Recently, the Division of Medical Assistance and Health Services (DMAHS), the division of the New Jersey government responsible for administering...
Eldercare Lawyer Blog
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...
Should Guardians Be Paid for What They Do?
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...
Are Two Heads Better Than One in Planning?
Every day I meet with clients who are interested in having me drafting the three essential estate planning documents for them--a last will and...
What Happened to Mom’s Dresser?
In my practice, I have drafted over ten thousand last wills and testaments for clients. I have assisted hundreds of executors administer the estates...
Don’t Believe Everything You Hear
Recently, I had the opportunity to visit two separate banks on behalf of a client of mine and on behalf of an individual for whom I am the guardian....
It’s a Moot Issue
I read with interest a recent federal court opinion involving a Medicaid issue. A colleague of mine sued the State after the Medicaid office in...
Saving Mom’s House
Many of the people who come to see me are concerned about protecting their assets from the costs of long-term care, such as care in an assisted...
I Wrote the Book
Around October of this year, a book that I recently wrote on the subject of elder law will be published. American Lawyer Media (ALM) will be...
A Rare Piece of Good News for New Jersey Medicaid Applicants
New Jersey's Medicaid program is about to get a dramatic overhaul. Currently, there are two programs of Medicaid that pay for long-term care, such...
Is an Inherited IRA a Retirement Account?
A recently decided case of the United States Supreme Court may have far-reaching implications with respect to the manner in which individuals...
Two Major Victories for Medicaid Beneficiaries
This week was a big week for potential Medicaid beneficiaries. Two discrete events occurred this week and both have to do with a Medicaid...
A Will for a Second Marriage
I often meet with married couples in second marriages. Each spouse frequently has children from a first marriage. The couple may have been married...
Categories
Recent Posts
When Everyone Is in the Room, Who Is Actually the 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 -...
The “Fortunate” Spouse May Not Feel So Fortunate
"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...
Archives
To schedule a consultation with the Law Offices of John W. Callinan, call our office closest to you:
Sea Girt (732) 974-8898 Middletown (732) 706-8008