New Jersey recently implemented a significant change to its Medicaid program. Medicaid is a health insurance program for needy individuals. Unlike...
Eldercare Lawyer Blog
Better Safe than Sorry
When a person dies, their last will and testament can be admitted to probate. In order to submit a Will to probate, the executor nominated in the...
Is It Possible to Avoid the “Death Tax”?
I often have clients ask me how they can save "death taxes" for their children when they die. For many clients the answer is simple--your estate is...
Managing Medicaid: What to Expect
Recently, the state of New Jersey changed the manner in which Medicaid services are delivered to its residents. New Jersey switched to a method of...
The Risks of the Unauthorized Practice of Law
This past week, the Supreme Court of Florida approved an advisory opinion that holds Medicaid planning to be the practice of law. When a non-lawyer...
ABLE Act: What It Is and How It Helps Families
The federal government recently passed a new law that I think is most aptly described as another tool in the toolkit of options available to...
Do I Need To Probate the Will?
Does every last will and testament need to be submitted to probate? Clients often come to me wondering whether or not they have to submit the last...
Miller Trusts Are Here
The big day is here. The New Jersey Medicaid program has changed effective December 1st. I wrote about this change several months ago, and now the...
When a State Court Oversteps in Medicaid Matters
I recently read a case that was interesting because it discussed the interplay of New Jersey's Medicaid program and New Jersey's trial courts. The...
Due Process Requires Proper Notice
The Appellate Division of the Superior Court of New Jersey recently decided an interesting case. The case, entitled Greta Reuter versus the...
A Big Medicaid Change Families Should Not Ignore
Recently, the Division of Medical Assistance and Health Services (DMAHS), the division of the New Jersey government responsible for administering...
Does Medicaid Discriminate Against the Elderly
A recent decision of the Superior Court of New Jersey, Appellate Division, has a familiar ring to it for me. The case involves the Medicaid program...
Compensating a Guardian: What You Need to Know
Serving as a guardian often involves significant time, responsibility, and financial oversight. Because of this, guardians may be entitled to...
Big Win Before the State’s Highest Court
Last week the Supreme Court of New Jersey issued an interesting decision in a case that I argued before the Supreme Court on behalf of the National...
The Seven Year Lookback
For the past several years, clients have been coming to me telling me that they heard the lookback period for Medicaid was seven years or that the...
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Recent Posts
Who’s My Client?
"My mother needs a Will and a power of attorney," the woman's voice says over the phone. "When can I'm come see you." In traditional attorney-client relationships, the attorney meets directly with his or her client. The "client" may be a fifty year old man who was...
What Are My Rights as a Senior?
On July 21, 2004, the Superior Court of New Jersey, Appellate Division, decided a case, entitled Seabrook Village v. John Murphy, that serves as further support for a recent court victory of mine, which I wrote about in last week's column. Seabrook Village is a...
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. For example, if your child suffered from cerebral palsy and required substantial assistance - costly, assistance -...
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 spouse requires long-term care, the other spouse often worries about his or her ability to meet expenses. To make matters...
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 misconception that a client has is that a resident of a long-term care facility must simply turn over all of his assets...
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