Petitions for Guardianship can still be Filed despite current difficulties
Advance planning with powers of attorney and health care powers of attorney is a good way to ensure that there is an authorized person to handle things and make decisions should a person become incapacitated due to stroke, accident or dementia. Of course there are plenty of situations in which no such documents were ever signed. When a person without such planning documents becomes...
Estate Administration When there is no Will
What do you do if a person passes away without a Last Will and Testament?
A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also specifies who receives what, and in what way. The estate of someone who dies without a Will is called “intestacy” or “an intestate estate,” which is Latin for “without a Will.” If a person owns assets that...
Be Precise when designating charitable beneficiaries in your Will or Trust
A Last Will and Testament is called “Last” because it’s the presumed final statement of the wishes of the person who has passed away. The terms need to be in writing and duly signed, witnessed, and notarized according to the law. (New developments to facilitate electronic signatures are a topic for a different day) These requirements are there in an effort to ensure that...
Employing Family Caregivers at this time when Home Care is More Necessary than Ever
You may wonder, “can I employ my daughter if she is living with me?” According to the National Bureau of Labor Statistics, there were over 3 million personal care aides and home health aides in the labor force in 2018, the most recent year for which data are available. In the State of New Jersey, over 41,000 people were employed in this occupation. AARP’s 2016 national survey...
Medicaid Fundamentals
MEDICAID FUNDAMENTALS
When needing long-term care, Medicaid is available for in-home care as well as nursing homes.
by Linda Ershow-Levenberg,...
The Medicaid Fair Hearing Process
Real Estate Transactions in Elder Law : To Transfer or Not to Transfer Property
You have only 20 days after getting a decision to request a Medicaid Fair...
Medicaid Eligibility Changes
Medicaid Eligibility SinceThe Deficit Reduction Act (DRA) Of 2005, s.1932, CHAPTER 2by Linda Ershow-Levenberg, Certified Elder Law Attorney (C.E.L.A.)Updated August, 2020Practice Area: MedicaidSeniors and their families need to be aware of the legal landscape for individuals who potentially will require nursing...
Medicaid Application for Nursing Home Care
What's Involved in a Medicaid Application for Nursing Home Care
Medicaid benefit applications must include five years of financial information.
by...
Medicaid Benefits Termination
What To Do If Medicaid Benefits Are at Risk of Terminationby Linda Ershow-Levenberg, Certified Elder Law Attorney (C.E.L.A.)Updated August, 2020Practice Area: MedicaidA married nursing home resident has been on Medicaid for years. His “community spouse” passes away. What will happen next?An unmarried Medicaid...
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) and Special Needs Trustsby Linda Ershow-Levenberg, Certified Elder Law Attorney (C.E.L.A.)Updated August, 2020Practice Area: Special Needs TrustsIn certain circumstances, a disabled child under the age of 22 cannot obtain Social Security Disability child’s benefits on...