Author: Linda Ershow-Levenberg

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...

I wrote this piece in 2003 as a letter to the editor of the NJ Jewish News, at the death of my friends’ father, who was a charming man I’d really enjoyed knowing in his last twenty years. Something reminded me of him recently, so I thought I’d republish it here. “Last week, I attended the funeral of the father of my close friends. He was 86 years old and died of...

Perhaps you’ve heard friends talking about a “legacy trust” or a “family trust ” or a “bloodline trust.”  These are all names for the same basic concept. You may be at a point in your life that you feel that you do not need to retain the ownership of all of your assets because you feel that you really “have enough.” You feel that you want...

The New Jersey Division of Consumer Affairs, which licenses certified home health aides and provides a wide array of consumer protection programs, has announced a new program for individuals receiving home health care services. The Division will provide a micro-surveillance camera for thirty days at no cost to the consumer. The free service is not available to residents of health care...

From time to time we get questions from clients who are having trouble maintaining access to their grandchild after the grandchild’s parent has gotten divorced or has died. In cases where the parent of a minor child resists visitation by a grandparent, the grandparent may need to seek relief through the courts. There is a state statute on this issue. Mediation towards a consent order is...

The need to place a beloved family member in a nursing home may be one of the most harrowing and heartbreaking decisions a person has to make. Not only is there a terrible sense of guilt and failure, but the sheer cost of a single month in a nursing home is staggering, and leaves the family with a bleak view of their future security. They feel vulnerable, because they are at the mercy of...