Guardianship Proceedings in the Time of COVID-19
Families about to apply for legal guardianship are under a lot of stress. COVID-19 has amplified the stress they may face. If you were …
Emergency Psychiatric Services Available for New Jersey Residents During Emergency COVID-19 Lockdown
This week, New Jersey extended an important part of the way we provide services for people with disabilities. During the COVID-19 emergency, New Jersey …
Trustee of a Revocable Trust Has Legal Obligations to Trust Beneficiaries
New Jersey law allows a Court to remove a Trustee for reasons including “….unfitness, unwillingness, or persistent failure of the Trustee to administer the …
Medicaid Renewals
New Jersey’s Division of Medical Assistance gave our community an important update on Medicaid renewals on April 23, 2019. If you received a notification …
On April 23, 2020, New Jersey’s Division of Medical Assistance Provided Guidance for Families Applying for Medicaid for a Loved One
If you are applying for Medicaid for a loved one, and you do not have copies of all of the records Medicaid typically requests- …
NJ Launches New Program for Parents with Children Diagnosed With Autism Spectrum Disorder
New Jersey has launched a new program for families with a child with autism spectrum disorder. The new program allows any family with a …
Can the Executor and Beneficiaries of an Estate Enter Into an Agreement to Modify the Terms of a Last Will and Testament
An executor and beneficiary may agree to modify and change a signed Last Will or Trust NJ Law requires certain formalities be followed before …
Understanding the Role of the Court Appointed Attorney in a Guardianship Action
In every guardianship case, the court appoints an attorney for the alleged incapacitated person. Their attorney is required by court rule to advocate a …
Supplemental Security Income Recipients Will Receive Automatic COVID-19 Economic Impact Payments
The Social Security Administration announced today that Supplemental Security Income (SSI) recipients will automatically receive their Economic Impact Payments directly to their bank accounts …
A Medicaid Applicant With Excess Income May Use a Qualified Income Trust (QIT) to Help Qualify for Long Term Care Benefits
• Does Medicaid take all the income? • When families start to think about Medicaid planning for an elderly parent who may need a …
A Guardian is Authorized to Undertake Medicaid Planning Under New Jersey Law
• Protecting the real and personal property of an incapacitated person by applying for Medicaid is legally permissible in NJ • New Jersey court …
NJ Supreme Court Dramatically Relaxes its Rules on Guardianships. Get the Details Here.
Notice to the Bar – Guardianships of Adult Incapacitated Persons – Supreme Court Relaxation of Rule 4:86 During COVID-19 Crisis The Supreme Court has approved …
Is There Any Time Limit(s) for a Beneficiary to File Legal Action Against the Executor of an Estate?
There is no statute of limitations on a claim against a fiduciary by an estate beneficiary. If no release and refunding bond is filed …
Understanding How the Courts in New Jersey Go About Interpreting a Disputed Last Will
When litigation is filed requesting an interpretation of a last will or a provision within a will, a party must realize that this type …
A SNT Can Now Fund an ABLE Account
An ABLE account with a balance of $100,000 or less does not affect a disabled person’s eligibility for SSI. In NJ, Medicaid eligibility remains …
A Big Breakthrough for Trustees of a Special Needs Trust with the Addition of Administrator-Managed Prepaid Cards
Overview of Administrator-Managed Prepaid Cards Historically, SNT trustees were limited to how methods of payment could be made for SNT disbursements without violating SSA …
Objecting to a Lien Filed by the State of New Jersey to Recover Medicaid Payments
You can challenge and dispute the right of New Jersey to file a lien against an estate This article discusses how to appeal an …
Will I Lose My Section 8 Housing or Medicaid If I Create a Special Needs Trust?
Many people qualify for section 8 housing financial assistance and Medicaid Creation of a special needs trust will preserve these public benefits without a …
SNT’s Can Now Pay Third-Party Travel Expenses to Enable Individuals to Accompany a Trust Beneficiary
SSA’s prior policy regarding SNT payment of travel expenses to enable third parties to accompany the beneficiary was extremely restrictive. Although an SNT trustee …
Do You Know the New Rule Governing Allowance of Payments of Companion Services and Caregiving Expenses for SNT Beneficiaries?
The Social Security Administration (SSA) has long had issues with Special Needs Trusts (SNTs) that include provisions for paying for companion care services and …
Dealing with Income Under New Federal Rules Governing Special Needs Trusts
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Do You Know About the Changes in Federal Law Governing Special Needs Trusts (SNT)?
For decades, a Special Needs Trust (SNT) has been the primary planning tool to protect persons with disabilities. Funds held in an SNT are …
Appealing Termination of Benefits and Coverage By Medicare: What Can You Do?
Termination of Medicare coverage can be appealed The Medicare appeal process is complicated and complex This article discusses in detail the Medicare appeal process …
If New Jersey Does Not Give You Clear Reasons Why They Denied Your Medicaid Application, Then Appeal… and Win
Denial of Medicaid eligibility for long term care can be successfully appealed The state in its notice of denial must give you the statutory …
Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US
NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …
If You Have Kids or Grandkids in College, Either Home or Away, Then Read This Post
Although they still rely on you heavily for support – both emotional and financial – the law considers young persons over the age of …
Do Not Agree to Guarantee Payment to a Nursing Home as a Condition of Admission
Many individuals and families are highly stressed and in crisis when a nursing home placement is necessary Nursing homes often demand that a family …
Appealing Denial of Medicare Coverage
Your hospital admission status is a critical factor for Medicare coverage Medicare says you must be admitted as “Inpatient” rather than as “observation status” …
Objecting to a Lien Filed By the State of New Jersey to Recover Medicaid Payments for Long Term Care
Medicaid Benefits are available to pay for long term care costs for eligible individuals Upon death the state can file a lien against the …
How New Jersey Medicaid Treats Life Insurance
Many people applying for Medicaid own life insurance The type of life insurance the applicant owns determines eligibility This article discusses how to deal …