Blog Posts in April, 2016

  • Medicaid Planning for Long-Term Care - Part 3 - Giving Away Money

    Posted By Jorgensen, Brownell & Pepin, P.C.

    22 Apr. 2016

    Making gifts to qualify for Medicaid: for some this option can be controversial but for many it is a viable option. The important thing to remember is that the Medicaid rules allow for some gifting. But the rules are not easy. The “Look Back” Period and the Penalty Period Medicaid obviously does not want a person to give away all of their money and possessions and then qualify for ...
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  • What are Easements?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    18 Apr. 2016

    Easements are a non-possessory right to use the land of another for a specific purpose. Easements do not give you a right to own the land, but simply to use the land for a specific purpose. The person or entity using the easement is the dominant estate, and the person or entity allowing the easement is the servient estate. Unless the easement is specifically limited, it is presumed that it will ...
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  • Legal and Ethical Considerations of Hidden Tape Recorders

    Posted By Jorgensen, Brownell & Pepin, P.C.

    8 Apr. 2016

    In Colorado, eavesdropping is a criminal offense. C.R.S. 18-9-304 states: So, what does this really mean? It means that if you are visibly present and are a principal party to a conversation or discussion, it is legal for you to record a conversation without anyone else’s knowledge that you are making the recording. Under those circumstances, hiding a tape recorder or making an audio ...
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  • Information on Completing Financial Disclosures

    Posted By Jorgensen, Brownell & Pepin, P.C.

    7 Apr. 2016

    Once a dissolution of marriage action has been filed, one of the first items due to the court is a Sworn Financial Statement (SFS) along with a number of financial disclosures that need to be provided to the other party. You may not want to give anything to the other side now and you may think they should already have the information. However, this is a requirement and it is essential that the SFS ...
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  • Medicaid Planning for Long-Term Care - Part 2 - Protecting the Spouse

    Posted By Jorgensen, Brownell & Pepin, P.C.

    1 Apr. 2016

    It is rare for both spouses to need long-term care. Typically, one spouse enters a long-term care facility while the other continues to live at home. In Medicaid terms, the spouse who enters a long-term care facility is called the “institutionalized spouse” while the spouse who remains at home is called the “community spouse.” The primary concern for the community spouse is ...
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  • Respondeat Superior and the Scope of Employment

    Posted By Jorgensen, Brownell & Pepin, P.C.

    1 Apr. 2016

    Respondeat superior under the law means that an employer is liable for harm done by its employees. The theory behind respondeat superior is that employers have control over the actions of their employees and receive a benefit from actions done by their employees in the course and scope of employment. Employers are therefore also responsible for any harm done by their employees who are acting ...
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