Idaho Law Blog

WILL MEDICARE PAY FOR SKILLED NURSING?

Published on: February 13, 2017 | by Racine Olson

Deciphering between the benefits provided by Medicare and Medicaid can be difficult. It is important to know the difference between Medicare and Medicaid when you or a loved one is seeking coverage of a stay in a long-term care facility (i.e., Assisted Living or Skilled Nursing Facility).

Medicare is a federal health insurance program available to individuals 65 years of age and older as well as individuals with certain disabilities or medical conditions who are younger than 65 years of age. Medicare does not always cover all medical expenses incurred by covered individuals; rather, individuals are required to pay a deductible as well as certain expenses not covered by Medicare.

How Employers Use a Job Application to Obtain the Information They Need

Published on: February 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

We all seen them and have likely filled several of them out during our working careers. I’m talking about job applications. Employers use job applications as a tool when hiring as a way of ensuring that they are weeding out potential problems and hiring the employee who will make the greatest contributions to the business. In working with employer clients I often discuss with them the 3 most important questions about using job applications in the hiring process.

1. SHOULD OUR BUSINESS USE A JOB APPLICATION?

3 Main Purposes of Probate in Idaho

Published on: February 13, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

Probate in Idaho is a relatively simple and straightforward process. We’re fortunate to live here in Idaho and to have Idaho’s estate planning and probate laws. In many states both estate planning and probate are complex, take a long time, and can be very costly. In some states an attorney is allowed to charge a percentage of the estate as the fee for completing a probate. Idaho probate and estate planning are much cheaper and are streamlined. Here is a short description of the three main purposes of probate in Idaho.

1. PROTECT THE ESTATE

Insurance Considerations When Transferring Property Into Trust

Published on: February 12, 2017 | by Racine Olson

By Matthew P. Stucki

There are numerous reasons why an individual would select a living trust as the vehicle to deal with the distribution of his or her property upon death. A living trust is set up to allow the owner of the property to transfer said property into the trust and out of the owner’s name. When making this transfer of property into a trust, there are important insurance considerations that need to be considered.

Individuals often purchase insurance, such as car insurance or home owner’s insurance, to protect their property against damage. However, when that property is transferred, the insurance provider is no longer responsible for coverage. This makes it important for all individuals who transfer property into a living trust to contact their insurance agent and add the living trust as an insured. Failure to list the living trust as an insured may give your insurance provider a reason to reject claims made by you.

6 Estate Planning Resolutions You Should Make for 2017

Published on: February 11, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

A new year is always a wonderful opportunity to determine what steps you need to take to protect yourself and your family through your Idaho estate planning. Each year brings change, and our lives and in the lives of those around us. Whether we like it or not these changes need to be addressed and dealt with in a way that will help us move forward productively. 　With 2017 upon us here are 6 Idaho estate planning resolutions you should make this year.

1. COMPLETE BENEFICIARY DESIGNATIONS ON RETIREMENT ACCOUNTS

IDAHO MEDICAID LONG-TERM CARE BENEFITS

Published on: February 10, 2017 | by Racine Olson

By Nathan R. Palmer

Medicaid was signed into law in 1965 for the purpose of providing certain benefits, including medical benefits, for individuals in financial need. While the Medicaid program was enacted by the federal government, each state is responsible for administering the program for its citizens. Generally speaking, eligibility for Medicaid benefits depends on an individual’s income and assets.

Idaho Medicaid benefits include assistance for the aged, blind, and disabled (sometimes referred to as AABD benefits). AABD benefits are generally available for individuals over age 65 and/or those who are blind and/or disabled. Providing coverage for an elderly individual’s stay in a long-term care facility is one benefit available through the AABD program.

Drafting a Good Job Description

Published on: February 10, 2017 | by Racine Olson

By Lane V. Erickson, Attorney

It doesn’t really matter whether you have 10 or 10,000 employees, your business, or any business with employees will gain a direct benefit from having well written, accurate job descriptions. 　Accurate job descriptions in an engagement letter or an employment agreement helps to eliminate confusion. More importantly, having an accurate job description also ensures that all duties of the job are assigned efficiently and to employees who are qualified. The most import benefit from having well written job descriptions is that they help protect the employer when things go bad.

1. START OFF RIGHT

The Strange Doctrine of Adverse Possession and Its Origins

Published on: February 10, 2017 | by Racine Olson

By Joseph G. Ballstaedt

The doctrine of adverse possession of real property is a strange legal concept, yet one deeply imbedded in American law. Under this doctrine, a person who trespasses onto and possesses the property of another can, after enough time has passed and if certain other conditions are met, become the legal owner of the property. This doctrine arguably condones trespassing by rewarding “squatters” for conduct that seems unfair, unjust and contrary to long-held principles of private property ownership. However, the requirements to actually prove adverse possession are stringent enough that the doctrine is infrequently applied. It is typically used to resolve ownership disputes in favor of the person who has actually occupied, cared for, and paid taxes on the property.

Each state has specific requirements enumerated in court decisions and statutes that must be met to acquire land through adverse possession. In Idaho, a person claiming ownership by adverse possession first must prove he or she has possessed the property for the statutory period. Up until 2006 this period was five years in Idaho. The Idaho Legislature amended the statute in 2006 to extend the period to 20 years. The person must also prove his or her possession was “actual, open, visible, notorious, continuous, and hostile” to the owner of record, and that he or she has enclosed, improved, and paid taxes on the disputed property. If these elements are proven by clear and convincing evidence, the claim of adverse possession succeeds and the judge will issue a judgment declaring the person to be the legal owner of the property.

TWO TASKS YOUR ESTATE PLANNING ATTORNEY CANNOT PERFORM

Published on: February 10, 2017 | by Racine Olson

By Nathan R. Palmer

Most of our Idaho clients hire us to draft three basic estate planning documents: (1) a will or trust; (2) a power of attorney for health care; and (3) a power of attorney for financial affairs. Walking out of our office with those three documents does not necessarily mean your estate plan is complete. There are several additional tasks our clients likely need to perform after they leave our office. The two most common tasks include updating beneficiary designations on retirement accounts and life insurance contracts.

As a general rule, individuals with retirement accounts (whether employer sponsored or not) must list beneficiaries to their accounts. Most individuals list their spouses as the primary beneficiary of their accounts and, if available as an option, list their children as contingent beneficiaries in equal shares. Most of our clients have not reviewed their beneficiary designations for several years – or even decades – and rarely think of doing the same. Unfortunately we see cases in which clients forget to update their beneficiary designations so their retirement accounts end up being distributed contrary to our clients’ intentions. It is important to understand who you have designated as beneficiaries of your respective retirement accounts.

Don’t Drive Through Flooded Sections – Find Another Route

Published on: February 9, 2017 | by Racine Olson

I-86 Closed Near Raft River Due to Standing Water

Idaho State Police report that I-86 at milepost 14 has an estimated one and a half feet of standing water for a 200-foot stretch just east of the I-84/I-86 (“the split”) interchange near Raft River. The Idaho Department of Transportation closed Interstate 86 on Monday between mileposts 0 and 36 because of flooding over the Raft River bridges.

There is not yet an official alternate route around the closed section of the interstate. Motorists are being warned via the electronic reader boards at Glenns Ferry and Pocatello of the closures. Bridges over the Raft River for alternate routes are in the same flooded condition as the interstate bridges. Map out your trip prior to leaving home and check for road conditions and closures to choose the safest way to arrive at your destination.