NJ Supreme Court holds that Guardianship proceeding may be needed in midst of personal injury case
There are times that a personal injury action has been filed, but the plaintiff has cognitive impairments that impede his or her ability to fully participate in the litigation or understand the nature and impact of settlement discussions. In some instances, the cognitive impairment predated the filing of the lawsuit (or was allegedly caused by the negligent actions of the defendants). In other...
Age-Friendly Communities Conference Coming on March 11th
There’s a nationwide effort to encourage towns and cities to develop initiatives and programs that will make their communities more “age-friendly,” to encourage people to remain a part of the local community as they get on in years. Community initiatives have included outdoor upgrades such as better lighting, more benches, and better crosswalks, as well as expanded senior...
How to report a Social Security Impersonation Scam
A client of mine recently told me about a situation in which their dear family member was the victim of a scam. Luckily, my client was able to notify Equifax to freeze the victim’s credit, and was able to notify the victim’s banks to place a scam alert on the accounts. The concerned family member had previously been designated as Agent under Power of Attorney, which enabled her to...
Continuing Uncertainty about NJ Medicaid’s Treatment of Irrevocable Funeral Trusts
Several months ago I reported on problems that were cropping up for people with irrevocable funeral trusts who apply for NJ Medicaid/MLTSS to pay for their nursing care, home care or assisted living. The issue is that once the funds are paid and the contract is signed, the contract is irrevocable and the funds cannot be returned to the purchaser at that time. Based on this irrevocability, the...
Marinaro Joins NAELA Board, Continues as Co-Chair of Federal Policy Group
Lauren Marinaro has been selected for a two year term as National Board Member for the National Academy of Elder Law Attorneys (NAELA) for 2020-2022. NAELA is a national membership organization for attorneys that keeps its members informed and up-to-date on fast-breaking changes in the law — legislation, agency rules and court decisions — that would affect seniors and people with...
Self-settled irrevocable trust may count as a “Medicaid resource”
The Arkansas Supreme Court has just sustained a decision by the state Department of Human Services denying Medicaid eligibility due to excess resources. In this case, the Medicaid applicant had transferred her house and other assets into an irrevocable trust that gave the trustee discretion to expend trust funds for her own benefit. She applied for Medicaid more than 5 years after making the...
Medicaid Stakeholders Attend the Big MAAC
New Jersey FamilyCare’s Medicaid program has many components that serve different population groups of people who are aged, disabled or poor. Did you know that there is a Medical Assistance Advisory Committee (MACC) which meets regularly and is required to hold quarterly public forums? On February 5th, along with other members of New Jersey NAELA, I attended the first MAAC (Medical...
Elder Law is Elder Care
Your parents are aging. You’re worried about whether they’ll get the care they need.
What Can My Elder Law Attorney Do For Me?
If your family is struggling with the difficult decisions regarding nursing home placement or ongoing home care, the elder law attorneys at Fink Rosner Ershow-Levenberg can assist you with many of the steps in that process.
What to Expect in an Elder Law Consultation
At Fink Rosner Ershow-Levenberg, we begin our relationship with our elder law clients and their families with an initial consultation in our office in Clark, New Jersey.