undertake any of these planning strategies without first contacting our office to …

Pennsylvania Power of Attorney Documents Must Meet Certain Requirements

By Robert C. Gerhard, III

Pennsylvania law sets forth certain requirements for a power of attorney to be valid. Here are some basics: Notice Page A power of attorney signed on or after April 12, …

Online Power of Attorney Documents; Buyer Beware!

By Robert C. Gerhard, III

Some online power of attorney documents may not comply with current Pennsylvania law and therefore may not work when your designated agent tries to use it. If your power of …

Looking Back, A Thank You to The Montgomery Bar Association’s Elder Law Committee

By Robert C. Gerhard, III

Looking back, I owe a debt of gratitude to the Montgomery Bar Association for helping me get my start over 20 years ago in the specialized field of elder law. …

Statute of Limitations for Medicaid Estate Recovery; “Time Does Not Run Against the King”

By Robert C. Gerhard, III

Is there a statute of limitations in estate recovery matters? How long does the Commonwealth of Pennsylvania’s Department of Human Services have to enforce its right to the Medicaid payback …

Should My Income be Paid Directly to the Nursing Home?

By Robert C. Gerhard, III

A nursing home resident will need to pay some or most income to the facility once Medicaid benefits have been approved. The nursing home may provide you with paperwork upon …

Exceptions to the Medicaid Requirement to Pay Income to the Nursing Home

By Robert C. Gerhard, III

An individual in a nursing home who qualifies for Medical Assistance (Medicaid) long-term care benefits will normally have to pay their income to the nursing facility, but exceptions apply to …

How Does Pennsylvania Treat Joint Bank Accounts for Medicaid Eligibility?

By Robert C. Gerhard, III

There are various pitfalls of parents and children owning bank accounts jointly, especially when it comes to applying for Medicaid long-term care benefits.

Super Lawyers 2021 Top 100; Robert C. Gerhard Makes the List!

By Robert C. Gerhard, III

I bumped into a friend and fellow attorney, Katherine, at the Jersey shore in late July and to my surprise she congratulated me for making the 2021 Pennsylvania Super Lawyers …