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...
Eldercare Lawyer Blog
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...
Federal Lawsuit Changes Medicaid Treatment for 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...
You Get What You Pay For: Planning Considerations
If I need to answer a question, one of the first places I look for that answer is the internet. Before the internet, if you wanted an answer to a...
The Interplay of Government Benefits
There are several government benefits for which an individual who requires long-term care can qualify. Caution should be exercised when seeking to...
When the Cost of Care Falls on Someone Else
I recently re-read a New Jersey case that should be of great interest to many people who sign their family members into nursing facilities. When a...
Planning for Long-Term Care
I have so many people who come to me interested in protecting their assets in the event they require long-term care at some point in the future. ...
I Need a Living Trust
In recent weeks, I have had several people come to my offices interested in a living trust … very interested in a living trust. It’s made me wonder...
Can $1 Buy Peace of Mind?
“Don’t I have to leave him a dollar or something?” I get this question, or something similar to it, quite frequently. A client wants to...
Unequal Under the Law: Elder Law Insights
Recently, the Supreme Court of the United States rendered a decision through which it struck down key provisions of the Defense of Marriage Act,...
A Federal Victory for Seniors
I hate to sound like a broken record, but another federal court decision was just published that supports the use of annuities as a Medicaid...
No Way Out … Really?
Today, I read an interesting article in the Asbury Park Press, No Way Out (Asbury Park Press, Section A1, Sunday, September 1, 2013). The article...
Medicaid Spousal Income Allowance
The other week, I began writing about the Medicaid spousal impoverishment provisions. Medicaid is a health insurance program for needy...
Can Mom Afford To Live
When one spouse enters a nursing home, the well-spouse often wonders what of the couple’s assets and income will be left for her. Most people are...
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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...
Can a Nursing Home Really Take 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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