A recent decision of the Appellate Division of the Superior Court of New Jersey highlights the dangers inherent in the Medicaid application process....
Eldercare Lawyer Blog
Who Can Make Decisions When Someone Cannot?
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...
Your Money, Your Way: Planning Tips
IT'S YOUR MONEY, SO IT'S YOUR WAY A Will allows you to leave your assets to whomever you wish. A Will also allows you to avoid leaving your assets...
Why Planning Matters Even When the Future Is Uncertain
This week the brother of a childhood friend of mine died. My friend's brother was thirty-seven years old. I remember the brother as a big, strong...
Where Do I Keep My Documents
NOW WHERE DID I LEAVE MY WILL? You've always heard how important it is to plan ahead. So, you go to a lawyer and have a Will, financial powers of...
What Is a Trust
WHAT IS A TRUST "I want a trust," says the man who has come to see me today. When I inquire further, he's uncertain as to why he wants a trust. He's...
What Does It Mean “To Hold Money In Trust”?
What does it mean "to hold money in trust"? Trusts are difficult to understand. Mention the word "trust," and people become instantly confused. If a...
When the Tax Man Comes: Estate Planning Realities
BUSH KILLED THE DEATH TAX, AND STILL THE TAX MAN COMETH If you have read the newspapers or watched television since the spring, you probably have...
The Estate Tax Is Back
NEW JERSEY PASSES NEW ESTATE TAX LAW The estate tax is back. Well, at least in New Jersey. And I hate to tell you that I told you so, but I have...
The Best Made Plans
THE BEST MADE PLANS SOMETIME GO AWRY I often talk to the public about Medicaid and Medicaid planning. Frequently, a member of the audience will have...
That’s My Boy
This past week my first child, a son, was born. I can't tell you how happy I am. In his face I see posterity. In my wife's face, I see the pure joy...
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Recent Posts
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...
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...
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