Third Circuit rejects State’s claim that short-term annuities can’t meet Medicaid requirements
The Third Circuit federal Court of Appeals has just issued a precedential decision concerning Medicaid planning strategies that involve the purchase of short-term, immediate, irrevocable, unassignable annuities. Zahner decision The case is called
ANABEL ZAHNER, by her agent Raymond E. Zahner; ESTATE OF DONNA C. CLAYPOOLE, by Mitchell R. Claypool, Executor; CONNIE L. SANNER, by her agent Jamie...
Ideas for transition plan for orphaned adult children with intellectual disabilities
There was a time when people who had developmental intellectual disabilities such as Down Syndrome rarely lived past their 20’s. With medical progress, many of these individuals will be blessed with a reasonably normal full life span. This presents major challenges for their parents or guardians, for the child could outlive the parent and lose that critical source of familiar lifestyle...
There are some limits on what Guardians in NJ can do without court approval
A Legal Guardian is a person appointed by a court to be the decision-maker for a person who is incapacitated as defined by law, and unable to manage all or some of his/her affairs. The court rules provide the complex procedures (N.J. R. 4:86-1 et seq), but the powers and duties of the guardian, as well as further details about how the court has to handle the case, are found in the statutes,...
Learn about dementia: seek the diagnosis, then develop a care plan
“Dementia” is a descriptive diagnosis, but by itself is not a specific diagnosis of the cause of the condition. There is some underlying disease process that is causing death of brain cells, and the type of process explains just what is happening to the different parts of the brain and what the trajectory is likely to be. Alzheimer’s dementia, Lewy body dementia,...
National Senior Citizens Day was August 21st
National Senior Citizens Day was proclaimed by President Ronald Reagen in 1988. Proclamation 5847 began with this: “Throughout our history, older people have achieved much for our families, our communities, and our country. That remains true today, and gives us ample reason this year to reserve a special day in honor of the senior citizens who mean so much to our land.” It became a...
Transfers during the look-back merely raise presumption of intent to qualify for Medicaid
When a medicaid application is processed, five years’ of transactions are examined, and among other things, they look to see if there were uncompensated transfers or “gifts.” The agency then must presume that the transfers were made for the purpose of expediting eligibility, and can impose a transfer penalty for the gifts. You are entitled to a Fair Hearing at the Office of...
Watch out for “observation status” if patient will need skilled care after discharge
If you’ve been an advocate for a person who enters the hospital for treatment and then is discharged to a nursing home several days later, you know that after a three-day hospital admission, Medicare Part A can pay for up to 100 days of skilled nursing and physical/occupational/other therapy in a subacute or rehabilitation facility, provided that the patient requires that level of...
Giving Trust Beneficiary a debit card can cause a special needs trust to be “available”
Special Needs Trusts are established with the assets belonging to a disabled person, and if they are properly structured and properly administered, the assets won’t be countable as “resources” and the distributions won’t be countable as “income.” This is particularly important when the beneficiary depends on Medicaid, SSI, DDD and other means-tested...
Review your old special needs trusts before it’s too late
Laws change. Sometimes, federal law stays the same and state laws implementing it change. State statutes may remain the same but the state regulations change. State regulations may stay the same, but the executive branch agency issues advisory memoranda which change the procedures. That’s what occurred back in 2001 when the State of New Jersey Division of Medical Assistance and health...
Get ready for a wild ride when filing a NJ Medicaid application
Growing old doesn’t mean that people stop taking care of their family members and think only about themselves. Families expand. Children may enter second marriages. The grandchildren get married. A child may run into financial trouble, lose their job or become medically disabled. Loving families support each other and that often means that people will share their home with the next...