Medicaid annuity planning is alive and well in NJ
When a person applies for Medicaid under the NJ MLTSS program after having made gift transfers during the most recent 5 years, there will likely be a penalty period in which Medicaid will not pay for the care that this person needs (unless the transfers were exempt, such as transfers to a spouse or disabled child). This transfer penalty is mandated by federal law, and the greater the amount...
Unsure about VA Burial? Now You Can Inquire in Advance.
Setting up meaningful funeral and burial arrangements is an important component of estate planning and end of life planning. Many veterans are unsure about whether they or their family members are entitled to burial in a VA Cemetery. Family members may not realize that VA burial is a possibility and may miss an opportunity despite the fact that service in the military was very important to...
Statewide Transition Plan for Disabled Finally Threading the Needle?
Stakeholders in New Jersey made their feelings known in a big way to State DDD officials on a new transition plan that New Jersey had to give to the federal government showing the State’s increased efforts to develop residential placements that integrate people with developmental disabilities and other enrollees in the community. It looks like the revised plan has satisfied the...
Palliative care in a nursing home setting
A person who moves into a nursing home is referred to as a “resident” for a reason — this is their new home. At the end of life, the health care representative (or the patient himself) may be wondering whether there is a way to ensure that he can “die at home” in his bed instead of in a hospital. Paving the way for a quiet end will require teamwork and...
“Can you just do a quit claim deed?”
“Can you just do a quitclaim deed?” is a common question brought to our office. Sometimes it’s a question by a child, other times by the spouse of the senior citizen homeowner. There’s a concern about “saving the house” when nursing home care is looming on the horizon. Leaving aside the complex question of whether such a transfer will disqualify the senior...
Guardian needs a Court Order to move incapacitated person out of State
Once a Court has ruled that a person is “incapacitated” and has appointed a Guardian of his person and property, the Guardian has many responsibilities and also, there are certain restrictions on what a Guardian may do. The details are spelled out in New Jersey’s laws and court rules. Also, each County may have certain specific procedures of its own. One of these limitations...
Yes, we can still honor our aging parents
I wrote this piece in 2003 as a letter to the editor of the NJ Jewish News, at the death of my friends’ father, who was a charming man I’d really enjoyed knowing in his last twenty years. Something reminded me of him recently, so I thought I’d republish it here.
“Last week, I attended the funeral of the father of my close friends. He was 86 years old and died of...
Protecting your family’s inheritance from their creditors
Perhaps you’ve heard friends talking about a “legacy trust” or a “family trust ” or a “bloodline trust.” These are all names for the same basic concept. You may be at a point in your life that you feel that you do not need to retain the ownership of all of your assets because you feel that you really “have enough.” You feel that you want...
For Qualified Income Trusts, Not All Bank Accounts Are Created Equal
Medicaid Long Term Services and Supports (MLTSS) in New Jersey pays for nursing home care for people with alzheimers disease, catastrophic disabilities and other serious difficulties with self care. The program requires any applicant with more than $2205 (three times the SSI amount–new for 2017) of gross income to make a Qualified Income Trust. Our office assists applicants with this...
“Granny cams” available through new State program
The New Jersey Division of Consumer Affairs, which licenses certified home health aides and provides a wide array of consumer protection programs, has announced a new program for individuals receiving home health care services. The Division will provide a micro-surveillance camera for thirty days at no cost to the consumer. The free service is not available to residents of health care...