What’s the Difference between an Assisted Living Facility and a Nursing Home?
An Assisted Living residence (“ALF”) is a facility which is licensed by the Department of Health and Senior Services, and subject to the regulations in N.J.A.C. 8:36, to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, to four or more adult persons unrelated to the proprietor. Apartment units offer, at a...
Avoiding the Risk of Medicaid Liens
Individuals who receive Medicaid to pay for nursing home care, assisted living or in-home care must meet stringent financial requirements. The non-excluded or inaccessible resources cannot exceed $2,000 at the time of application, and as of the first day of each successive calendar month, must be below that limit in order to maintain eligibility. What resources are “excluded” or...
Ershow-Levenberg Joins Union County Advisory Board on the Disabled
Did you know that Union County has an Advisory Board on the Disabled that advises County government on issues related to people with disabilities? The Board has eleven members, and Linda Ershow-Levenberg has just been appointed to the Board. Members who receive information from the public about disability-related challenges will present the information to the County Commissioners for...
A Guardianship doesn’t have to go on forever
A Guardian of the Person or Guardian of the Estate is appointed by a Court in a situation where an individual is found to be presently “incapacitated” and unable to manage their affairs regarding financial, residential, medical, occupational and other major decisions. If the individual previously signed a durable general power of attorney or medical power of attorney, there...
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...
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...
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...
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...