Category

Legal Rights of the Disabled
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...
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)...
21
Dec

Congress Passes the ABLE Act, Permitting the Disabled to Own Savings Accounts while Preserving Eligibility for Public Benefits

December 21, 2014
Earlier in December, Congress passed the Achieving a Better Life Experience Act of 2014, or...
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...
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...
14
Nov

I will be presenting on December 3rd at NJICLE’s Tax and Estate Planning Forum on “Recent Developments in Planning for Disabled Beneficiaries”

November 14, 2014
72nd Semi Annual Tax and Estate Planning Forum Presented by the New Jersey Institute of...
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...
29
Sep

NAELA Members described as “True Friends of the Court” in New Jersey Supreme Court decision allowing State Pension to pay into Special Needs Trust

September 29, 2014
Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a...
07
Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

July 7, 2014
In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...
25
Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

June 25, 2014
A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...
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...
11
Apr

Guardianship and Mental Illness: Retaining a Ward’s Right to Self-Determination

April 11, 2014
Even after a guardian is appointed for an incapacitated person, our courts will seek to...
26
Jan

New Jersey Supreme Court Tentative Argument Schedule for February 4, 2014

January 26, 2014
(From the website of the New Jersey Judiciary)  The following is the Supreme Court’s schedule...
13
Nov

Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child

November 13, 2013
On March 13, 2013, the highest court of our state granted my Petition for Certification,...
10
Nov

Court Finds State’s Failure To Render Final Decisions Within 90 Days Of Concluding Fair Hearings Violated Federal And State Law

November 10, 2013
In this case, the United States District Court for the Southern District of New York...
28
Aug

Trustees of Special Needs Trust Who Failed To Inquire Into Disabled Beneficiary’s Condition And Needs Breached Their Fiduciary Duty

August 28, 2013
A New York judge held that the trustees of a special needs trust have a...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
12
Jul

Appeals Court Concludes New Jersey Does Not Have A Duty to Inform Disabled Beneficiary Of Eligibility For Services

July 12, 2013
A New Jersey appeals court held that the State did not have a duty to...
07
Apr

Overview: Continuing Care Retirement Communities

April 7, 2013
Continuing Care Retirement Communities (“CCRCs”) are considered “a viable choice for relatively healthy seniors with...
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