Category

Medicaid Planning
04
Jan

Roundup of Key Figures In An Estate and Elder Law Practice for 2012

January 4, 2012
Below are figures for 2012 that are frequently used in the estate and elder law...
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...
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. ...
14
Jun

Bank Account for Disabled Grandson Is Not Available Asset Under Medicaid Rules

June 14, 2011
In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
03
May

Transfer Penalty Does Not Begin Until Medicaid Applicant’s Assets Transferred To Her Son Were Used To Pay For Applicant’s Care

May 3, 2011
A New Jersey appeals court ruled that the penalty period for a Medicaid applicant who...
11
Apr

New York State Expands The List Of Assets Against Which Medicaid Could Make A Claim For Recovery

April 11, 2011
A recent amendment to Section 369 of the Social Services law expands the list of...
05
Apr

Medicaid Applicant Failed To Prove Large Transfer Was Made Exclusively For A Reason Other Than To Qualify For Medicaid

April 5, 2011
A New Jersey appeals court ruled that a nursing home resident who transferred the majority...
16
Feb

VA Aid and Attendance Benefits and Personal Care Contracts

February 16, 2011
(The following is part of a discussion, taken from a listserv, or electronic bulletin board,...
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...
26
Nov

Ohio Violated Federal Law In Counting Annuity Purchased By Community Spouse

November 26, 2010
Ohio’s First District Court of Appeals has joined other state and federal courts across the...
01
Nov

Judge Awards Benefits To Medicaid Applicant Who Made A Gift “Exclusively For A Purpose Other Than To Establish Medicaid Eligibility”

November 1, 2010
My law firm recently was successful on appeal in overturning the denial of Medicaid eligibility...
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