Medicaid applicant gets penalty period for cash transactions
Followers of this blog know that if a person applies for Medicaid to pay for nursing home care (or assisted living or home care), they have to provide five years’ of financial records and prove to the agency just what they spent every dollar on during the five year look-back period which immediately precedes the application. If the applicant can’t prove that the dollars were spent...
When the caregiving ends, new problems to tackle as Executor
In our legal practice, we advise many family caregivers who are managing and supporting the lives of their frail loved ones, and we also advise executors in the administration of estates. Very often, the person who was our client in their role of caregiver is now the client in the role of executor. It’s a very tender time when that transition occurs.
They may have spent years involved...
A disinherited spouse could have a medicaid problem
When a person applies for Medicaid benefits, a five-year look back is done by the county board of social services to see if the applicant had given away any assets that they owned or to which they were entitled. If that occurred, it’s referred to as a “transfer of assets” or “uncompensated transfer of assets,” and the result will be a penalty period in which the...
Family caregivers and decisionmakers in the complex care of dementia patients
Tha AARP and the National Alliance for Caregiving report that there are 40 million Americans taking care of family members with dementia such as Alzheimer’s Disease, cancer, and other debilitating chronic diseases, or physical disabilities, and that 25% of the caregivers are under 35 years old. The medical issues can be complex. There can be myriad medications to manage and the side...
Distributing an Estate? Watch out for child support judgment liens
The Executor of an Estate (named under the Last Will and Testament) or Administrator of an Estate (appointed by the Court because there was no Will or the Executor couldn’t serve) has an obligation to take care of all of the bona fide creditors of the estate before distributing the rest and remainder to the beneficiaries or heirs according to what the Will specifies or the law requires....
Aging in Place: Make a Plan, Assemble your Team
“No matter what, please keep me out of a nursing home!” How often do people hear their parents say this, as the parents enter their most senior years. The reality is that aging in place is a complex but achievable endeavor for most people. Whether you are the person who hopes to “age in place,” or you are the person who will have responsibility to make it happen, you...
The new New Jersey Uniform Trust Code and Special Needs Trusts
The new uniform trust code which goes into effect in New Jersey on July 17th has a section dedicated to “special needs trusts.” See NJSA 3B:31-37. The section concerns both first-party trusts (often called “Special Needs Trusts” or even “d(4)a trusts,” referring to the section of federal Medicaid law which authorizes them) and third party trusts (often...
The NEW New Jersey Uniform Trust Code arrives July 17th
New Jersey has adopted a new Uniform Trust Code which you’ll find at N.J.S.A. 3B:31-1 et seq. (Public law 2015, chapter 276). It was signed into law on January 19, 2016 and will take effect on July 17, 2016. The law has wide-reaching implications. It applies to existing trusts as well as trusts that come into existence after the effective date. If you are the trustee of a trust, or a...
Court dismisses challenge to “over-60” bank accounts
Under a case just decided in New Jersey, banks can continue to offer senior citizens the benefit of bank accounts with special favorable terms. BCB Banccorp Inc. and BCB Community Bank operate in New Jersey and offer a variety of personal checking and savings accounts for their customers. Among these options are five types of personal checking accounts which are only available to customers who...
When Hiring In-Home Caregivers, Consider the Legal as well as Personal Issues
Under New Jersey law, the field of home care services is regulated by the NewJjersey Department of Health, and the copious regulations can be found in N.J.A.C. 10:60. Home health aides and home health nurses are credentialed by the NJ Board of Nursing. The requirements for licensure of Home health care agencies can be found at N.J.A.C. 8:42, Home Health Agency Licensing Standards. By 2017, all...