Category

Elder Law
03
Sep

Appeals Court Affirms Penalty, Ruling Gifts Not Made Exclusively for a Purpose Other than to Qualify for Medicaid

September 3, 2014
Gifts made during the Medicaid look-back period result in a penalty, or period of ineligibility,...
28
Aug

New Jersey Planning to Eliminate the Income Cap for Home-and-Community Medicaid

August 28, 2014
The Medicaid programs in New Jersey which help residents pay long-term care costs are about...
25
Aug

Doctrine of Laches Justifies Dismissal of Probate Lawsuit Against Executor, filed 5 Years after Release was Signed

August 25, 2014
In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23,...
21
Aug

Nursing Home Resident’s Child Who Signs Admission Agreement As “Responsible Party” Can Be Sued For Services Rendered To Resident

August 21, 2014
A nursing home resident’s adult child who signs an admission agreement as the “Responsible Party”...
30
Jul

The Need for Medicaid Planning

July 30, 2014
(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court...
18
Jul

Liability of a Guardian for the Harmful Acts of a Ward

July 18, 2014
When confronting the prospect of guardianship for a loved one, a threshold issue is who...
08
Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

July 8, 2014
In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...
20
Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

June 20, 2014
In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...
16
Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

June 16, 2014
(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
08
Jun

The Role of the Guardian ad litem in Probate Litigation

June 8, 2014
In general, an incapacitated person is to be represented in any litigation by a guardian,...
03
Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

June 3, 2014
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...
01
Jun

New Jersey Federal Court Grants Request for Waiver of Social Security Overpayment

June 1, 2014
In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed...
22
May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

May 22, 2014
A United States District Court recently ruled that a nursing home resident does not have...
19
May

Determining Capacity in Seniors and the Disabled through “Observational” Assessment

May 19, 2014
Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a...
14
May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

May 14, 2014
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...
04
May

12 Things You May Not Know About The Affordable Care Act

May 4, 2014
The Affordable Care Act (ACA) is an historic effort by the government to extend medical...
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
20
Mar

Video of Presentation for Monmouth County Bar Family Law Committee on “Pensions and Special Needs Trusts”

March 20, 2014
  Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs...
02
Mar

Making Appropriate Disbursements From First Party Special Needs Trusts

March 2, 2014
A Special Needs Trust, sometimes called a Supplemental Needs Trust (SNT), is a trust designed...
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