Joseph L. Matthews

Caring.com Senior Editor

About

Joseph L. Matthews has been an attorney in the San Francisco Bay Area since 1971. From 1975 to 1977 he taught at the School of Law at the University of California, Berkeley. He is the author of numerous books, including Social Security, Medicare, and Government Pensions; Long-Term Care: How to Plan and Pay for It; How to Win Your Personal Injury Claim; and The Lawyer Who Blew up His Desk. The original coauthor of Joseph's book on Social Security and Medicare was his mother, Dorothy, who had worked at senior centers for 25 years. Joseph then assisted her with her own care during the later years of her life, arranging her legal and financial documents and helping her move to home care and assisted living as her needs changed.

Recently Published on Caring.com

  1. Thursday February 02, 2012

    1. Can I or my nephew become power of attorney over my brother even if he is married and his wife is planning on leaving him?

      Answer - Any competent adult can be appointed power of attorney by another competent adult, even if the person making the appointment is married. Although your brother's situation is an extreme one, it's not uncommon for a person to appoint someone other than his or her spouse as his "attorney-in-fact," which...

    2. Will weekly checks written to home aide be questioned by nursing home for eligilibty for Medicaid?

      Answer - The matter of not paying taxes -- filling out the forms for a household employee, withholding the taxes and paying the taxes to the state and federal government -- is not usually anything that Medicaid would concern itself with. When deciding whether your mother will be eligible for Medicaid coverage...

    3. Can Medicaid take my property when I pass away?

      Answer - If someone owns a home but Medicaid (called Medi-Cal in California) pays for that homeowner's long-term care -- in a nursing facility, assisted living facility, or through a community-based program -- after the person reaches age 55, then Medicaid has a right to be repaid that money out of the value...

    4. Is a bank liable for releasing funds in violation of instructions from a valid power of attorney?

      Answer - Violation by a bank of proper instructions from a lawfully appointed Power of Attorney may very well leave the bank liable for any losses caused by its actions. In this case, once the bank was properly notified by the husband that his wife had become legally incompetent to make bank transactions, the...

  2. Monday December 05, 2011

    1. Will my wife need to pay monthly medicare part A charges after I die?

      Answer - Medicare Part A (inpatient care) is available with no monthly premium to anyone age 65 or over who qualifies for Social Security retirement benefits OR whose spouse qualifies for Social Security retirement benefits. Because your work with the military earned you work credits with Social Security, you...

  3. Saturday December 03, 2011

    1. Can I get paid to be a caregiver in Mississippi?

      Answer - Mississippi has a special Medicaid-related program -- called the Elderly and Disabled Waiver Program[ms.gov] -- operated by the state's Bureau of Long term Care, that can help low-income elders who want to remain living at home instead of in a nursing facility...

  4. Friday December 02, 2011

    1. How much money can my 62 year old mom make without losing her Medicaid and Social Security benefits?

      Answer - There is a two-part answer -- one part for Social Security, a different part for Medicaid -- to your question about how much your mother can earn without losing her benefits. Let's take them one at a time.

  5. Thursday December 01, 2011

    1. If I am shy of quarters necessary to have my own Medicare and fall under my husband's, will I have to pay this new Part A charge?

      Answer - If you are age 65 and EITHER YOU OR YOUR SPOUSE is eligible for Social Security retirement benefits, you are also eligible to enroll in Medicare Part A (inpatient coverage) without paying any monthly premium. People who do not have enough work credits on their own OR their spouse's work record to qualify...

  6. Tuesday November 29, 2011

    1. FAQ: What Are the Changes to Medicare Part A and Part B Costs for 2012?

      Answer - Every year on January 1, Medicare makes changes to the premiums it requires participants to pay for their coverage, and for the deductibles and coinsurance amounts an enrollee has to pay out of pocket when using Medicare Part A and Medicare Part B coverage. Here are the changes for 2012.

  7. Thursday November 17, 2011

    1. A Caregiver's Guide to Home Health Agencies

      Article - Home health agencies provide short-term medical care at home. More about home health agencies, what they do, what they cost, and where to find them.

  8. Monday November 07, 2011

    1. Will my mother's estate be charged for bills that have already been paid by Medicare and Medicaid after she dies?

      Answer - Neither Medicare nor Medicaid seeks reimbursement for medical bills. As long as your mother does not receive long-term care from Medicaid, such as in a nursing home, her estate will not owe either program money it spent for her medical bills.

