AN OPPORTUNITY FOR FAMILIES WITH DISABLED CHILDREN On Thursday, May 6th, the United States Senate approved a bill that would make it easier for...
Eldercare Lawyer Blog
Yes, Your Income Can Be Too High for Medicaid
FALLING BETWEEN THE CRACKS: NEEDING TOO LITTLE CARE It almost goes without saying that people do not want to live in nursing homes. While nursing...
Is Medicaid Planning Ethical?
Medicaid Planning: Stealing from America? There are at least two sides to every story. For many people, Medicaid planning is the only methodology...
Can Medicaid Seek Estate Recovery From Mom’s Estate?
MEDICAID WANTS EVERYTHING MY MOTHER OWNED For many people, Medicaid is a lifeline. It provides health insurance to needy individuals and pays for...
Elder Abuse
FINANCIAL ABUSE OF THE ELDERLY ON THE RISE Financial abuse of the elderly is on the rise. In 1986, there were 117,000 cases of financial abuse...
Due Process
IT'S MY CONSTITUTIONAL RIGHT Sometimes it seems as if people think the United States Constitution holds the answers to all of their problems. "It's...
What to Watch For When Mom Moves Into Assisted Living
BUT WE RELIED ON WHAT YOU TOLD US" What you tell the staff of an assisted living residence at the time of admission may come back to bite you. I...
What Remains for the Spouse Who Stays at Home
REVISITING THE FORTUNATE SPOUSE In a previous column, The Fortunate Spouse, I discussed the Medicaid laws governing the treatment of a couple's...
The Cost of Care Adds Up Faster Than Most Expect
NURSING HOME COSTS ON THE RISE - DON'T JUST SIT THERE A recent survey found that the cost of a nursing home is rising across the country. According...
Finding the Right Care Path Isn’t Always Clear
MAKING A LONG-TERM CARE FACILITY YOUR HOME We hear a lot about long-term care nowadays. It seems as if we'll all need long-term care at some point...
What Is a Continuing Care Retirement Community (CCRC)?
WHEN IS A HOME, A HOUSE? This past week, I had a big, unexpected win in court. I was challenging a denial of Medicaid benefits for a client. At...
Bad Medicaid Planning Can Make You Sick
BAD ADVICE CAN MAKE YOU SICK "But why would I keep my mother's health insurance if she's on Medicaid?" asks the woman who's come to consult with me...
How Do Trusts Work With Medicaid Planning
BREAKING TRUST The State of New Jersey never stops trying to prevent people from planning for long-term care, often ignoring state and federal laws....
What Is an Assisted Living Residence?
ASSISTED LIVING: AN IDEA IN NEED OF SOME ASSISTANCE Assisted living residences (ALR) are springing up all around us. A 1997 survey estimated that...
Can I Pay For Extras for My Mom When She’s In an Assisted Living Residence
SUPPLEMENTING MOM'S STAY AT AN ASSISTED LIVING RESIDENCE The period of time during which people are receiving long-term care is truly becoming long....
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Recent Posts
Increase in Medicaid Divisor Figure
The New Jersey Medicaid office recently increased the penalty divisor used for calculating periods of ineligibility for Medicaid benefits. This is a good thing. Medicaid is a health payment plan for needy individuals. To qualify for Medicaid benefits, an individual...
The Devil Can Be in the Details
Medicaid is a health payment plan for needy individuals. If you qualify for Medicaid benefits, the program will pay for most of the costs associated with long-term care, such as care in a nursing home, an assisted living residence, or at home (a home health aide). ...
Filing an Application for Medicaid
I’ve been filing Medicaid applications for clients for nearly a quarter of a century. In that time, I’ve filed hundreds, if not thousands, of applications for Medicaid benefits. Medicaid is a federal-state health payment plan for needy individuals. In order to...
Second Marriages Can Be a Minefield
I’ve been practicing elder law for nearly a quarter of a century. In the past five years, I’ve noticed an increase in the number of clients who are involved in second marriages. Second marriages create issues when drafting an estate plan that many clients fail to...
Are Lawyers Expensive?
I had two people come to me this past week and say something to the effect of, “That’s a lot less expensive than I thought you were going to charge me.” And I think that fear and that assumption about a lawyer’s services is what causes people to avoid seeking the...
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