Author: Linda Ershow-Levenberg

This case, B.J.P. v. K.F.W.,  involves  the efforts by a minor’s paternal grandmother to obtain visitation rights with the child. The minor is a 16 year old whose mother is deceased Since 2004, she has been raised by her paternal aunt and uncle, but they did not adopt her. They were initially granted joint legal custody of the child with the child’s father in 2005 (and they had...

The Medicaid program determines eligibility for a married applicant based on the amount of resources owned by the applicant and his spouse. If the community spouse dies first, the program will count as a resource the amount of assets that the surviving spouse is entitled to receive from the Estate to satisfy his claim for the “elective share.” If the individual fails to pursue his...

In a recent decision by the New Hampshire Supreme Court, the Court ruled that trust payments to third party vendors were not countable as “income” to the trust beneficiary for purposes of determining her eligibility for food stamps. Petition of Kelly Hagenbuch. The federal food stamp program (called SNAP in New Jersey) is available to individuals who meet certain income and asset...

For many senior citizens, being able to “age in place” and stay in their  home is a really high priority. The obligation to use Medicaid dollars to support aged and disabled individuals in the least restrictive environment has been a cornerstone of federal policy since the Olmstead decision was issued by the Supreme Court in 1999.  In addition to that there is the obligation to...

If you regularly follow this blog, you know that there are resource limits and income rules for the  Medicaid program for nursing home care, assisted living and in-home care benefits for individuals who are aged or disabled. Some of these Medicaid numbers are adjusted by the State of New Jersey each year. In addition, CMS adjusts certain Medicare numbers each year (premiums, deductibles and...

When a senior or disabled patient who is on Medicare transfers to a skilled nursing facility for “rehab” after a hospitalization (of 3 days or more), a treatment plan is developed based on the physician’s orders, which incorporates all of the skilled care services which need to be provided in an inpatient facility by licensed personnel. Medicare Part A will pay for up to 100...

When a person applies for Medicaid under the NJ MLTSS program after having made gift transfers during the most recent 5 years, there will likely be a penalty period in which Medicaid will not pay for the care that this person needs (unless the transfers were exempt, such as transfers to a spouse or disabled child). This transfer penalty is mandated by federal law, and the greater the amount...

A person who moves into a nursing home is referred to as a “resident” for a reason — this is their new home. At the end of life, the health care representative (or the patient himself) may be wondering whether there is a way to ensure that he can “die at home” in his bed instead of in a hospital.  Paving the way for a quiet end will require teamwork and...

“Can you just do a quitclaim deed?” is a common question brought to our office. Sometimes it’s a question by a child, other times by the spouse of the senior citizen homeowner. There’s a concern about “saving the house” when nursing home care is looming on the horizon. Leaving aside the complex question of whether such a transfer will disqualify the senior...

Once a Court has ruled that a person is “incapacitated” and has appointed a Guardian of his person and property, the Guardian has many responsibilities and also, there are  certain restrictions on what a Guardian may do. The details are spelled out in New Jersey’s laws and court rules. Also, each County may have certain specific procedures of its own. One of these limitations...