We Respect Our Aging Parents by Helping Them Plan for Future Needs
Could this be you? You’re in your thirties or forties, with several active children and a busy social and business life. You’ve got volunteer activities and school programs to keep track of. Your parents are in their seventies or eighties, have their own home, and appear to pay all their bills when due. You have no idea what your parents’ income or assets are because they don’t want to bother...
More formality may be better with intergenerational households
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 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...
We Respect Our Aging Parents by Helping Them Plan for Future Needs
Could this be you? You’re in your thirties or forties, with several active children and a busy social and business life. You’ve got volunteer activities and school programs to keep track of. Your parents are in their seventies or eighties, have their own home, and appear to pay all their bills when due. You have no idea what your parents’ income or assets are because they don’t want to bother...
Don’t guarantee that nursing home bill unless you plan to pay it
When an individual moves into a nursing home for long-term care, there are an array of admissions documents that get signed. These include everything from personal preferences information to insurance and financial disclosures, medical releases, selection of physicians etc. One of these documents contains the contract for payment for the services being rendered.
Typically, the contract...
Agent under Power of Attorney Can’t Stand in for Party to a Divorce Action in NJ
In a decision published yesterday, a New Jersey judge has ruled that a party to a divorce case cannot avoid the need for their personal participation by having their agent under Power of Attorney appear on their behalf. The case of Marisco v. Marisco, Chancery Div.-Ocean Cy., docket no. FM-15-1152-13-N (Jones, L. R., J.S.C.) involved a divorce action between a husband and wife in their...
Limited Guardianship: A Liberating Concept
When a petition for guardianship is filed in NJ, the examining physicians, the court-appointed attorney for the alleged incapacitated person, and the Court are required to consider whether the person lacks the capacity “to care for himself” and to “manage his affairs” in some or all domains. See N.J.S.A. 3B:12-24.1b (the statute) and N.J. R. 4:86-2(b) and 4:86-4(b)...