Family Caregiving is in the News
The subject of family caregiving for sick and elderly relatives has been in the news a lot lately. Many people need to modify their work schedules to provide transportation, prepare meals, give medicine or provide supervision for frail parents. One of the issues is the tremendous number of middle-aged women who leave their jobs to become full-time caregivers for aging parents. See...
Elder Law: Let’s Get Organized II
Click here to read Part I of this post now.
Every day, people conduct their lives using cash payments. They go to ATMs or they write checks to “cash” and get cash from a bank teller. They use cash for groceries, and to pay their gardeners, hairdressers, and snow shovelers. They hire people for home repairs big and small. They pay in cash for furniture or remodelling when the cash...
Elder Care: Let’s Get Organized
It’s possible that a few years from now, you’ll need to help someone apply for Medicaid to pay for assisted living, nursing home or home care. These applications are daunting. You can’t apply until the non-exempt assets are down to $2,000 or $4,000 (plus a protected amount for a community spouse), but the biggest challenge is dealing with the “5-year lookback.”...
Prefer caregiving at home? Save for that Rainy Day!
Most aging clients I meet with say that if they ever need to have someone take care of them, they’d prefer to stay at home as long as possible. For people in New Jersey, this wish poses major challenges. While there are scores of excellent companies that provide at-home companionship and certified home health aide services, there is very limited governmental support for those without...
What is “Medicaid Planning” all about?
With costs of nursing home care skyrocketing, aging middle class couples who saved for their golden years find that their savings start to vanish when one spouse needs 24/7 care. The community spouse may have many years of good health ahead of her, but could face poverty and dependency if she does not plan things out for Medicaid to take over the cost of her beloved’s care. Careful...
Ask your elder law attorney to review nursing home admissions agreements before you sign
When a person is moving into a nursing home for long-term care, there are many papers that are presented to them by the admissions office. While the resident has many federally-protected rights once they move in, at the time of entry the facility is asking them to sign a Contract which can be enforced in court. You should ask your elder law attorney to review the contract before you sign it,...
NJ Medicaid confirms that certain irrevocable immediate annuities are not resources.
When a person applies for Medicaid to pay for long-term care services, his resources must be less than a specific amount, which is generally $2,000 if the gross monthly income is less than $2,130, and $4,000 if the income is higher than that. “Resources” and “income” are treated differently. If the applicant owns an annuity contract, it may be counted as an excess...
NJ Medicaid confirms outright transfers to disabled kids cause no Medicaid penalty
Generally speaking, if a Medicaid applicant made gifts of assets during the 5-year look-back preceding her Medicaid application, eligibility will be denied for a period of time called a “transfer penalty.” There is a special exception to this rule for transfers that were made to disabled children.
In this case , M.C. v. Union County Div. Soc. Serv. And DMAHS, HMA- 8967-2013, the...
Multi-generational Living can be a lifesaver, but keep good records
Recent new reports show an uptick in the construction of “oversized” houses designed to accommodate three generations of a family. The aging or disabled parents may move in with their middle-aged child, and then the working child in their 20’s may move in as well to have a more affordable living arrangement. For the generation who are aging or have disabilities, who may need...
What is the Face of Medicaid?
Medicaid is considered a poverty program but it actually provides benefits to many middle class families. This is in the form of payment for long-term care in institutional and home-based settings. Medicaid also assists many disabled children, and disabled adults under 65. The “face” of Medicaid is as diverse as New Jersey itself!!
Fink Rosner Ershow-Levenberg LLC can help you navigate the...