Recently, I sued the state of New Jersey on behalf of several clients of mine in federal court over an issue involving the Medicaid program. This...
Eldercare Lawyer Blog
Supreme Court Admonishes Nursing Home
A recent decision of the Supreme Court of New Jersey, entitled Manahawkin Convalescent v. O’Neil, sheds some light on how the courts of this state...
Cadillac Cost, Yugo Service
Medicaid is a health insurance program for needy individuals. Unlike most policies of health insurance, Medicaid will pay for the cost of long-term...
Federal Lawsuit Proceeds
This week, a federal judge sitting in Camden refused to dismiss a federal class action lawsuit involving the interplay of veteran’s and...
A Failure To Act
Medicaid is a health insurance program for needy individuals; however, unlike most health insurance programs, some programs of Medicaid will pay for...
Moving a Parent Into Care Is Rarely a Simple Step
There are few people who want to live in a nursing home. In fact, I have never met any person who wants to live in a nursing home when faced with...
Spousal Income Allowance: How It Works
A recent decision of the Superior Court of New Jersey, Appellate Division, should be of interest those individuals who have a spouse in a nursing...
Expanding Estate Recovery
A recent change to the federal Medicaid Act will permit the various states more freedom when seeking recovery from a personal injury victim’s...
Executor’s Commission
Being an executor is hard work. Being an executor involves assuming a lot of liability. As executor, you are handling other people’s assets and...
Grandparent Visitation Rights
Almost a decade ago, I wrote an article on a decision of the United States Supreme Court on the issue of grandparent visitation rights. In some...
Tort Reform
I had some free time this Christmas Eve, and I wanted to write a brief blurb on an issue that bothers me every time I hear it. I do not profess to...
Season of Giving
It’s the Season of Giving, and some of my clients are thinking about giving money to their family members. As I have said in the past, no single...
Where You Store Important Documents Actually Matters
Where do I keep my estate planning documents? It’s a question I get a lot from clients, and it’s an important question. It is very important that...
Informed Medical Decisions: A Matter of Life and Death
We’ve all heard of a “living will.” It’s that document that says you don’t want to be on a respirator. When asked, some peoples’ immediate...
Settlement of Federal Suit Will Benefit Thousands
Last year, I filed a federal lawsuit against the state of New Jersey. In the lawsuit, I demanded that the State use an accurate divisor number in...
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Recent Posts
Can a Prepaid Funeral Help You Qualify for Medicaid?
ARE PREPAID FUNERALS A SCAM? Are pre-paid funerals a scam? The American Association of Retired Persons (AARP) thinks so. And, in a November 2002 Scam Alert to its members, AARP told its members so. States the AARP: "AARP advises consumers to preplan but not to...
Planning for Medicaid With Trusts
PLANNING FOR MEDICAID WITH TRUSTS People who know anything about Medicaid know that they're automatically ineligible for benefits for three years. Well, maybe it would be more accurate to say that people who know a little about Medicaid think they're automatically...
Why the Olmstead Decision Still Matters Today
One of the most significant problems with the Medicaid program is that it tends to force people into nursing home care. Medicaid is a federal and state insurance program for needy individuals who are aged, blind, or disabled. Persons who meet certain income and asset...
When a Nursing Home Takes Your Money
MOM DOESN'T WANT THE HOME TO TAKE ALL OF HER MONEY "We don't know what to do," says the son. "Mom needs to go to a nursing home, but we don't want to just turn her house over to them. Mom would want to leave something to her children." "We've heard that the nursing...
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 know that you have certain rights. Rights that protect your privacy, your autonomy, and your basic human dignity. The...
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