Long Term Care Insurance — It’s All about the Contract
If you purchased a long-term care insurance policy, (LTCI) make sure you keep that contract and the annual update notices in a safe, accessible place and that you let your important persons know where they can find these papers. When it comes time that hands-on care, supervision and cueing are required, it will be necessary to scrutinize the contract to see just what conditions must be met to...
After the Wedding Bells Have Rung Again, Update your Estate Plan
It is surprising how often we hear of situations in which a person passed away unexpectedly or had a catastrophic accident or stroke, and various family members or good friends start trying to find out information or even start trying to gain access to assets without any authority to do so. Oftentimes, energy is fruitlessly spent before legal advice is obtained. Sometimes, tremendous fights...
Sometimes, Arbitration Clauses in Nursing Home Contracts aren’t Enforceable
It’s very common for nursing home and assisted living contracts to contain a section in which the applicant is asked to consent to arbitrate any dispute with the facility. By consenting to arbitration, the individual waives his or her right to file suit for damages or breach of contract, or other matters, in the court system. Lately, those contracts frequently have a statement that...
LifeTown: a special downtown for individuals with special needs
An innovative community service for people with special needs was recently opened in Essex County called “LifeTown: The Jerry Gottesman Center” in Livingston. It’s like a mini-mall filled with shops such as a pet store, a book store, a bank, a movie theater and a food market, as well as recreational venues including a music studio, basketball court and more. Evidently...
Continuous residence in USA not prerequisite for Medicaid eligibility for previously-qualified alien
One of the threshold eligibility requirements for Medicaid has to do with legal status. N.J.S.A. 30:4D-3(q)(1)(a). If a person is an alien (non-citizen) with the status of a Legal Permanent Resident (LPR) (“green card holder”) who was present in the United States prior to August 22, 1996, s/he is eligible to apply for Medicaid (and receive “full Medicaid benefits” if...
Persistance paid off for Eligible Medicaid Applicant
Here is a recent case that is interesting because of its detailed description of the prolonged delay in the processing of an application for MLTSS Medicaid benefits, which was followed by the agency’s failure to really look at the information submitted and an abrupt denial of benefits that could have caused horrendous consequences. The Appellate Division reversed, in a decision that is...
What happens next if the Power of Attorney Resigns?
The resignation of the named agent under a signed Power of Attorney document can create mischief and delay in the management of the daily life and financial affairs of the person who has depended on that agent. Of course, ideally the document names a successor who is still available, and ideally, the agent won’t just drop the ball and leave the principal in the lurch. Ideally, they will...
A title search is a useful tool in elder care planning
“My Mother wants to transfer the house to us.” Preserving family assets through transfers of ownership is part of the big picture of elder care legal planning. We look at who owns what, how it’s owned, whether there are any restrictions or liens, and how to cover the costs of care after assets are transferred. From time to time a client has a different ownership interest in...
The QIT requirements in New Jersey are a minefield – tread carefully!
The Medicaid program that pays for long-term services and supports (MLTSS) for nursing home care, assisted living and home care services is available for applicants whose income is less than the cost of care, as long as their resources (assets) don’t exceed the prescribed limits. We still hear from clients that they’ve been told that “you can never apply for Medicaid because...
The Tender Talk about End-of-Life Planning
A regular part of the estate planning process involves a discussion with the client about selecting a line up of trusted individuals to serve as the client’s medical decision-makers. If the doctor determines that the patient has become incapacitated, there needs to be a designated proxy who can act on the patient’s behalf. Ideally, this person was selected by the patient beforehand...