Special Needs Trust can’t be created by beneficiary’s agent under power of attorney
Federal law allows a person who receives or is applying for Medicaid or Supplemental Security Income (SSI), which are means-tested programs, to transfer their excess resources into a Special Needs Trust that was “established for the sole benefit of the disabled individual by a parent, grandparent, legal guardian or the disabled individual or a court.” 42 U.S.C. 1396p(d)(4)(A)...
Banks are pummeling their customers with aggravating procedures
Many of our clients are aged and many of our clients are fiduciaries for other people in roles such as Agent under Power of Attorney, Estate Administrator or Executor. NJ Rev Stat § 46:2B-19 (2013) In a typical week our clients have to ask banks to provide documents and services that are required to enable the client to file an application for public benefits, pay expenses for an estate,...
What Can Your Elder Law Attorney Do for You?
If your family is struggling with the difficult decisions regarding nursing home placement or ongoing disability, Medicaid eligibility, or a need for in-home care, the elder law attorneys at FRE-L can assist you with many of the steps in that process. You may be wondering whether to engage an elder law attorney or to work with an application processer recommended by a nursing home. First and...
2015 Medicaid numbers now available
http://medicaid.gov/medicaid-chip-program-information/by-topics/eligibility/downloads/2015-ssi-and-spousal-impoverishment-standards.pdf
Starting January 1, 2015, the Community Spouse Resource Allowance (CSRA) for the community spouse of a married Medicaid applicant is being raised to $119,220 from $117,240.00. This is the amount of countable available resources that the community spouse can...
It’s official: NJ Qualified Income trusts are needed for high-income Medicaid applicants as of 12/1/14
I am sure you’ve seen or heard about the changes coming to the NJ MLTSS Medicaid program with respect to applicants whose gross monthly income exceeds the “income cap,” which is presently $2,163. I’ve blogged about this over the last few months. Well it’s official now – the State has confirmed that December 1 is indeed the date in which this new procedure...
NJ Medicaid issues Guidance on new Qualified Income Trusts
I previously posted about the upcoming changes to the New Jersey Medicaid programs that pay for nursing home care and home and community-based services (HCBS) for people whose gross monthly income exceeds $2,163. This amount was formerly called the “income cap,” and people in that group could only receive Medicaid benefits in nursing homes. That was under the “Medically...