Category

Elder Law
05
May

Home Care Agency that Failed to Individually Bond Caregivers Held Liable for Caregivers’ Theft, and for Violating the Consumer Fraud Act

May 5, 2015
After reading about the Macallan Group d/b/a/ Home Care Assistance of Red Bank, New Jersey...
15
Apr

Distributions From Special Needs Trust Cause Ineligibility For Housing Assistance Under Section 8 Program

April 15, 2015
A federal district court ruled that a public housing authority properly counted distributions from a...
20
Mar

Disabled Vet Ordered Into VA Nursing Home Against His Wishes So His Limited Income Can Be Used To Pay Alimony

March 20, 2015
New Jersey’s Appellate Court ruled that, under the appropriate circumstances, it is equitable to require...
11
Mar

Adult Child Has No Legal Right To An Inheritance Since New Jersey Law Permits Parents To Disinherit Their Children

March 11, 2015
A trial court in Bergen County held that a parent’s promise to leave assets to...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
09
Feb

CCRC Residents Breached Admission Agreement by Applying for Medicaid before Spending Down Assets

February 9, 2015
A New York trial court ruled that residents of a continuing care retirement community (CCRC)...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
16
Jan

Florida’s Supreme Court Bars Non-Lawyers From Engaging in Medicaid Planning

January 16, 2015
Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging...
09
Jan

Understanding Pre-Admission Screening

January 9, 2015
To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements....
16
Dec

Reduction in Care Services Rejected Unless Supported by Improvements in Recipient’s Medical Condition

December 16, 2014
Plaintiff, D.W., is a 48 year-old woman with Down’s Syndrome and the mental capacity of...
09
Dec

SSI / Medicaid / Social Security / Medicare Income Limits, Premium Increases  and Resources Allowances for 2015

December 9, 2014
 Supplemental Security Income (SSI): Effective 1-1-15  SSI Federal Benefit Rate           SSI Resource...
04
Dec

Recent Legal Developments in Special Needs Planning for Disabled Beneficiaries

December 4, 2014
On December 3rd, I presented at the 72nd Semi-Annual Tax and Estate Planning Forum sponsored by...
02
Dec

Criminal Conviction for Theft by Daughter who Withdrew Funds from Joint Account with Father Upheld

December 2, 2014
An appeals court in Maryland has upheld the criminal conviction of a daughter who withdrew...
01
Dec

Social Security Benefits Deposited Into Special Needs Trust Countable In Determining Medicaid Eligibility

December 1, 2014
Reversing a trial court, an appeals court ruled that a beneficiary’s Social Security benefits, though...
16
Nov

PA Appeals Court Rules that Unlimited Gifting Authority in Power of Attorney Does Not Protect Agent from Criminal Liability for Self-Dealing

November 16, 2014
Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an...
14
Nov

401(k) and IRAs Owned by Spouse of Medicaid Applicant may not be countable by New Jersey Medicaid

November 14, 2014
New Jersey Medicaid may not count IRAs, 401(k) and pension plans owned by the spouse...
11
Nov

With Upcoming Major Overhaul of Medicaid, Managed Long Term Services and Supports Debuts in New Jersey

November 11, 2014
As discussed in a prior blog post, a major overhaul of Medicaid will be introduced...
20
Oct

Medicaid’s Filing Deadline For An Appeal Can Be Extended Based On “Extraordinary And Extenuating Circumstances”

October 20, 2014
An appeal of a claim for Medicaid benefits that was filed late may be considered...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
09
Oct

Major Overhaul of Medicaid, Extending Eligibility to Many New Jersey Residents, Scheduled for November 1, 2014

October 9, 2014
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and...
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