(I recently ordered a free DVD from the American Bar Association (ABA). That’s right; it was, surprisingly, actually free. And, another surprise, it has been quite good so far. In addition, the written materials included with the DVD in PDF format are excellent. The DVD, entitled “A Primer on Veterans Administrative Law, Practice and Procedure,”.. read more →
In the Estate of Rosa M. Mendoza v. Trenton Psychiatric Hospital and Department of Human Services, Division of Mental Health Services, N.J. App. Div. No. A-1553-07T2 (July 20, 2010), the Superior Court of New Jersey, Appellate Division, affirmed a decision of NJ’s Department of Human Services (DHS) which approved the recommendation of the Compromise Panel.. read more →
Following is an exchange posted on a electronic bulletin board devoted to the discussion of issues involving veterans pension and compensation claims. Question: Have you heard that once a veteran is approved for VA Pension benefits with Aid and Attendance supplement, he/she also gets free or discounted prescriptions? If this is true, how do I.. read more →
The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption of undue influence) was examined by the New Jersey Appellate Division in Matter of the Estate of Jewell B. Sykes, N.J. App. Div. No. A-1109-09T2 (Aug. 19, 2010). In Sykes, the decedent’s daughter/co-executor (“Evelyn”) challenged the validity of two leases.. read more →
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they face in In Re Buscavage, N.J. App. Div. No. A-6041-08AT3 (Aug. 25, 2010). Buscavage involved a challenge to trust amendments made by the decedent, Joseph Buscavage, in the final year of his life, which favored certain members of his family,.. read more →
Lawyers who regularly deal with elderly and disabled clients like I do often confront the issue of client capacity. Under our professional rules, a lawyer may represent a client who has less than full capacity, although a lawyer is precluded from representing a client who lacks capacity. The issue confronting the lawyer involves properly assessing.. read more →
In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate Division addressed the Federal Arbitration Act (“FAA”) and its impact on New Jersey’s Nursing Home Responsibilities and Rights of Residents Act (“Residents’ Rights Act”). Estate of Ruszala v. Brookdale Living Communities, Inc., No. A-4403-08T1 (N.J. Super. App. Div. Aug. 10,.. read more →
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of life of New Jersey’s older residents. The Foundation is a nongovernmental, nonprofit organization that derives its financial support through contributions from private donors, public and private foundations and corporations. The mission of the Foundation is “to improve and expand new.. read more →
In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the U.S. District Court for the District of Connecticut held that the State of Connecticut cannot treat the income stream from an annuity as an available asset for the purposes of Medicaid eligibility. After John Lopes was admitted to a nursing.. read more →
Most of the cases discussed on this blog (and, I suspect, on most blogs which spotlight developments in the law) focus principally on decisions issued by the higher-level courts, the appellate courts and the supreme court of the state. However, the majority of court decisions in New Jersey and other states are issued by trial.. read more →
I don’t usually blog about the Social Security cases my law firm handles, although we represent many applicants for Social Security and SSI disability benefits each year. It’s time I remedied that oversight. My firm recently handled a very interesting and complex case for a disabled client which involved the termination of the disability benefits.. read more →
A case recently decided by the Superior Court of New Jersey, Appellate Division, continues the line of cases decided in New Jersey defining the privacy rights of users of the Internet. In Juzwiak v. John/Jane Doe a.k.a. “Josh Hartnett,” a.k.a. [email protected] (App. Div., August 3, 2010), plaintiff, a tenured teacher, began receiving harassing email messages.. read more →
For more than two years, I have been representing an elderly man in a contested guardianship action. My client’s son claimed that my client was incapacitated, and instituted a guardianship action in the Superior Court of New Jersey, Union County in November of 2007. I opposed that guardianship action on behalf of my client, maintaining.. read more →
In the recent case of In the Matter of J.M. for the Appointment of a Special Medical Guardian, Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. P – 036 – 10 (Hon. Ellen L. Koblitz, P.J.Ch., July 2, 2010), a Chancery Judge discussed the difference between an attorney appointed by the court.. read more →
Many third-party and self-settled special needs trusts (SNTs) contain “termination on ineligibility and distribute to family members” clauses. These clauses, called “early termination provisions”, are common trust provisions. When used in special needs trusts, the “early termination provisions” cause the trust to terminate before the death of the disabled beneficiary in order to prevent the.. read more →
In the case entitled In the Matter of the Estate of Ronald M. Denner, Superior Court, Chancery Division, Union County, Docket No. 0 – 3474 (Hon. Thomas N. Lyons, J.S.C., February 28, 2006), The Court held the three documents, though unsigned, undated, and neither witnessed nor notarized, may, if properly proven, be admitted to probate.. read more →
In the Matter of the Estate of Ann F. McNierney, Docket No. BER-P-89-10, Ch. Div. Bergen Cty. (Doyne, A.J.S.C.), Judge Peter E. Doyne, A.J.S.C., a trial judge in Bergen County, issued a 39 page unpublished opinion in which he discussed the scope of authority of plenary guardians to control the visitation rights of their ward… read more →
The Treasury Department has issued a Notice of Proposed Rule-Making (75 Fed. Reg. 34394 (June 17, 2010)) that would affect all those who receive payments from the Social Security Administration. Those claimants who file an initial application on or after March 1, 2011 would have a choice of direct deposit into their bank account OR.. read more →
When a couple decides to divorce, the spouses have important choices to make about how to proceed and the extent to which they will need help from others — including lawyers, mediators, and other professionals. Some couples choose to file for divorce in court and go on to lengthy, high-conflict divorce litigation. Others choose an.. read more →
This situation has occurred many times over the years: a client gives me a copy of a letter from the Social Security Administration (SSA) which contains a Social Security Number (SSN) followed by the letters “A”, “B”, “E” or other letters, and then asks me to explain what type of benefit is indicated by the.. read more →
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or a period of ineligibility for Medicaid, when gifts, called “transfers for less than fair market value” in the regulations, are made at any time during the five year period prior to the date on which the Medicaid application is filed,.. read more →
In the article below, I discussed some interesting (I hope) developments in the rules governing attorney ethics in New Jersey. I also provided links to other ethics resources at the end of the article. Bona Fide Office Rule: Under New Jersey’s “bona fide office rule”, lawyers must have an office where confidential information can be.. read more →
Last week, at the annual State Bar Association Convention in Atlantic City, I was inducted as the Chair of the Elder and Disability Law Section of the New Jersey State Bar Association for 2010 – 2011. As readers of this blog know, elder and disability law are highly specialized areas of law which address the.. read more →
The Treasury Department and the four major benefit agencies, the Social Security Administration, the U.S. Department of Veterans Affairs, the Office of Management and Budget, and the Railroad Retirement Board, are jointly releasing new rules which prevent banks from seizing Social Security and other federal benefits from customers facing debt collectors. The new rules would.. read more →
The New Jersey Department of Military and Veterans Affairs owns and operates three nursing homes in New Jersey, referred to as the New Jersey Veterans Memorial Homes (“NJ Veterans Nursing Homes”). The three NJ Veterans Nursing Homes are located in Paramus, Edison and Vineland. These are state facilities, governed by the state regulations found in.. read more →
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