Category

Medicaid Planning
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In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant...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...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
16
Aug

Federal Court In Connecticut Holds That The Income Stream from An Annuity Is Not An Asset for Medicaid Eligibility Purposes

August 16, 2010
In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the...
04
Jun

New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned

June 4, 2010
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or...
03
May

Is A Claim For VA Aid and Attendance Benefits Properly Denied Due to Excess Resources When The Applicant Owns An Annuity?

May 3, 2010
Following is an exchange posted on a electronic bulletin board devoted to the discussion of...
20
Apr

ALJ Finds, Contrary To Court Order, That Payment To Adult Children For Services Provided To Medicaid Applicant Under Power Of Attorney Was A Gift

April 20, 2010
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
29
Mar

Payment For Care Under A Contract Is Not Transfer For Fair Market Value And Results In A Penalty Period Under Medicaid

March 29, 2010
A New Jersey appeals court recently held that a life care contract between a nursing...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
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