2024-03-26 18:10
I had a meeting recently with a client whose spouse had set up an irrevocable life insurance trust (ILIT). The client is the beneficiary of the Trust. The Trust owned a substantial lif… Read More
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On a daily basis the blog provides information to assist veterans in their disability compensation and pension claims before the Department of Veterans Affairs.
2024-03-22 16:59
In 2020 according to one set of data, there were about 550,000 2- and 3-family rental properties in New Jersey. Many seniors own such buildings and live in one of the units. At a certain poi… Read More
2024-02-20 16:06
Home health care is a huge industry in the USA with over 3 million workers in 2022. The US Bureau of Labor Statistics estimates that jobs will grow by 22% over the next 8 years. New Jersey h… Read More
2024-01-21 16:40
At Fink Rosner Ershow-Levenberg Marinaro, LLC, we understand the complexities and emotional challenges involved in planning long-term nursing care. As elder care law lawyers, we’re her… Read More
2023-12-27 18:45
The Medicaid program which pays for nursing home costs and for care in the community is called MLTSS – Medicaid Long Term Services and Supports. An applicant has to meet the specific f… Read More
2023-12-06 03:37
Guardianship is a legal arrangement that allows one person (the guardian) to make decisions on behalf of another person (the incapacitated person) who is unable to make those decisions for t… Read More
2023-12-06 03:29
A court-appointed Guardian has the authority and responsibility to protect the legal rights of the incapacitated person. This post discusses some of those rights.
Medicaid planning and guard… Read More
2023-11-20 13:00
The years flash by and one day the family starts talking with their aged parents about moving the parent(s) to live with a child. It’s a good idea to talk about this with an elder law… Read More
2023-11-10 16:31
On this Veterans Day we want to express our appreciation for the selfless military service to our country that’s been provided by our clients, their family members, their friends… Read More
2023-10-20 13:04
Securing the future for children with special needs requires careful legal planning and foresight. As disability law attorneys based in New Jersey, we are wholly dedicated to representing cl… Read More
2023-07-20 09:52
The hot news recently, is that after a lengthy, expensive legal battle, a Michigan jury concluded that superstar music icon Aretha Franklin’s 2014 handwritten four pages of instruction… Read More
2023-07-11 11:09
Although it can be a sad thing to think about, it’s important to think about protecting your assets for when you pass away, or in the event you become incapacitated. Enlisting an attor… Read More
2023-02-28 16:33
The Public Health Emergency (PHE) due to the COVID-19 pandemic that was declared as of March 12, 2020, is officially coming to an end on May 11, 2023. What does this mean for people wh… Read More
2023-02-20 13:00
If a Medicare beneficiary is discharged to a subacute skilled care facility after having been admitted to the hospital for three days or more, they can be eligible for up to 100 days of Medi… Read More
2023-02-14 21:05
State Senator Joseph F. Vitale (D – Middlesex) and Sen. Robert W. Singer (R-Ocean), who are strong advocates for New Jersey’s senior citizens, have co-sponsored a new bill … Read More
2023-02-09 18:13
Valentines’ Day is upon us and we’re surrounded by images of hearts and flowers. Even if a person doesn’t celebrate the day, it’s hard to miss the pink and red remind… Read More
2023-01-10 13:00
Many of our clients served in the military between 1953 and 1987. Some of them spent time at Camp LeJeune in North Carolina, became very sick, and pursued claims at the Veter… Read More
2022-12-30 13:00
Readers of this blog are well aware that the Medicaid programs have strict income and resource limits. Maintaining eligibility is often vital to the well-being of the individual. This is esp… Read More
2022-12-27 13:00
Each year, certain of the income and resource standards are adjusted for the means-tested Medicaid and SSI programs. If you are considering an application for SSI (Supplemental Security Inco… Read More
2022-10-17 17:04
In a precedential decision approved for publication, the Appellate Division of Superior Court has reversed the denial of Medicaid/MLTSS eligibility in a case involving one of our Firm’… Read More
2022-10-14 19:50
