Articles | Elder Law Practice of Monica Franklin, CELA

Busting Myths about Veteran's Benefits and Medicaid

Beginning August 2009, Monica Franklin will write a quarterly column for the Tennessee Bar Journal. (www.tba.org) The column, "Senior Moments," will be written for Tennessee attorneys on various legal issues affecting older adults. The first article is "Busting Myths about VA and Medicaid Benefits... Click here to read full article.

Securing Mama's Home

In Tennessee, keeping property in the family is more complex than you might think.Click here to read full article.
This article was written by Monica Franklin, and included in the February 2006 issue of the Tennessee Bar Journal.

Excerpt:
Have you heard a panicked caller say: "Momma's going into the nursing home tomorrow, would you draft a deed transferring the home to me?" What should you do? Is there anything you can do for this family? Have they waited too late? Should this have been done three or five years ago? Is there any malpractice exposure for making this transfer?

Deficit Reduction Act

How the Deficit Reduction Act of 2005 Affects Medicaid Recipients. Click here to read full article.
On Feb. 8, President Bush signed the Deficit Reduction Act of 2005 (DRA). This law contains several important changes to Medicaid rules, which may trap the unwary lawyer and client.
This article was written by Monica Franklin, and included in the May 2006 issue of the Tennessee Bar Journal.

Excerpt:
On Feb. 8, President Bush signed the Deficit Reduction Act of 2005 (DRA).(1) This law contains several important changes to Medicaid rules, which may trap the unwary lawyer and client. For example, assume that John Fifty-Something gives $12,000 to each of his four grown children in 2006. John then suffers a stroke and for three years he pays for care at home and an assisted living facility. He then needs nursing home care. Mr Fifty-Something has spent all of his money on his care, yet when he applies for Medicaid, he learns that he will not qualify for more than a year.