The Consumer Financial Protection Bureau (CFPB) has released a report on financial exploitation of the elderly. The report compiles information from Suspicious Activity Reports (SARs) submitted by banks, credit unions, casinos, and other financial services providers. Based upon the SARs, financial institutions have reported that financial exploitation of older adults by scammers, family members, caregivers,.. read more →

A New Jersey appeals court held that a nursing home is not entitled to summary judgment in a case alleging breach of the admissions agreement against a resident’s son based solely on the fact that Medicaid denied the resident’s application due to excess resources. Meridian Nursing and Rehabilitation Inc. v. Skwara (N.J. Super. Ct., App. Div., No… read more →

It’s not always easy to recognize elder abuse when it happens to someone you love or care for. There are several types of elder abuse: Physical Abuse – An act, rough treatment or punishment that may result in injury, pain or impairment Psychological Abuse – Psychological, verbal or emotional abuse causing suffering, emotional pain, or distress.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation read more →

New Jersey recently changed state law governing “refundable” entrance fee agreements used by Continuing Care Retirement Communities (CCRCs). State law limits the amount of time that CCRCs are permitted to retain “refundable” entrance fees after a resident vacates a facility due to relocation or death. Until recently, although New Jersey law required CCRCs to repay.. read more →

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A tenancy by the entirety is a form of joint property ownership, available only to spouses, that is created when a husband and wife take title to real or personal property “under a written instrument designating both their names as husband and wife.”  Case law has recognized that property held as tenants by the entirety.. read more →

The following blog post is adapted from an article on NJ.com: A few years ago, Tracey Mitchell’s dad needed to go into a nursing home. Mitchell had no complaints about the care he received, but three months before he died, a surprise arrived via regular mail. It was a lawsuit alleging Mitchell owed $49,000 to the.. read more →

Many taxpayers recently filed their taxes and may be waiting for a response from the IRS. Because of this summertime tends to be a period when thieves increase their scam attempts. They try to get people to disclose personal information like Social Security numbers, account information and passwords. To avoid becoming a victim, taxpayers should.. read more →

While many people take summer vacations, data thieves do not. Phishing emails and telephone scams continue to pop up around the country. The IRS reminds everyone to be vigilant to avoid becoming a victim. Here are some things for taxpayers to remember so they can keep their personal data safe: The IRS does not leave.. read more →

The U.S. Senate Special Committee on Aging has released the 2018 Fraud Book, listing the Top 10 Elder Scams Of 2018 based on reports to the Senate hotline.  The report is entitled “Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors.” From January 1, 2017, through December 31, 2017, the Senate.. read more →

A Superior Court judge in Ocean County dismissed a lawsuit filed by a nursing home for unpaid bills against a power of attorney appointed by a former resident, and ordered the nursing home to pay legal fees incurred by the power of attorney, ruling that the law prohibited the nursing home from requiring the power.. read more →

A New Jersey appeals court held that a Medicaid application was properly denied when the applicant did not submit all the financial information and documents requested by the Medicaid agency. P.N. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-2025-15T2, July 28, 2017). P.N. resided in an assisted-living facility. Based.. read more →

Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing home residents, Joe Wellner and Olive Clark, filed lawsuits against Kindred. They alleged that Kindred’s substandard care led to the deaths of the decedents. In response, the nursing home moved to dismiss the cases, claiming that arbitration agreements barred the.. read more →

When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent estate to his second wife and her nephew. Although he and his second wife had a son, his will explicitly left no bequest to that son. The second wife claimed that the decedent’s extensive health problems had depleted the estate.. read more →

McHugh Fuller, a law firm which focuses on nursing home abuse and neglect, ran a full-page ad in The Toccoa Record, a Georgia newspaper. The ad stated that Heritage Healthcare of Toccoa, a nursing home owned by PruittHealth, was cited for deficiencies in the care of its residents. Also in the ad, the law firm invited.. read more →

Following bench trial, a trial judge ruled that a state law designed to protect seniors and other vulnerable customers does not (1) impose a legal duty on a bank or its employees to report fraudulent wire tire transfers to authorities, or (2) create a private right of action permitting an elderly customer who was the victim.. read more →