Blog: News & Insights

Today I had the great fortune to participate in a case in which a person who has been under guardianship for six years had their capacity restored in full.  This kind of situation doesn’t often happen, but it’s really fabulous. This case started in 2010 when the parent and sibling came to me in an emergency to report that their loved one who I’ll call “X” had...

A person who has been appointed as administrator of an estate or Executor under a Last Will and Testament is appointed to their role by either the Surrogate’s Court or Surrogate’s office. I’ve previously blogged about the steps to take if a fiduciary wants to quit the job. Previously, it was necessary to file a formal Complaint in Superior Court on notice to the...

After the Governor and the Assembly leader resolved their Fourth of July Weekend Budget Kerfuffle, some positivity came out of it for Medicaid long-term care providers and beneficiaries. Nursing home reimbursements would be increased by $10.5 million, shifting funds from Managed Long-Term Services and Supports (MLTSS). This would be $5.25 million of state funds with an identical federal match....

Generally speaking, the Medicaid program is the payor of last resort. If an individual is eligible for Medicare as his or her primary health insurance, Medicare would be the primary payor for medical needs, and Medicaid would become the secondary payor for any remainder. If an individual maintains a “medi-gap” insurance policy, that policy would be secondary and Medicaid would be...

“What on earth is a QIT?” Under the New Jersey Medicaid program, there are some extra hoops to jump through when the applicant’s gross monthly income from all sources exceeds $2,205.00. This number is colloquially referred to as the “income cap,” and up until late 2014, it created a hard barrier to eligibility for home and community-based Medicaid services for...

“If I go into a nursing home, will the State take my house?” This is a commonly-asked question. The answer is “No, but …” If a person applies for long-term care Medicaid benefits, his available assets have to be below a certain level. The house he owns generally has to be listed for sale (called a “Plan of Liquidation”), but this requirement is waived...

Lauren Marinaro will present at an upcoming National Business Institute live seminar: Protecting Assets While Qualifying for Medicaid Date: Tuesday, August 15, 2017 Time: 9:00 AM – 4:30 PM Location: Molly Pitcher Inn 88 Riverside Ave Red Bank, NJ 07701 For more information or to register, please visit: http://www.nbi-sems.com/Details.aspx/R-76376ER%7C?ctname=SPKEM

There can be times that a dispute will break out among the members of a deceased person’s family on the subject of where and how to dispose of the body. Burial or cremation? This cemetery or that cemetery? Next to the first spouse (parent of the children) or next to the most recent spouse? And so on. New Jersey has a statute that actually deals quite directly with that problem....

As elder law attorneys, our clients have presented us with many difficult situations involving adult children or grandchildren who live in their houses. Sometimes a child has run into some hard times and sees the parent’s home as an economical option; the child may move into his parent’s house along with his spouse and children. Sometimes the child just never became self-sufficient...

When I first started filing Medicaid applications for my clients back in 1995, a person who needed long-term care services in the home or assisted living but had run out of money could not even apply for Medicaid if their gross monthly income was higher than the “income cap.” Of course, the income cap was well below the amount that was needed to pay for care, which meant that a lot...