As a result of the advocacy efforts by several New Jersey elder law attorneys following a class action lawsuit filed against the State of New Jersey, New Jersey Medicaid’s penalty divisor will be increased to $9,535.62 per month, or $313.50 per day, effective April 1, 2014. The newly increased divisor shall be used for all new or pending.. read more →

Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs trusts are estate planning devices that are specifically permitted under federal and state Medicaid law, which further New Jersey’s public policy regarding the rights of the disabled. Types of SNTs: Special needs trusts may be “first party” or “self-settled” trusts (“d(4)(a).. read more →

All New Jersey guardians are appointed by the Superior Court of New Jersey. A “guardian” is a person appointed by a court to make decisions regarding the person or property of an incapacitated adult. A person is “incapacitated” under the law if he or she “is impaired by reason of mental illness or mental deficiency.. read more →

The court establishing a guardianship in New Jersey has an obligation to ascertain that the guardian, once appointed, is functioning in the best interests of the ward. To assist guardians in the performance of their duties, the New Jersey Judiciary, Surrogates’ Liaison Committee, has published a booklet entitled “Manual for Guardians” which provides an overview.. read more →

When our law office prepares a Last Will and Testament and other estate documents for a client, we usually conduct a signing ceremony and then give the client the original and one photocopy of the Will for their records. Other attorneys have similar procedures. On occasion, however, rather than provide clients with a photocopy of.. read more →

Frequently Asked Questions and Answers About Veterans Pension Who Can Help Me Fill Out the Forms? Any non-accredited individual may assist with completing the forms; however, this individual is allowed to assist ONLY one person. A VA accredited organization, such as your local State Veterans Office, VFW, or American Legion, etc. may help you, as.. read more →

When a veteran, or his/her survivor, has been awarded benefits from the Department of Veterans Affairs (VA) but is unable to manage his/her VA funds as a result of injury, disease, advanced age, or being under age 18, the VA appoints a fiduciary. The purpose of the VA’s fiduciary program is to ensure VA benefit.. read more →

A Special Needs Trust, sometimes called a Supplemental Needs Trust (SNT), is a trust designed to qualify or preserve the trust beneficiary’s eligibility for government benefits based upon financial need, such as Medicaid and Supplemental Security Income (SSI). These needs-based programs are often vital for the beneficiary of SNT, who is an individual with a.. read more →