Attorney David Banas Featured in Cleveland Jewish News

Attorney David S. BanasAttorney David Banas was featured in the CJN article Planning for Disabled Dependents Key in Estate Plan where he discusses how the planning process becomes even more vital to those who have a beneficiary with special needs.  “If something were to happen and mom and dad, who are the caregivers, there would be someone able to make decisions on their behalf with the ability to also go out and organize care for the disabled loved one,”

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Elder Law Talks Episode 3

Hickman & Lowder Co., L.P.A. is excited to continue our Elder Law Talks series. Our short videos are designed to help you expand your awareness, reduce your stress and redefine what is possible as you advocate for your loved one.

This week’s episode: Parents of an Adult Child with Disabilities – What Happens When You Need Care Yourself?


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Gathering the Documents Needed When Applying for Medicaid Can Be Overwhelming

When you become financially eligible for Medicaid, the next step is to apply and it’s generally a straightforward process.  You fill out an application with basic information about yourself and submit it to the county Job and Family Services (JFS) where you currently reside.

However, the next steps are crucial and can become overwhelming.

Be prepared to send JFS current financial statements of every account you and your spouse own, along with income verification from every source of income received by you and your spouse. Technically, JFS can require you to provide 60 months (five years) of statements because of the “five-year-look-back” period. This is because JFS will want to know whether you transferred or gifted any assets to someone else before applying for Medicaid.

In addition to all the financial records, JFS wants to ensure you are a citizen and verify what medical insurance you receive. These documents include, but are not limited to, State IDs, Social Security cards, Medicare cards, Medicare Supplement cards, birth certificates and marriage certificates.

Navigating this process can be mind-boggling and working with an experienced Elder Law Attorney can ensure financial eligibility and take the stress off of you when applying.  The attorney will tell you exactly what documents you will need and handle the application process with JFS, saving you the hassle of organizing what could be hundreds of pages of documents.

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Certified Elder Law Attorney (CELA)

Hickman & Lowder attorneys Janet L. Lowder and Elena A. Lidrbauch are certified Elder Law Attorneys (CELA) by the National Elder Law Foundation.

Elder Law is a legal specialty which has been formally recognized by a few states, including Ohio. To apply for certification, an attorney must have been practicing Elder Law at least five years. The attorney must have handled a certain minimum number of cases in the various practice areas that make up Elder Law, including health and personal care planning, premortem legal planning, fiduciary representation, legal capacity counseling, public benefits, special needs counseling, advice on insurance matters, resident rights advocacy, housing counseling, employment and retirement advice, litigation and administration advocacy, and must have completed 45 hours of continuing legal education in Elder Law in the three years preceding the application. The attorney must also take a one-day written exam and provide names of at least five references who are familiar with the attorney’s work in the area of Elder Law, at least three of whom must be Certified Elder Law Attorneys.

We’re proud to note that our colleagues above are two of only 29 CELAs in all of Ohio.

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