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...
Eldercare Lawyer Blog
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....
Medicaid and Assisted Living Residence—What Is Medicaid Paying For?
SURE I LIKE COMPANY, BUT I LIKE BEING ALONE BETTER Medicaid is a government program that will help pay the cost of long-term care. Assisted living...
Medicaid’s Waiting List for Assisted Living: What to Expect
ASSISTED LIVING RESIDENCE WAITING LIST The flaw inherent in New Jersey's Medicaid program that will help pay for an assisted living residence has...
Annuities and Medicaid Planning—A Little More Information
ARE ANNUITIES A VIABLE PLANNING OPTION FOR MEDICAID? In the past, a common Medicaid planning technique for a married couple seeking Medicaid...
How Do Annuities Work for Medicaid Planning
ANNUITIES: SELLING A STREAM OF PAYMENTS Annuities can play a strategic role in Medicaid planning when structured correctly. In elder law, certain...
Annuities and Medicaid Planning
THE DEATH, AND POSSIBLE RESURRECTION, OF ANNUITIES Before the latest revision to the New Jersey Medicaid regulations, the use of annuities in...
Medicaid Block Grant Programs: A Wolf In Sheep’s Clothing
A WOLF IN SHEEP'S CLOTHING Mark B. McClellan, the Administrator of the Centers for Medicare and Medicaid Services (CMS), which is the federal...
Medicaid Planning With 529(B) Plans
IS A 529(b) PLAN RIGHT FOR YOU? My wife recently asked me about starting a college savings plan for my son. The most popular college savings plans...
Estate Planning Issues with Second Marriages
Second marriages are often the source of many different estate planning issues. Let’s assume that Mr. Smith marries Ms. Jones. Mr. Smith has three...
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...
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Experience Teaches
I am not a handy person. I have no training or knowledge in the traditional “trades”—electrical, plumbing, carpentry. But the other day, I noticed that the lights in my house were flickering. I walked down to the electrical panel and saw sparks coming out of one of...
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 for Estate Planning
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...
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