Fingerprinting and other Personal Background Disclosures to be Required in Guardianship Applications
A guardianship action is a court case that is filed to ask a Judge to appoint a Guardian for an incapacitated adult. The court rules are specific about all of the procedures that must be followed when filing this kind of case. It is filed by an interested party in the Superior Court of the County where the alleged incapacitated person resides. Usually, the person who wants to be the Guardian...
Federal Court Rules that Married Same-Sex Widows are Entitled to Social Security Survivor Benefits
Despite the legalization of same-sex marriage in the United States on June 26, 2015, the effects of longstanding discrimination against the gay and lesbian community continue to linger at both the state and federal level. Many states legalized same-sex marriage prior to June 26, 2015, Arizona being one of them, and...
Governor Murphy Signs “LGBTQI+ Senior Bill of Rights” into Law
On March 3, 2021, Governor Murphy signed into law the LGBTQI+ Senior Bill of Rights, a sweeping civil rights law aimed at protecting New Jersey’s LGBTQI+ seniors living or thinking about moving into one of New Jersey’s 360+ long-term care facilities.
Legal Advice can Save you a Lot with a Medicaid Application
Nursing home residents are entitled to hire their own attorneys for legal advice about Medicaid applications (or any other matter). Here’s what can happen, though. The admissions department or business office of a nursing home frequently steers a new resident to a non-attorney Medicaid application preparation person or company, without disclosing the business relationship between the...
Adult Adoption is Some Very Happy Estate Planning
A few months ago I was able to do something a little different for an Elder Law attorney. I got to put through an Adult Adoption of an individual who essentially was a “child” to a couple but was not officially so. Doing this had some very strong upside for the couple’s estate planning in light of...
The Trust Document is Signed — Now what?
The signing of a Trust document is the start of a new process. A Trust isn’t just a “form.” It’s a legal structure with real consequences that has to be handled carefully in order to assure that the trust creator’s purposes can be achieved. If the Trustee uses the Trust’s funds in...
What Does it Mean to Disclaim an inheritance?
A “disclaimer” is a legal document which is signed by somebody before they receive property to which they are entitled from an estate or trust.
There are many situations in which a person is about to inherit money but doesn’t want to receive it for some reason, or wants it to go to somebody else....
Tell your doctor about the help you need at home with your adls
If a child who lives in your home with you is helping you with your ADL’s (functional activities of daily living), it’s probably a good idea to start documenting all of the things they do for you.
Long-range planning for long-term care often includes the potential use of long-term care insurance benefits...
Total dependence not required for a medicaid caregiver child exemption for house transfer
This post is about “Medicaid caregiver child house transfers,” as they are commonly known.
Readers of this blog know that when a person applies for long-term care benefits under the MLTSS Medicaid program, they will generally be denied benefits for a period of time if they transferred (gifted) assets...
24 days a year of therapeutic leave available to nursing home residents on Medicaid
When an individual who lives in a skilled nursing facility (SNF) is approved for Medicaid, a “Medicaid number” is assigned to that individual. This is the number that will be used for billing purposes by the nursing home, the pharmacy, the hospital, and other health care providers. The MLTSS Medicaid program pays for the skilled nursing facility at a specific daily rate as long as...