What is the difference between a power of attorney and a guardianship? In one form or another, I find myself answering this question several times a...
Eldercare Lawyer Blog
Will Barack Obama Increase the Federal Estate Tax?
"We need to change our estate planning documents before the end of the year when the Bush tax cuts expire." For the past month or two, some couple...
The Devil is in the Details
The Superior Court of New Jersey, Appellate Division, recently decided a case that almost seems comical, but the parties in the case probably aren't...
The Drawbacks of a Trust
What is a trust? Most of us have heard the word "trust" and most of us have a basic understanding of what a trust is, but few people seem to really...
Will You Do Everything for Me? Understanding Executor Duties
I have been practicing elder law for twenty years. The benefit of concentrating my practice in one area of the law is that everything I do is...
Planning for Minor Beneficiaries
Many people choose to leave a part of their estate to beneficiaries who are minors. Some people leave assets to a minor beneficiary indirectly;...
Planning Options For the Solo Senior
PLANNING OPTIONS FOR THE SOLO SENIOR What happens to those people who truly have no one to help them? No one who can, or even would, make decisions...
When Everyone Is in the Room, Who Is Actually the Client?
"My mother needs a Will and a power of attorney," the woman's voice says over the phone. "When can I'm come see you." In traditional attorney-client...
What Are My Rights as a Senior?
On July 21, 2004, the Superior Court of New Jersey, Appellate Division, decided a case, entitled Seabrook Village v. John Murphy, that serves as...
When a Trust Doesn’t Work as Planned: Understanding “Trust Buster” Laws
A WIN FOR THE DISABLED For parents with disabled children, providing for the child's well-being after the death of the parents is a primary concern....
The “Fortunate” Spouse May Not Feel So Fortunate
"Dad's in a nursing home. What can we do to protect my mother? I don't want her to be destitute." Nursing homes cost a lot of money, so when one...
The Cost of Care: Planning Ahead
In the past several months, I have had a number of clients ask me how nursing homes and assisted living residences receive payment. The most common...
No One Handles These Decisions Alone
LEGAL REPRESENTATION IS A TEAM EFFORT Some wise man (or woman) once said, there are no stupid questions only stupid answers. When your law practice...
Spousal Refusal
Medicaid pays for many of the costs associated with long-term care. Medicaid is a welfare program. Medicaid is a co-operative program between the...
What Happens After I Qualify for Medicaid?
I have applied for Medicaid benefits for clients over a thousand times. I have a lot of experience with applying for Medicaid benefits. Medicaid is...
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Recent Posts
Wait … Is This Even Legal?
There are many misconceptions that surround elder law. The defining feature of elder law is Medicaid planning. Medicaid planning is a form of estate plan through which an attorney assists a client in qualifying for Medicaid benefits. Medicaid is a health payment...
Do I Need To List My Assets in My Will?
Does a last will and testament have to list all of your assets? Many of my clients believe that a Will must list all of their assets—who gets the house, who gets this bank account, this stock, etc. A Will is a document that controls the disposition of a person’s...
Probate Is Simple
When a parent dies, her family members need to settle her financial affairs. The need to settle a person’s financial affairs is the source of great angst. Clients come to me wondering how they can make things simpler for their family members after their deaths. ...
Be Proud, But Plan
Estate planning for a gay couple requires that the attorney consider several issues. One of the most important issues is the legal status of the couple. Is the couple a registered domestic partnership? Is the couple legally married? Or is the couple neither a...
I Want To Avoid Probate
“I want to make it as easy as possible for my family after I die. What should I do? How do I avoid probate? I heard probate was complicated.” These are statements that I hear every day from clients. After someone dies, managing their affairs is “estate...
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