Elder Law News

Are you helping someone to understand the purpose and use of an “advance directive for health care?” If the person doesn’t speak English as their first language, it can be tough to explain these abstract concepts in a way they will understand. Help is now available. There is a non-profit organization called the Institute for Health Care Advancement – ihahealth.org...

The Continuing Care Retirement Community or “CCRC” was a concept developed in the 1970’s to provide a community living environment for aging people that would enable them to ‘age in place” as their health care needs increased. Ordinarily, new residents start out in independent housing, then may migrate up to Assisted Living, and eventually, if necessary, into the...

When you make an estate plan, you take into consideration the needs of all the family members who you want to give a benefit for. One child may have disabilities and may or may not presently require government benefits. You may think that you don’t have much assets to leave behind for their lifelong support. Are you worried that they will be able to work to a degree, but not be able to...

Reverse mortgages are non-recourse loans in which the lender provides funds for the homeowner’s use now, but unlike a conventional mortgage, the loan doesn’t have to be repaid until the homeowner dies or vacates the premises. At that point, the property is sold and the loan is repaid along with the deferred costs and points. AARP has an excellent, easy-to-understand booklet about...

If you’ve been caring for your child who has special needs, you have deep personal knowledge of how your child behaves and responds. You know what they like and what they hate. You know what triggers an anxious or distressed reaction. It could be a flavor, a show, a color, or a person. As an aging parent, you are probably concerned about who will take care of your child when you are...

The recent New Jersey case of Estate of Bertha Polak is another good illustration of differing viewpoints among family members about the terms of intrafamily loans and whether there is an obligation to repay. This case arose during the estate administration process. This is an unpublished decision of the Appellate Division, meaning it isn’t precedential, but it gives the reader a good...

When a minor child loses a parent, typically the surviving parent is the legal guardian of the child. That can leave the parents of the child’s deceased parent in the lurch when it comes to visitation. They want to maintain the relationship they have forged with their grandchild. The New Jersey statute can be found at NJSA 9:7.1. The liberty interest of the surviving parent to raise the...

If you’ve been appointed as the Guardian of the Property (Guardian of the estate) for an incapacitated person, you probably know that you have a lot of authority and power regarding the ward’s assets. While you do have to file an annual accounting in New Jersey as specified in the Judgment appointing Guardian (NJSA 3B:12-42), in general the New Jersey probate court does not...

The Special Needs Trust Fairness Act of 2015 ( S-349) would correct an error in OBRA ’93, which was a major revision to the Medicaid Act that allowed Medicaid applicants or recipients under age 65 to make penalty-free transfers of their assets or income into a first-party Special Needs Trust for their sole benefit. To qualify for the exemption, the Trust had to be established by a...

Governor Chris Christie has vetoed A-4233/ S-2435 , which means that NJ doctors treating Medicaid can’t get paid for counselling their patients on end of life planning. Perhaps he’s pandering to the absurd claims made in the 2008 Presidential election that by paying doctors to assist their patients to understand the treatment alternatives and choices about foregoing treatment at...