On July 21, 2004, the Superior Court of New Jersey, Appellate Division, decided a case, entitled Seabrook Village v. John Murphy, that serves as...
Eldercare Lawyer Blog
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....
When One Spouse Is Protected While the Other Needs Care
"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...
Small Gifts, Big Problems: What You Should Know
SMALL GIFTS, BIG HEADACHES "Okay," I say to my client, "tell me in general terms to whom you wish to leave your money after you pass away." The...
Sabree v. Richman: Key Takeaways
WHAT'YA GONNA DO, SUE ME? Recently, the United States Court of Appeal for the Third Circuit - the federal appellate court that handles appeals in...
Can a Prepaid Funeral Help You Qualify for Medicaid?
ARE PREPAID FUNERALS A SCAM? Are pre-paid funerals a scam? The American Association of Retired Persons (AARP) thinks so. And, in a November...
Planning for Medicaid With Trusts
PLANNING FOR MEDICAID WITH TRUSTS People who know anything about Medicaid know that they're automatically ineligible for benefits for three years....
Why the Olmstead Decision Still Matters Today
One of the most significant problems with the Medicaid program is that it tends to force people into nursing home care. Medicaid is a federal and...
When a Nursing Home Takes Your Money
MOM DOESN'T WANT THE HOME TO TAKE ALL OF HER MONEY "We don't know what to do," says the son. "Mom needs to go to a nursing home, but we don't want...
Nursing Home Residents Rights
The Bill of Rights for Nursing Home Residents If you're in a nursing home - or have a loved one in a nursing home - you will probably be happy to...
No Deeming and Medicaid
GOVERNMENT INTERFERENCE: A STATE OF MIND "I had to place my wife in a nursing home," says the man who has come to see me today. "I didn't want to,...
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Recent Posts
Estate Planning: How the Sausage Is Made
I draft a lot of financial powers of attorney, health care directives, and last wills. A lot. For the young and for the old, even though I am known as an elder law attorney. When you draft a lot of these documents, you use form documents. I have been an elder...
What Type of Trust Do I Need?
When should I have a revocable trust? When should I have an irrevocable trust? I hear these questions often from clients. I always like to start any discussion of a complex subject with definitions. A trust is a fiduciary relationship through which one person,...
How To Draft a Power of Attorney
A financial power of attorney document could be the most important estate planning document that you have drafted for yourself. Without a power of attorney, no one—not your spouse, not your children—can make financial decisions for you. Some people try and work...
How Much Will I Owe in Death Taxes
Taxes. No one wants to pay taxes. One type of tax that raises a particular amount of ire in people is “death tax”—estate tax, inheritance tax, and, and their lifetime cousin, gift tax. What are the chances you (or your estate) will have to pay any of these taxes? In...
Picking the Right Trustee
Over the years in my law practice, I have found that there are a number of reasons why a client will establish a trust. The client may have minor child, a disabled child, a child who has troubles with drugs or alcohol, or a child who simply cannot handle his...
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