How to Navigate Medicaid Estate Recovery in New Jersey
Estate Recovery (ER) in New Jersey is not just misunderstood: it’s infamous. This post breaks down the key points from my recent presentation to the New Jersey State Bar on Medicaid Estate Recovery, focusing on what makes New Jersey unique, why families need to plan ahead, and what strategies can help protect assets when Medicaid becomes part of the long-term care story.
What Medicaid...

Not all Powers of Attorney are Created Equal
A durable power of attorney lets a trusted person, often called an agent, handle legal and financial matters when a senior (or anyone) cannot act alone to do their everyday business tasks. It is one of the most useful planning tools a family can have. Still, not every power of attorney is strong enough for elder care and elder law planning.
Many families rely on a basic form from the internet...

Caring for an Aging Loved One at Home: Legal and Financial Options in NJ
Many families prefer caring for an aging loved one at home rather than moving them into a nursing facility. Home care helps seniors stay comfortable, maintain independence, and remain connected to the people and places they love.
At Fink Rosner Ershow-Levenberg Marinaro, LLC, we work with families across New Jersey who are navigating these decisions every day. We understand that keeping a...

Medicare vs. Medicaid: Understanding Who Pays for Long-Term Care
If you’ve ever heard someone say, “Don’t worry, Medicare will cover the nursing home,” you’re not alone. It’s one of the most common misunderstandings families carry into a crisis, and it can lead to expensive surprises at the worst possible time.
Here’s the reality: Medicare is medical insurance, and it can help with short-term medical care and...
Medicaid Inheritance Rules: What New Jersey Recipients Need to Know When They Receive Assets
When someone receiving Medicaid benefits in New Jersey suddenly learns they’re about to inherit money or property, they have a complex legal situation that requires immediate attention. Understanding the impact of an inheritance on medicaid eligibility becomes crucial to maintaining vital healthcare coverage while potentially preserving the inherited assets.
Understanding New...

Can My Real Estate Transfer Affect My Eligibility for Medicaid?
When planning for long-term care and Medicaid eligibility, one of the most significant concerns for seniors and their families is how property transfers might affect their benefits. Understanding the relationship between real estate transfers and Medicaid eligibility is crucial for proper estate planning and ensuring access to necessary care.
Understanding Medicaid’s Look-Back Period...
What is a Special Needs Trust and How Could Your Child Benefit?
Planning for the future of a child with disabilities involves unique considerations. One essential tool that can provide significant benefits is a special needs trust. This type of trust can ensure that your child has the supplemental financial resources they need without jeopardising their eligibility for means-tested government benefits. In this guide, we will explore what a special needs...
New law sets requirements for home caregiver employment in New Jersey
Home health care is a huge industry in the USA with over 3 million workers in 2022. The US Bureau of Labor Statistics estimates that jobs will grow by 22% over the next 8 years. New Jersey has thousands of in-home caregiver employees. Many seniors are trying to “age-in-place” and they hire caregivers to help them with their functional tasks of daily living. On January 12, 2024, New...
Tips for Elders who are Moving in with their Children
Planning When Parents Move in with Their Children
The years flash by and one day the family starts talking with their aged parents about moving the parent(s) to live with a child. It’s a good idea to talk about this with an elder law attorney because we can identify many issues to be considered. Here are a few of those issues, with general suggestions. Each person’s situation is...
New Bill introduced to Protect Long-Term Care Residents from Exploitation
State Senator Joseph F. Vitale (D – Middlesex) and Sen. Robert W. Singer (R-Ocean), who are strong advocates for New Jersey’s senior citizens, have co-sponsored a new bill to address problems that keep occurring in certain of New Jersey’s nursing homes. In our elder law practice, we have encountered situations in which financial officers of nursing home corporations...
