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...
Eldercare Lawyer Blog
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...
Medicaid Application Process
A recent decision of the Appellate Division of the Superior Court of New Jersey highlights the dangers inherent in the Medicaid application process....
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...
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Recent Posts
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 is unable to handle her affairs. You may have to become your mom’s legal guardian, or if your mom has signed a financial...
How Gifting Money Can Trigger Taxes Sooner Than You Think
In 2022, the annual gift tax exclusion rose from $15,000 to $16,000. This means that you can gift $16,000 to an unlimited number of people without having to file a gift tax return and without reducing your lifetime exclusion against gift or federal estate tax. That’s...
Medicaid Misconceptions
I have been assisting clients with applying for Medicaid benefits for over twenty years. In that time, I have helped hundreds (probably thousands) of clients successfully apply for Medicaid benefits. Medicaid is a health payment plan for needy individuals. If a...
Nursing Homes Have Opened Their Doors
The global COVID-19 pandemic has been hard on many people. One group of people who have suffered greatly are residents of long-term care facilities, such as nursing homes, and their families. Long-term care facilities house vulnerable populations—the aged and...
Marriage Is a Partnership
Recently, the Superior Court of New Jersey, Appellate Division, issued an interesting decision concerning New Jersey’s Medicaid program. Medicaid is a health payment plan for needy individuals. In order to qualify for Medicaid, an individual must have a very limited...
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