  9. Friday November 04, 2011

    1. Do a husband and wife both receiving Medicare pay seperate premiums?

      Answer - Yes, each spouse in a married couple must pay his or her own monthly premium for Medicare Part B. In 2012, that monthly premium will be $99.90. If you happen to have joint net income of more than $170,000 per year (based on your 2010 tax returns), you'll each pay a higher monthly premium, between $139...

  10. Wednesday November 02, 2011

    1. Who should I speak with if I'm entitled to a refund through Medicare?

      Answer - Many people who have low income and few assets can qualify for assistance with their Medicare-related out-of-pocket costs, including the Medicare Part B premium. Some people also have their Medicare Part A and Part B deductibles and coinsurance amounts paid, too. These programs are called the Medicare Savings Programs[medicare...

  11. Tuesday November 01, 2011

    1. Will Medicare cover hospitalization after oral surgery?

      Answer - As you realize from what you say in your question, Medicare does not normally cover oral surgery unless it involves bones, the jaw, or facial nerves rather than simply teeth, and is the kind of procedure than an MD (medical doctor) would perform, rather than a dentist or non-physician oral surgeon...

    2. How can my sister convince Medicare that my father willingly gave her money for his care?

      Answer - You and your family should rest easy -- neither your sister nor your father is in any legal trouble. The worst that could happen -- and it probably won't happen -- would be that if your father qualifies for Medicaid coverage of his nursing home bills, that coverage might be delayed for one or two months because of the money he spent on your sister...

  12. Wednesday October 26, 2011

    1. Will getting a guardianship protect my aunt legally?

      Answer - In many cases, obtaining a guardianship or conservatorship can give you greater and clearer control over all decisions than a power of attorney does. There are several reasons for this. First, a power of attorney may be limited, either to financial decisions, or to personal decisions, or to health care decisions...

  13. Thursday October 20, 2011

    1. Is a curatrix the same thing as a guardian or conservator?

      Answer - Curatrix is the female version of the term curator, which in legal language means the same thing as guardian or conservator. A curator/curatrix may have responsibility and authority over decisions regarding a person, a person's property, or both...

  14. Monday October 03, 2011

    1. Can a nursing home take money that was gifted to someone with in 5 years of the gift?

      Answer - The question of how Medicaid treats gifts when considering nursing home coverage comes up for a lot of people, and is not always simple to answer. The basic rule is that, when considering nursing home coverage, Medicaid "looks back" to all substantial financial transactions that the applicant has engaged in over the previous five years...

    2. If a CD has my name and social security number, and my mother's name, will Medicaid consider the CD hers?

      Answer - When Medicaid decides whether an applicant is eligible for benefits, it looks at all the applicant's assets to determine whether those assets are under the state Medicaid program's limits. In your mother's case, the question is whether some or all of the value of the CD will be counted as her asset...

    3. Will Medicare suggest places I can get massage therepy from which they will cover?

      Answer - Unfortunately, Medicare does not cover massage therapy, regardless of how effective it is in relieving pain. There are many things that people find valuable in relieving pain -- including aspirin and other over-the counter medicines, acupuncture and acupressure, sauna and steam baths -- that Medicare will not cover at all...

    4. Since Medicare only picks up 55% of my care costs, will my AARP policy cover the remaining amount?

      Answer - Your Medicare supplemental policy with AARP is commonly called a Medigap policy. All Medigap policies are coordinated with Medicare benefits and are intended to pay some -- but not all -- of the health care expenses that Medicare doesn't pay...

  15. Monday September 26, 2011

    1. Does Medicaid pay for bariatric surgery?

      Answer - Each state runs its own Medicaid program, with separate rules and procedures, under the umbrella of a national Medicaid program. In general, Medicaid programs cover bariatric surgeries for some patients under circumstances that are very close to the rules set up by Medicare for its coverage of these surgeries...

  16. Monday September 12, 2011

    1. Can we sell my aunt's home and give the money to Medicaid when she passes?

      Answer - Sounds like selling the house and getting out from under its maintenance costs may be a good idea. Selling would get you out from under the obligation to maintain the house, and get your aunt out from under the obligation to pay for repairs, maintenance, property taxes, etc.

  17. Sunday September 11, 2011

    1. How will being in charge of my mother's assets and care affect Medicaid when she goes on it?

      Answer - Whether your mother's transfer of the house to you affects her Medicaid eligibility may depend on which Medicaid program she applies for. But probably it would not affect her in any way.

  18. Saturday September 10, 2011

    1. Can I get paid to be a caregiver through Medicare and Social Security?

      Answer - Neither Medicare nor Social Security has any program to pay a family caregiver for long-term daily care. However, in some states there are programs that can pay family caregivers to care for their loved one at home. There are several restrictions on eligibility for these programs, however...