Sometimes a client wants to revoke a power of attorney that he signed. A power of attorney is a document that permits one person to make decisions...
Eldercare Lawyer Blog
Whose Money Is It Anyway
Whose money is it? I can't tell you how many people I meet with who believe that a husband and wife's assets are separate assets. Marriage is a...
Federal Court Upholds Use of Annuities
A recent New Jersey federal court decision reaffirms the use of annuities as a Medicaid planning device. Medicaid is a health insurance program for...
Kickin’ Dad to the Curb
When a family member needs long-term care, it is scary. It’s scary to see a loved one deteriorate. It’s scary to see someone who has taken care of...
Understanding Medicaid Discrimination Concerns
“Won’t the nursing home treat my mother differently when she goes on Medicaid?” I hear this question quite frequently. A different variant of the...
Choosing Others To Decide for Us
No one wants to think of a day when someone else will have to make decisions for them, but for many people, particularly those lucky enough to grow...
No Will, No Way
If you die without having made out a Will, what happens? Does your property just pass to the State of New Jersey, leaving your spouse and children...
Don’t Bother Asking for Help … Until You Really Need It
A recent decision of the New Jersey Superior Court, Appellate Division, highlights the difficulty of dealing with the Medicaid program from a...
Running Away with Mom
Most of us probably don’t like to admit it, but we aren’t as unique as we think. If we thought of something, chances are, someone else thought of...
Can the Nursing Home Restrain Dad?
When can a nursing facility restrain a resident? Typically, when we think of restraining a person we think of the negative implications. You are...
Supreme Court Limits Medicaid Estate Recovery
Recently, the Supreme Court of the United States ruled on a case involving Medicaid estate recovery. Medicaid is a health insurance program for...
What Happens in Oklahoma Does Not Always Stay in Oklahoma
Last week, a federal district court in Oklahoma decided a case that I found very interesting. For several years, I litigated a case in federal...
Are Veterans Benefits Income?
Last week, I wrote about a Veterans benefit commonly known as aid and attendance. Aid and attendance is a cash-assistance Veterans Benefit that...
Veterans Benefits: Lifesaver or Unexpected Headache?
If you are a veteran who served during war time, or the surviving spouse of such a deceased veteran, you may be entitled to a veteran’s benefit...
Getting Mom Rehab
As I indicated in a recent article, my mother currently requires long-term care. Like the vast majority of my clients, my mother was first admitted...
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Recent Posts
Medicare and Skilled Nursing Facility
NURSING HOME DISCHARGE: WHAT ARE MY RIGHTS? The scenario: Mom, age 80, falls and fractures her hip. She needs surgery and remains in hospital for more than three days of acute care. After her hospital stay, she is discharged to a skilled nursing facility (SNF). She...
Medicare 100 Days of Coverage
MEDICARE'S 100 DAYS OF COVERAGE As those of you who read my column know, I practice elder law. Most every day of the week, I am either discussing an issue of elder law with a client or working on a client's elder law issue. In my practice I frequently encounter people...
Medicaid Takes Money
BUT WON'T MEDICAID TAKE MY MONEY A lot of people believe that if they require long term care, Medicaid will take their money. "Can I save my money from Medicaid?" They'll ask. "I don't want Medicaid taking all of my money." The truth is, Medicaid doesn't take a...
Medicaid Planning for the Rich (More)
AND THE SURVEY SAYS … RICH PEOPLE DON'T PLAN FOR MEDICAID Critics of Medicaid planning claim that lawyers are making rich people eligible for a welfare program. We lawyers, so the argument goes, are ripping off the American taxpayer, placing our wealthy clients on...
Medicaid Planning for the Rich
MEDICAID PLANNING FOR THE RICH The problem with lawyers is, they make their rich clients artificially poor so they can qualify for Medicaid and get the American taxpayer to foot the bill for their care. Well, not really. But, unfortunately, that's what some people...
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