Category

Elder Law
01
Mar

Punitive Damages Awarded Based Upon Breach of Fiduciary Duty By Trustee

March 1, 2012
Verna and John Obermuller transferred their real property located in Brooklyn, New York to their...
17
Jan

Top 10 Nationwide Elder Law Court Rulings of 2011

January 17, 2012
Below is a roundup of the top 10 national elder law decisions for the past...
12
Dec

Using A Care Manager To Enhance Service To Clients In An Elder Law Practice

December 12, 2011
With Americans living increasingly long lives, coping with the physical, emotional, cognitive and financial issues...
04
Dec

Podcast of Guest Interview on The Caring Generation, An Internet Radio Show

December 4, 2011
  Several weeks ago, on Sunday, November 20th, I was a guest on The Caring...
27
Nov

New Law Substantially Extends Reach Of New York State’s Medicaid Estate Recovery Law

November 27, 2011
Earlier this year the New York State Legislature, prompted by the Governor’s Medicaid Redesign Team,...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
06
Oct

Federal Court Rules Connecticut Cannot Deny Medicaid Benefits To Applicant Utilizing Spousal Refusal Doctrine

October 6, 2011
Ruling that a state statute violated federal Medicaid law, a federal district court granted a...
03
Oct

Top 10 New Jersey Elder And Disability Law Cases In 2011

October 3, 2011
(The 14th Annual Elder and Disability Law Symposium was held on September 21, 2011 at...
20
Sep

Third Circuit Affirms Federal District Court Holding Promissory Notes Countable Resources As “Trust-Like Devices”

September 20, 2011
In Sable v. Velez, applicants were denied Medicaid because of promissory notes owned by the...
19
Sep

Medicaid Eligibility Established Even Though One Spouse Owned Over $300,000 In Countable Resources

September 19, 2011
The Director of New Jersey Medicaid recently decided that, when a couple is institutionalized, the...
12
Sep

In A Medicaid Case, An ALJ's Findings Of Fact Based Upon The Credibility Of Witnesses Cannot Be Rejected Without Proper Cause

September 12, 2011
For most of her life, V.P. resided in her home with her adult son, R.P....
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
10
Aug

The Legitimate Use of Personal Services Contracts in Long-Term Care Planning

August 10, 2011
Very often, family members provide assistance in caring for an aged or disabled loved one. ...
03
Aug

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

August 3, 2011
Rita Stein, on behalf of herself and as executrix of the estate of her deceased...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
26
Dec

Top Ten (10) New Jersey Cases Involving Special Needs Trusts / Disability Planning Decided In 2010 (And A Few Cases Decided In 2009)

December 26, 2010
    Here are my selections for the top ten (10) New Jersey cases involving...
17
Dec

Special Needs Trusts: Background

December 17, 2010
A self-settled special needs trust is exempt from being counted as a “resource,” for purposes...
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
04
Oct

Opening Remarks – Case Law Update At The 13th Annual Elder and Disability Law Symposium

October 4, 2010
(The 13th Annual Elder and Disability Law Symposium was held on September 29, 2010 at...
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