Planning for the future is something many people postpone until it is too late. In New Jersey, when an individual becomes unable to manage their own...
Eldercare Lawyer Blog
Guardianships
One Guardian or More Than One?
I have been practicing elder law for twenty-five years. During that time, I have been involved in hundreds (if not thousands) of guardianship...
Could Your Parent’s Nursing Home Bills Become Your Problem?
Is a guardian financially responsible for his ward? Is a power of attorney agent financially responsible for his principal? Assume that your mom...
Are Guardianships Vehicles of Abuse?
I recently watched a docuseries. This particular show was about guardianships. The theme of the docuseries is to expose the ways in which people...
What are the options for making a decision for another?
SURROGATE DECISION MAKING OPTIONS When a person is having difficulty making decisions for himself or when he is incapable of making decisions for...
What Happens When Someone Regains Legal Capacity?
I'M FINE, REALLY When people are unable to make decisions for themselves and they failed to put in place a surrogate decision-making plan - a fancy...
New Jersey’s Professional Guardian Rules Just Got More Serious
NEW PROFESSIONAL GUARDIAN LEGISLATION When a person cannot make decisions for themselves, they may need a guardian. A guardian is a court-appointed...
How Do You Know When Someone Needs a Guardian?
THE NEED FOR A GUARDIAN "My mother doesn't eat properly, when she does try and cook for herself she leaves the stove on, and she's not taking her...
Can a guardian gift a ward’s assets?
COURT DECISION A BLOW TO INCAPACITATED PERSONS The Appellate Division of the Superior Court decided a case on December 19th that will have a...
Guardian ad Litem
A recent appellate division case makes clear the role of a guardian ad litem. When a person cannot handle his financial or medical affairs due to...
What Is a Guardianship?
For those of you interested in elder law, here is an excerpt from my book, entitled New Jersey Elder Law: A Resource and Planning Guide. The book...
Should Guardians Be Paid for What They Do?
Serving as a guardian often involves significant time, responsibility, and financial oversight. Because of this, guardians may be entitled to...
Big Win Before the State’s Highest Court
Last week the Supreme Court of New Jersey issued an interesting decision in a case that I argued before the Supreme Court on behalf of the National...
Delegating Authority
When asked, I always tell clients that they should have a power of attorney document for financial decisions. When a person signs a power of...
No Way Out … Really?
Today, I read an interesting article in the Asbury Park Press, No Way Out (Asbury Park Press, Section A1, Sunday, September 1, 2013). The article...
Categories
Recent Posts
The Step Up in Basis Myth
After more than 26 years practicing elder law in New Jersey, I have noticed that misconceptions tend to arrive in waves. The same misunderstanding will surface from multiple clients in a short span of time, often with near-identical wording. Recently, a new wave has...
The Medicaid Spend Down
When a family faces the staggering cost of long-term care, Medicaid often becomes the only realistic way to pay for nursing home, assisted living, or in-home care. But qualifying for Medicaid requires meeting strict financial limits, and that is where the Medicaid...
Not All Trusts Protect Assets the Same Way
When clients come to my office asking about living trusts, they often arrive with the assumption that a trust is a trust. That any trust will protect their assets, simplify their estate, and spare their family from the headaches of probate. The reality is more...
A Trust Isn’t Always the Default Answer
When people begin the estate planning process, they often hear that they “need a trust.” The truth is more nuanced. Trusts can be extremely useful, but the right kind of trust depends entirely on your goals, your assets, and your family circumstances. For most people,...
Understanding the Medicaid Five-Year Lookback Period
When someone applies for long-term care Medicaid, one of the most important rules is the five-year lookback period. This rule determines whether the applicant made any gifts or transfers of assets that could delay eligibility for benefits. Despite frequent...
Archives
To schedule a consultation with the Law Offices of John W. Callinan, call our office closest to you:
Sea Girt (732) 974-8898 Middletown (732) 706-8008