Elder Law

This is my tribute to the elders in our communities who have been so terribly affected by  the COVID-19 pandemic restrictions. Untouchable; Alone (April 16, 2020 Central Jersey) (c) Linda S. Ershow-Levenberg , all rights reserved Untouchable. Alone. He wants his daughter. Every morning she brought coffee and some news. She would tell him of the books that she was reading, trim his hair, or...

Advocating for our clients in nursing homes during this pandemic has been uniquely difficult! What tools do we still have to help people watch over the delivery of care to their loved ones? Many rights are guaranteed, and right now much creativity is needed to protect those rights. You can still set up care plan conferences with the treatment team...

To say that the care-delivery system in New Jersey’s nursing homes in 2020 has been fraught with problems and perils is, of course, an understatement. Certain facilities are just now beginning to admit new residents, and many new procedures for infection control and care delivery have to be put in place. The NJ Attorney General announced on April 16th that he is embarking on an...

An important new Medicaid Communication (MedComm) was recently issued by the New Jersey Division of Medical Assistance and Health Services (DMAHS). As we had previously discussed, due to the COVID-19 emergency, Medicaid has loosened certain eligibility and post-eligibility rules. The MedComm explains and reconfirms our understanding of the changes in these areas: Terminations: If you were...

Previously we reported on concerns about whether the $1200 per person payments or the $600 unemployment enhancements that would be arriving via the CARES ACT would be counted as income or a resource which would affect the means-tested benefits being received under New Jersey’s Medicaid (NJ FamilyCare) programs. We’re happy to report that the Director of DMAHS has released a...

Increasing numbers of frail elderly are trying to arrange for care in their houses or apartments because admission to nursing facilities is so problematic at this time. About one third of the state’s skilled nursing facilities are considered to be incapable of appropriately isolating COVID-19 patients, and have been  barred from any new admissions. Of course, arranging for home care is...

The New Jersey Department of Health issued a comprehensive statement concerning triage and the care of COVID-19 patients in different kinds of licensed health care facilities. This is one among many directives issued in the past six weeks. Read the directive here: FinalAllocationPolicy4.11.20v2 As the patient is being treated, many decisions need to be made along the way, often in rapid-fire...

The State’s long-term care population are caught behind the proverbial rock and a hard place. Despite all efforts, COVID-19 has spread rampantly in the past 5 weeks through many if not most of the State’s long-term care facilities, as you have read in the newspapers and other media. The rules of the road keep changing and it can be hard to keep up with what’s been ordered by...

Governor Murphy this week signed into law S2333/A3910, an Act granting civil immunities to health care workers and facilities for actions taken in good faith during the declared state of emergency. The act also waives certain professional licensing restrictions and requirements on health care personnel to quickly expand the health care work force in an effort to ease the traumatic staffing...

What do you do if you can’t find the Will? Your loved one has passed away, you have pulled yourself through the mourning period, and now you are ready to tackle the estate. You remember that your loved one had a Will — maybe they kept mentioning it, or maybe you knew that they had signed it at their lawyer’s office at some point. You remember that they had told you they were...