Keep track of Trust documents!
I had a meeting recently with a client whose spouse had set up an irrevocable life insurance trust (ILIT). The client is the beneficiary of the Trust. The Trust owned a substantial life insurance policy on the spouse. The spouse died 15 years ago, and the insurance policy was promptly paid to the Trust. The client is the Trustee, and established a brokerage account with the funds. The client...
Guardians and Agents under Powers of Attorney (POA) need to be aware of upcoming deadline for municipal lead paint inspection of NJ rental property — owner-occupied isn’t exempt
In 2020 according to one set of data, there were about 550,000 2- and 3-family rental properties in New Jersey. Many seniors own such buildings and live in one of the units. At a certain point in later life, they may be depending on their children (or others) as Power of Attorney or court-appointed Guardian to manage their finances and property. An important deadline is fast approaching that...
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...
Medicaid for Long-Term Nursing Care: A Guide to Qualification and Application Process
At Fink Rosner Ershow-Levenberg Marinaro, LLC, we understand the complexities and emotional challenges involved in planning long-term nursing care. As elder care law lawyers, we’re here to guide you through the Medicaid planning and application process, ensuring you always receive the support you need.
Understanding Medicaid Long-Term Services & Supports (MLTSS)
Medicaid is an...
NJ Medicaid announces updates to financial eligibility numbers – here’s why it matters
The Medicaid program which pays for nursing home costs and for care in the community is called MLTSS – Medicaid Long Term Services and Supports. An applicant has to meet the specific financial requirements for income and assets (resources). These financial limits get updated every year. Some numbers go up in January, and others in July. This post reviews the numbers that are changing...
What Types of Guardianship Are Available in New Jersey
Guardianship is a legal arrangement that allows one person (the guardian) to make decisions on behalf of another person (the incapacitated person) who is unable to make those decisions for themselves. It is a critical tool in ensuring the welfare and protection of vulnerable individuals who are incapacitated due to age, illness, disability, or other circumstances. A Court proceeding is always...
Ways That Guardians Can Protect the Well-being of Persons Under Guardianship
A court-appointed Guardian has the authority and responsibility to protect the legal rights of the incapacitated person. This post discusses some of those rights.
Medicaid planning and guardianship
Medicaid is a government-funded healthcare program that provides essential coverage to low-asset individuals, including nursing home residents. Medicaid planning involves strategies to legally...
Tips for Elders who are Moving 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 unique of course, and this article isn’t...
Honoring Those Who Have Served
On this Veterans Day we want to express our appreciation for the selfless military service to our country that’s been provided by our clients, their family members, their friends and acquaintances, as well as those veterans we don’t know personally. Every era in American history has had its unique and awful challenges. Our veterans took on burdens and responsibilities for the...
Caring for Children with Special Needs: 10 Legal Tips for Securing Their Future
Securing the future for children with special needs requires careful legal planning and foresight. As disability law attorneys based in New Jersey, we are wholly dedicated to representing clients who are caring for people with special needs.
With this responsibility in mind, we believe it’s important to share these 10 legal tips for securing the future of children with special needs.
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