The September 25th edition of the New York Times contained an informative article on how geriatric care managers can help adult children face a challenge which often seems overwhelming, both emotionally and mentally, and is always stressful: the job of caring for an elderly parent. The Times article described the caring challenge as follows: There.. read more →

On June 22, 2009, the United States Court of Appeals for the Second Circuit affirmed a federal district court’s ruling in Wong v. Daines, 582 F.Supp. 2d 475 (2008), holding that income received by an institutionalized person and then placed into a special needs trust is countable in determining the extent of Medicaid benefits to.. read more →

Like most other states, New Jersey’s system of regulating assisted living facilities provides little meaningful protection to residents facing involuntary discharge. Federal and state laws give powerful protections to nursing home residents, but not to residents of assisted living facilities, even though New Jersey’s Medicaid program pays for care in assisted-living facilities. As a result,.. read more →

On September 10, 2009, a federal district court in Northern California issued a preliminary injunction blocking significant cuts in California’s Adult Day Health Care program. Due to budget restrictions, up to 8,000 low income elderly and adults with disabilities were alleged to be at risk of institutionalization, hospitalization, injury or death because their daytime health.. read more →

The September 21, 2009 edition of amednews.com, the internet version of American Medical News, published by the American Medical Association, reported that the number of uninsured Americans increased by about 600,000 in 2008, despite government health programs such as Medicare and Medicaid enrolling about 1 million more people than they did the year before. Although.. read more →

The Department of Veterans Affairs (VA) has produced a free pamphlet which gives a useful, “down and dirty” summary of all  benefits and services offered by the VA. The pamphlet also gives toll-free phone numbers where applicants can get assistance, and the address for internet access to the VA’s website.  (By the way, the VA has.. read more →

Chief Justice Rabner has issued an order which approves amendments to the NJ Court Rules effective 9-1-09.  The changes to the Court Rules can be found here: Amendments to the NJ Court Rules Some of the rules pertaining to the Court Mediation Program have been modified.  They include: Provisions for the mediator to recoup any.. read more →

A recent article in the August 2009 edition of the American Bar Association (ABA) Journal (found here) identified mediation as a legal practice area that is thriving in these recessionary times. The article stated that businesses and private individuals seeking to avoid the high cost of litigation in the present economic downturn have turned to.. read more →

In a recent press release, the New Jersey judiciary announced that it is adopting an array of internet social media tools to keep lawyers, litigants and the public better informed of court developments. The court system now has a Twitter feed and uses cell phone text messages to send out breaking news alerts. These cover.. read more →

Following is an exchange posted on a electronic bulletin board devoted to the discussion of issues involving pension and compensation claims submitted to the Veterans Administration (VA): Q – How does the VA treat a resident of a continual care retirement community (CCRC) with regard to assets, income, and medical expenses when evaluating a claim.. read more →

In a ruling seen as a major setback for disabled individuals and their families, on September 1, 2009 the United States Court of Appeals for the Tenth Circuit granted summary judgment in favor of the State of New Mexico, affirming a denial of Medicaid benefits and holding that the State could consider a special needs trust.. read more →

Eligibility for improved pension benefits from the Department of Veterans Affairs (VA), including housebound benefits and aid and attendance benefits, is based, in large part, upon financial need. The VA considers an applicant’s income and resources (called the allowable “net worth” of the applicant), among other factors. However, there is no formula published by the.. read more →

In a recent administrative law case, Estate of M.M. v. Division of Medical Assistance and Health Services, OAL Docket No. HMA 13911-08N (Union County, May 27, 2009), M.M. was married to Mr. M. and had two daughters. In 2006, M.M. and Mr. M. sold their home in Elizabeth, New Jersey.  With the proceeds from the.. read more →

In a recent decision in a contested guardianship case, entitled In the Matter of Sutton-Logan, Docket No. A-5220-07T3 (App. Div., August 31, 2009), Ben Logan and Floretta Sutton-Logan were married in 1996; this was the second marriage for each of them. Both Ben and Floretta had adult children born during their prior marriages. In January.. read more →

Combining a series of related cases, a New York appeals court determined that five Medicaid applicants’ personal service agreements that provide lump sum payments for future services are transfers of assets for less than fair market value. Matter of Barbato v. New York State (N.Y. Sup. Ct., App. Div., 4th Dept., No. 711 TP 08-02216, Aug… read more →