Indiana Living Wills Laws

Living Wills are different from the legal wills we normally think of. While a normal will generally addresses what happens to a person’s property after they pass away, living wills are legally binding documents that express an individual’s medical treatment and end-of life preferences. A living will generally details whether a patient wants to be […]

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Filing an Employment Discrimination Claim in Indiana

Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion.  Each state has passed laws and rules to protect your workplace rights: this page […]

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Understanding Uninsured and Underinsured Motorist Coverage

According to the Insurance Research Council, 16.3% of all drivers in Indiana do not carry any insurance. Outside of Indiana, one in seven drivers have no insurance. Of those who do carry it, they may only purchase the minimum limits required by the state. But, what happens if you get into an accident with one […]

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Defamation Claims in Indiana

Under Indiana law, the elements of a defamation claim are: a communication with defamatory imputation; malice; publication; and Damages. Bochenek v. Walgreen Co., 18 F.Supp.2d 965 (N.D.Ind. 1998). A plaintiff must also prove that the defendant’s fault in publishing the statement amounted to at least negligence. Defamation Per Se In Indiana, a communication constitutes defamation […]

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How Is Income Treated When Applying For Medicaid?

We previously discussed the differences between assets and income in regards to applying for Medicaid. Now we will examine how Medicaid treats income. The information below is an abbreviated overview of individual income taken into account for eligibility under Medicaid. For married couples, both incomes are considered when determining Medicaid eligibility.  When the income is […]

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Medicaid’s Spousal Impoverishment Protection Law

The Spousal Impoverishment Protection Law applies for nursing home admissions occurring on or after September 30, 1989. Protection under the law applies to nursing home, in-home and community type care services under the Medicaid Aged and Disabled Waiver. The purpose of the law is to allow the community spouse to keep some of the couple’s […]

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How is child support calculated in Indiana?

The Indiana child support guidelines state that a child’s quality of life should not be affected by a divorce. One tool the courts use to ensure children are able to maintain their lifestyle is child support, which is typically paid by the noncustodial parent. If you’re filing for a divorce with a child involved, you […]

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Is Alimony Allowed In Indiana?

Unlike many states, Indiana does not recognize alimony. Instead Indiana provides for spousal maintenance. Some may call this just another form of alimony. However, receiving maintenance payments are more difficult and not automatic. Spousal Maintenance In Indiana Indiana presumes each spouse will work and support themselves after separation. The exception to this is where one […]

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