M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

Petitioner was admitted to Monmouth Medical Center. Thereafter, petitioner was discharged to Liberty Royal Rehabilitation and Health Care Center (Liberty Royal), a Medicaid certified nursing home. Less than one week later, he was transferred to Crystal Lake Nursing and Rehabilitation Center (Crystal Lake), another Medicaid certified nursing home. Petitioner remained at Crystal Lake until his.. read more →

In a comprehensive, published opinion, the New Jersey Appellate Division provided guidance regarding the appointment and functions of a guardian ad litem, this time in the context of a personal injury litigation. While exiting the defendant’s business premises, plaintiff was struck on the head by a falling object and sustained severe injuries. She filed a.. read more →

Nursing home care is growing ever more expensive. Contact your elder law attorney to learn how you can protect some or all of your family’s assets. For the first time, the median cost of a private nursing home room in the United States increased to $100,375 a year in 2018, up 3 percent from 2017,.. read more →

If an applicant for Medicaid signed a contract with an assisted living facility agreeing to a pay privately for a period of time, any penalty resulting from a transfer of assets cannot begin until the end of the private pay period, even if the applicant is otherwise eligible for benefits. B.K. v Division of Medical.. read more →

A New Jersey appeals court ruled that the State must hold a full evidentiary hearing before rejecting the claim of an assisted living facility resident who wanted to deduct the cost of a full-time aide from the income she paid to the facility. G.F. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App… 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 →

The veteran in this case had been residing in a medical facility operated by the Department of Veterans Affairs (VA) for several years. He was incompetent and had no dependents. The veteran had been receiving VA pension benefits based upon financial need. The Director of the VA facility was serving as veteran’s payee. The veteran.. read more →

A.F. was diagnosed with Alzheimer’s disease and osteoarthritis in 2007. She also had difficulty walking. Her husband, T.F., was in failing health, with Parkinson’s disease and COPD, and had other mobility issues.  Beginning in 2012, T.F. could not care for A.F. due to his own health problems. T.F. died of lung cancer in 2015. J.F.,.. read more →

Public Law 113–295, also known as The Stephen Beck, Jr. Achieving a Better Life Experience Act (ABLE Act), was enacted December 19, 2014. The ABLE Act provides individuals with special needs and disabilities to save money for disability related expenses in tax-free savings accounts while preserving their needs-based government benefits. Modeled on 529 college savings plans, ABLE.. 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 →

D.G. was declared legally incapacitated, and her son was appointed as her guardian. Her son designated an attorney from the firm of Peluso, Castelluci & Weintraub as D.G.’s representative for purposes of a Medicaid application. The attorney filed a Medicaid application in April 2013. In July 2013, D.G.’s son (her guardian) died unexpectedly. D.G.’s daughter.. read more →

Some states make it harder for those caring for an aging parent, according to a new survey by Caring.com.  While some states were praised for providing an affordable and helpful environment for caregivers, other states ended up at the bottom of the affordability list. “It hasn’t always been so expensive, but the cost of caring.. read more →

E.H. submitted a Medicaid application to the Hudson County Division of Welfare (HCDW) and designated Future Care Consultants (FCC) as her designated authorized representative (DAR). Shortly thereafter, the HCDW denied the application because E.H. failed to provide her husband’s bank records for the five-year look-back period. FCC appealed the denial, submitting a request for a.. 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 →

The Genworth Cost of Care Survey has been the foundation for long term care planning since 2004. Knowing the costs of different types of care – whether the care is provided at home or in a facility – can help you plan for these expenses. According to Genworth, the 2017 survey is one of the.. 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 →

Nursing home resident Joseph Gamma died after falling off his bed at the facility. His estate sued the nursing home. One of the claims the estate asserted was that the nursing home had violated the New Jersey Nursing Home Responsibilities and Residents’ Right Act (“the Nursing Home Act”). At the conclusion of the trial, the.. read more →

Applying New Jersey’s filial support law, an appeals court in Pennsylvania affirmed a decision denying a Pennsylvania residential facility’s effort to hold the elderly New Jersey parents of an adult resident liable for the unpaid balance of his specialized services. Melmark v. Schutt (Pa. Super., No. 2253 EDA 2016, July 19, 2017). New Jersey resident Alexander (Alex).. read more →

Medicaid is a joint federal and state program created under Title XIX of the Social Security Act of 1965. It provides a source of funding for long-term care to those aged, blind and disabled individuals who qualify financially.  42 U.S.C. §1396 et seq.; N.J.A.C. 10:71-1 et seq. Eligibility for Medicaid is based upon financial need. For.. 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 →

The federal Nursing Home Reform Law was enacted in 1987, and became effective in October 1990. The Reform Law governs any nursing facility that accepts reimbursement from Medicare or Medicaid, and applies to all residents in any such facility, regardless of the individual resident’s payment source. In other words, the law applies whether the resident’s.. read more →

Last year, the National Senior Citizens Law Center (NSCLC), an important voice for low-income seniors for the past 43 years, launched a new name and tagline—Justice in Aging:  Fighting Senior Poverty Through Law. The focus of the organization continues to be advocacy and litigation to secure the rights of low-income seniors, and education and training of advocates.. read more →

“Graduates Timeline” Helps Students with Intellectual and Developmental Disabilities Transition from School to Adulthood New Jersey’s Division of Developmental Disabilities, an agency within the Department of Human Resources, provides public funding for services and supports that assist New Jersey adults with intellectual and developmental disabilities who are aged 21 and older to live as independently as possible. The.. read more →