HCBS Transition Meeting Gives State Food For Thought
On Thursday, February 19th, I attended the last public meeting for the HCBS Transition plan, which was held from 10 am to 12 pm in New Brunswick. I had wanted to testify as Chair of the Elder and Disability Section of the New Jersey State Bar Association about how I thought this plan would affect seniors and the physically disabled. I was #77 on the list–I never got a chance. The vast...
A Health Care Power of Attorney can be a useful tool
Most people are familiar with the general durable power of attorney (POA), a document in which one person appoints someone who can step in to handle their financial, legal and business type matters. Many people are also familiar with a health care proxy, by which one person appoints another person who is authorized to make the medical decisions for them when the doctors determine that the...
Designate a Guardian for your minor children in your Will
When the natural parent of a minor child dies, it is necessary for a guardian to be appointed. In New Jersey, the surviving parent has statutory priority to become the guardian. Sometimes there is no other parent. What happens? There is a race to the court house among the next of kin, and then litigation among the competing interested parties, who may be relatives on either side to this child,...
“Keep it Simple” by signing a Last Will and Testament
Countless times, clients have told me they just want things kept “simple” if they die. Yet they never signed any Last Will and Testament. Why? “too complicated.” I’ve had meetings with panicky children who are dealing with a health crisis or death of a parent, who have just learned that in mom or dad’s quest for “simplicity,” they had never...
What’s a Trust? and Who’s who?
Oftentimes, a client will come to talk to me and say “I want to put my assets into a trust.” My question of course is, What are you trying to accomplish? Who suggested it?What do you think a trust is?” Sometimes the answer is, “so my assets don’t get spent on a nursing home.” Often the client says,”I don’t want my assets to be spent on a...
NJ Tax Court again confirms – inheritance tax is based on what the Will said
Transfer Inheritance Tax must be paid in NJ when wealth is transferred at death to certain categories of recipients. There is no tax on transfer to charities or to “Class A” beneficiaries – these are spouses, lineal descendants and lineal ancestors as well as step children. However there is a tax of 11% on everything above $25,000 per person that passes to a sibling of the...
Veterans Administration proposes look-back for special pension program
Presently, the VA Special Pension program bases eligibility on a “snapshot” of the income, expenses and very low assets of the applicant as of the time of the application. There is no specific asset limit, no look-back or transfer penalty (unlike Medicaid), and the applicant’s income is offset by qualified recurring medical expenses to see if the remaining income is below the...
Special Needs Trust Fairness Act is up again in the House
The Special Needs Trust Fairness Act (https://www.congress.gov/bill/113th-congress/house-bill/2123) was introduced in the last Congress and was designed to allow individuals with disabilities to establish a Special Needs Trust for themselves so that they could transfer excess assets into the trust and preserve the assets while also remaining or becoming eligible for crucial benefits under...
Medicaid’s MAAC meetings are open to the public
The public is allowed to attend the quarterly meetings of the Medical Assistance Advisory Council (MAAC). The council provides input to the state Director of the Division of Medical Assistance and Human Services (DMAHS) in the design and implementation of the NJ Family Care/ Medicaid Long-Term Services and Supports programs. Federal law and State statute provides for the establishment...
Applicants need an advocate during Clinical Assessment for NJ Medicaid Services
The State of New Jersey has not yet proposed new regulations covering the details of its NJ FamilyCare MLTSS Medicaid program. However, the details can be found by reading the Contract which must be signed by a participating Contractor to the program. The Contract is 118 pages long. It does cross-reference certain federal and state regulations. Of course, an applicant first has to become...