K. Gabriel Heiser
Attorney, author, Medicaid asset protection planning
Antioch, Tennnessee
K. Gabriel Heiser, J.D., has focused exclusively on estate planning and Medicaid eligibility planning, including trusts, estates, gifts, and related tax issues, since graduating from Boston University School of Law in 1983.
He also practiced in Massachusetts, where he was Chairman of the Estate Planning Committee of the Massachusetts Bar Association, and in Tennessee, where he was the founder and first Chairman of the Nashville Bar Association’s Estate Planning Committee and where he served as President of the Middle Tennessee Planned Giving Council (1997).
Although recently retired from the active practice of law, during his 25-year career he was a long-time member of the National Academy of Elder Law Attorneys (NAELA), an ACTEC Fellow—the highest designation for trust and estate attorneys in the U.S.—and is AV rated by Martindale-Hubbell®, the country’s preeminent lawyer rating service.
Attorney Heiser has been a frequent seminar leader and participant in the areas of estate and gift tax, charitable gifts and trusts, Medicaid eligibility planning, and sophisticated estate planning. He taught as a member of the Adjunct Faculty of the College for Financial Planning at David Lipscomb University, as an instructor in Estate Planning Law (1996-1998), and has been certified as an Estate Planning Law Specialist by The Estate Law Specialist Board, Inc., the only American Bar Association-accredited program for certification of an attorney as an estate planning specialist.
Fellow, American College of Trust and Estate Counsel (ACTEC): Being elected to ACTEC is one of the highest honors an estate planning attorney can receive. ACTEC is a non-profit association composed of more than 2,600 of the most accomplished estate planning practitioners in the United States and Canada. To qualify for membership, a lawyer must have at least 10 years of experience in the active practice of probate and trust law or estate planning.
Lawyers and law professors are elected to be fellows by the other members, based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching and participating in bar activities.
In addition to numerous articles he has written for professional journals, Heiser is the author of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, an annually updated 275-page consumer guide to Medicaid asset protection, available at www.MedicaidSecrets.com.
My Expert Answers
My mother is my elderly father's caregiver, but she fell ill and can no longer provide care. Should we get guardianship to place him in a facility or move him into our home until she gets better?
K. Gabriel Heiser answered:
If your mother is no longer able to provide care for your father and he is not competent to sign a durable power of attorney, petition the court to appoint a legal guardian and conservator.
Full Answer...
I am Power of Attorney for my demented and abusive elderly parents. Can I turn it over to one of my siblings?
K. Gabriel Heiser answered:
You can only pass a POA of an elderly parent to a sibling, if there is an authority in the Power of Attorney for the agent (the person given powers under a POA) to delegate powers to another person.
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My elderly aunt, with a schizophrenic son, has no legal documents in place (will, POA, etc). As her caregiver, how can I convince her that she needs to get her affairs in order – now?
K. Gabriel Heiser answered:
Many people, like your elderly aunt, are afraid to deal with wills, powers of attorney, etc. because they think it makes it more likely that something bad will happen to them.
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If my mother is caring for my father and they are divorced, is she still eligible for compensation through his Veterans benefits?
K. Gabriel Heiser answered:
The law states that a court can give a percentage of the vet's pension to a former spouse.
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My mother has Alzheimer's and her Long Term Health Care benefits have run out. Can they kick her out of the Assisted Living facility she lives in?
K. Gabriel Heiser answered:
A nursing home or assisted living can evict an elderly parent who doesn't pay.
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Are adult children responsible for the medical bills of their parents?
K. Gabriel Heiser answered:
Do caregivers have to pay for their elderly mom and dad's medical bills?
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My mother is worried about spending all her money on long-term care and not being able to leave an inheritance to her children. Is there any way to "hide" money from Medicaid?
K. Gabriel Heiser answered:
Hiding assets by not reporting them to Medicaid is illegal and considered fraud against the state, with both civil and criminal penalties.
Full Answer...
My 81-year-old father is in the advanced stages of Alzheimer’s and needs to be moved to a nursing home. Will Medicaid pay?
K. Gabriel Heiser answered:
Medicare will only pay for 100 days in a nursing home, even if the elder has Alzheimer's disease. Medicaid does not have a time limit.
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How can I protect my family’s assets, but not disqualify my elderly mother from Medicaid benefits?
K. Gabriel Heiser answered:
Caregivers often want to know how to protect family assets, but ensure their elderly parents still qualify for public assistance benefts such as Medicaid.
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