Petitions for Guardianship can still be Filed despite current difficulties
Advance planning with powers of attorney and health care powers of attorney is a good way to ensure that there is an authorized person to handle things and make decisions should a person become incapacitated due to stroke, accident or dementia. Of course there are plenty of situations in which no such documents were ever signed. When a person without such planning documents becomes...
Estate Administration When there is no Will
What do you do if a person passes away without a Last Will and Testament?
A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also specifies who receives what, and in what way. The estate of someone who dies without a Will is called “intestacy” or “an intestate estate,” which is Latin for “without a Will.” If a person owns assets that...
Be Precise when designating charitable beneficiaries in your Will or Trust
A Last Will and Testament is called “Last” because it’s the presumed final statement of the wishes of the person who has passed away. The terms need to be in writing and duly signed, witnessed, and notarized according to the law. (New developments to facilitate electronic signatures are a topic for a different day) These requirements are there in an effort to ensure that...
Employing Family Caregivers at this time when Home Care is More Necessary than Ever
You may wonder, “can I employ my daughter if she is living with me?” According to the National Bureau of Labor Statistics, there were over 3 million personal care aides and home health aides in the labor force in 2018, the most recent year for which data are available. In the State of New Jersey, over 41,000 people were employed in this occupation. AARP’s 2016 national survey...
County Surrogates Offices are working remotely, but some procedures are suspended
The Middlesex County NJ Assignment Judge has issued a Notice with details concerning procedures for filing and handling of cases in Middlesex County now that the courts are closed to in-person proceedings. mcba_county_procedures_3-31- Depending on the court, cases can be initiated electronically or by mail or drop off in an outside mailbox; mail is being held for 24 hours before...
Federal Court issues injunction against State of NJ in Medicaid case involving irrevocable annuity
Judge William Martini of the Federal District Court for the District of New Jersey has issued a preliminary injunction barring the New Jersey Division of Medical Assistance and Health Services (DMAHS) from treating a certain type of annuity contract as a countable resource in connection with a Medicaid application. The case is JANE CUSHING, by her attorney-in-fact, Evelyn Fornale vs. Jennifer...
NJ Supreme Court issues Notice concerning Courts and Cases
The latest release by the NJ Supreme Court outlines the latest rules concerning trials, scheduling, closings, and so on which will affect cases, lawyers and litigants throughout New Jersey. Cases can still be filed but numerous adjustments are being made to the deadlines and procedures. Emergencies can be addressed, and all matters are going to be handled by telephone or videoconferencing....
Resources to help you with COVID-19 related logistics
You are no doubt encountering questions and challenges right now related to everything from employment to health insurance to online bill-paying to gaining access to your loved ones in health care facilities.Here we compile some really useful sources and we hope you’ll take a few minutes to click through to find information you can use for your situation.
Resources from NJ Department of...
New Jersey Takes Action to Modify Medicaid Program for COVID-19
New Jersey’s Medicaid program normally has a lot of rules and red tape. Some of the rules relate to who meets the level of care for Long Term Services and Supports (LTSS) and some relate to financial eligibility. All of these rules require travel and manpower to implement that may not be available during this pandemic emergency.
Federal Medicaid law has a type of waiver of Medicaid...
3-night stay requirement waived for Medicare Part A subacute benefits
Medicare Part A covers post-hospitalization, subacute skilled care and rehabilitation benefits for individuals who were admitted to the hospital and remained as inpatients for at least three overnights. Upon discharge to a subacute facility with a need for ongoing skilled nursing or rehabilitative services, Medicare would cover up to 100 days of treatment including the room & board costs,...