According to a recent study published in the June 22, 2009 edition of the Archives of Internal Medicine , less frequent participation in social activity among older adults is associated with a more rapid rate of motor function decline. Although the loss of motor function is a common consequence of aging, with older persons displaying.. read more →
The Wall Street Journal published an article today discussing the increasing number of couples separating and divorcing as a result of financial hardship brought on by the recession. Yet, according to the Journal, the recession also is causing some unhappy couples to rethink their marital situation, since a costly divorce would only further deplete already-shrunken.. read more →
The Office of Disability Adjudication and Review (ODAR) administers the hearings and appeals program for the Social Security Administration (SSA). The ODAR has ten regional offices, 141 hearing offices, a national hearing center, and five satellite offices. There are approximately 1,100 Administrative Law Judges and 4,900 support staff in the field organization. New Jersey, along.. read more →
Burial benefits from the Veterans Administration (VA) are payable only under certain conditions (see below from the excellent website maintained by the VA). You may be eligible for a VA burial allowance if: you paid for a veteran’s burial or funeral, AND you have not been reimbursed by another government agency or some other source,.. read more →
In a case pitting the family of a special needs high school student against the school district that had been ordered to pay the student’s hefty private school tuition, the U.S. Supreme Court ruled that, when schools do not appropriately identify and provide services to students with disabilities who require special education and related services,.. read more →
In a 2007 U.S. Bankruptcy case from the District of Minnesota, a bankruptcy trustee unsuccessfully attempted to avoid the transfer of a disabled woman’s inheritance into a special needs trust established for the disabled woman. The debtor in Schultz v. Sullivan, 368 B.R. 832 (D. Minn. 2007), was a disabled adult receiving benefits under a.. read more →
Elder conflicts typically involve disputes among adult siblings about issues surrounding an aging parent’s changing care needs and medical treatment; the independence issues that accompany the aging process, including housing and living arrangements; and issues regarding financial management and the elder’s estate plan. Caregiving/Healthcare Issues How will the family members divide responsibility for the elder’s.. read more →
With more Americans living well beyond their 70s, more adult children are now left in a position where they have to be caregivers for their aging parents. “There’s a greater likelihood today that, as a 55-year-old, you will have surviving parents, than there was say in the 1920s when both parents passed away before you.. read more →
An accredited VA attorney is an attorney who has been granted the authority by the Department of Veterans Affairs (“VA”) to prepare, present and prosecute claims for veterans benefits before the VA. Accreditation refers to the authority granted by the VA to those attorneys who meet the standards established by the VA. VA’s stated purpose.. read more →
A New York trial court allows a guardian to conduct Medicaid planning on behalf of his ward, his great aunt, but requires that gifted money be put into a trust for the aunt’s personal needs. in-matter-of-ml (N.Y. Sup. Ct., No. 924XX/08, June 2, 2009). Matthew S. was appointed guardian of his great aunt, M.L., who.. read more →
Here is a recent discussion thread on a mediation listserv concerning the effect of an affair on a marriage today. Q – I find that far fewer couples than I expected come to divorce mediation because of an affair. I wonder if that is true for you as well? For those of you who litigate.. read more →
A May 27, 2009 Administrative Law decision in Georgia addresses the impact of Veteran’s Administration (“VA”) Improved Pension with Aid and Attendance benefits on Medicaid eligibility. M.W. v. Georgia Department of Human Resources, reprinted here, concerns a nursing home resident who was the surviving spouse of a veteran and who was receiving Improved Pension with.. read more →
The International Network for the Prevention of Elder Abuse (INPEA) is an organization, founded in 1997, dedicated to the global dissemination of information as part of its commitment to the world-wide prevention of the abuse of older people. INPEA’s mission is “to increase society’s ability, through international collaboration, to recognize and respond to the mistreatment.. read more →
In a recent survey, 68% of Certified Divorce Financial Analysts (CDFA) contacted from across the country indicated that they have clients who could not afford to get divorced because of recession-related financial problems, with 63% of responding CDFA saying that the number has increased since the previous year. The professionals surveyed believe this will result.. read more →
I copied the following dialogue from an elder law / estate planning listserv in which the participants were discussing strategies that they claimed veterans could use to qualify for VA Aid and Attendance benefits. Do you think the suggested strategies would work? Q – Does anyone have knowledge or experience on how the VA is.. read more →
Under the law passed by President Bush, the Economic Growth and Tax Reconciliation Act of 2001 (“EGTRA”), there is no estate tax in 2010, and estates pay only capital gains tax; then the estate tax returns with a $1 million exemption in 2011. President Obama wants to prevent this one year gap by making the.. read more →
According to the June 8, 2009 edition of the Star-Ledger newspaper, two-thirds of New Jersey’s hospitals stand to lose money under a proposal that would change how the state doles out $400 million for patients on Medicaid. The change, slated to occur this August, has nothing to do with New Jersey’s budget woes. It’s being.. read more →
Veterans may be eligible to receive up to $1,949 in non-taxable monthly income from the VA to pay for home health care, assisted living facility care, and nursing home care. To receive the improved VA benefits, the following criteria must be met: (1) the veteran must have served at least 90 days on active duty.. read more →
The Veterans Health Administration (VHA) operates and maintains a nationwide network of medical treatment centers, medical research centers and information resource centers. Through its nationwide network of facilities, the VHA provides inpatient and outpatient care, geriatric evaluations, nursing home care and domiciliary, home health, adult day, residential / respite care programs for veterans. To receive.. read more →
In the May 27, 2009 Initial Decision of Estate of M.M. v. DMAHS, a New Jersey administrative law judge (“ALJ”) made noteworthy decisions regarding two Medicaid topics: (1) increasing the Community Spouse Resource Allowance (“CSRA”); and (2) rebutting the presumption that a transfer of assets was made to establish Medicaid eligibility. In the Estate of.. read more →
As I had reported in my March 4, 2009 post, found here, a New Jersey administrative law judge (“ALJ”) in the E.F. v. DMAHS case had held that an annuity purchased by a community spouse with retirement assets from the community spouse’s IRA was exempt in determining the institutional spouse’s nursing home Medicaid eligibility. I.. read more →
When developing your estate plan, it is important to recognize the possibility that, after your death, that plan could be challenged by those who expected more favorable treatment from you under your Last Will and Testament. For example, if you choose not to leave your estate equally to all of your children under your will,.. read more →
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