On January 1, 2023 the Social Security Administration will be giving its recipients an 8.7% Cost of Living Increase (COLA). You probably know that if a person on New Jersey MLTSS-Medicaid re… Read More
2022-09-23 12:00
The NJ Department of Human Services, Office of Licensing, has just issued an Information Bulletin which outlines the requirements for licensed community residences which participate in the S… Read More
2022-09-20 21:07
Many of our clients served in the military between 1953 and 1987. Some of them spent time at Camp LeJeune in North Carolina, became very sick, and pursued claims at the Veterans Admini… Read More
2022-08-23 12:00
An Assisted Living residence (“ALF”) is a facility which is licensed by the Department of Health and Senior Services, and subject to the regulations in N.J.A.C. 8:36, to provide… Read More
Caution! Watch Out For “Responsible Party†And “Guarantee†Clauses In Nursing Home Contracts
2022-08-15 12:00
When an individual moves into a nursing home for long-term care, there are an array of admissions documents that get signed. These include everything from personal preferences information to… Read More
2022-08-08 12:00
Medicaid Long-Term Services and Supports (MLTSS) is the government program that pays for nursing home care and long-term care in other settings for people who meet the stringent financial re… Read More
2022-08-03 22:36
The NJ Division of Medical Assistance and Health Services (DMAHS) has released Medicaid Communication #22-01 which provides the new numbers that are relevant to applications f… Read More
2022-07-19 18:36
Individuals who receive Medicaid to pay for nursing home care, assisted living or in-home care must meet stringent financial requirements. The non-excluded or inaccessible resources cannot e… Read More
2022-06-23 12:00
The world can feel like a confusing, tangled mess when a loved one has dementia and needs to be discharged from a hospital with a major care plan in place. There are so many options, and hos… Read More
2022-06-21 15:56
IT’S SPRING CLEANING TIME! DUST OFF YOUR OLD ESTATE PLAN
Spring time is when people often take a look around and start freshening things up. Home repairs, paint jobs, new furniture, n… Read More
2021-09-23 15:04
Did you know that Union County has an Advisory Board on the Disabled that advises County government on issues related to people with disabilities? The Board has eleven members, and Linda Ers… Read More
2021-07-30 20:44
A Guardian of the Person or Guardian of the Estate is appointed by a Court in a situation where an individual is found to be presently “incapacitated” and unable to manage th… Read More
2021-06-15 16:31
The building blocks of an estate plan are the Last Will & Testament, financial power of attorney, medical pow… Read More
2021-05-27 11:00
Let’s face it,the cost of long-term nursing care is tremendous. Some individuals plan to pay privately until they have no funds left. Others, however – especially married couples… Read More
2021-05-25 11:00
If you need to select a nursing home for a loved one, there are several factors you should take into consideration. Some of these include:
Overall cleanliness of the facility;Staff-to-pat… Read More
2021-05-21 11:00
A few years ago, my husband and I sat down with all of our children and their spouses for a family meeting. I started with, “Our plan is to live forever. But just in case …&hell&hell…Read More
2021-05-18 11:00
The process to apply for MLTSS/Medicaid to pay for in-home care, nursing home care and assisted living is grueling. There’s no denying that. Producing all the records to the County B… Read More
2021-05-13 12:00
So, you’ve been named as someone’s attorney-in-fact (“Agent”)… now what? To make a long answer short- it depends.
The first question any Agent must a… Read More
2021-05-11 12:00
When counseling clients with large families about Powers of Attorney, I frequently hear something to the effect of “well I want (insert name) to serve as my agent because I want him to… Read More
Fingerprinting And Other Personal Background Disclosures To Be Required In Guardianship Applications
2021-05-06 17:48
A guardianship action is a court case that is filed to ask a Judge to appoint a Guardian for an incapacitated adult. The court rules are specific about all of the procedures that must be fol… Read More
2021-04-26 12:56
Let’s face it, no one likes to think about their own mortality. In fact, most people don’t even like to think… Read More
2021-04-19 21:07
Despite the legalization of same-sex marriage in the United States on June 26, 2015, the effects of longstanding discrimin… Read More
2021-04-07 21:08
On March 3, 2021, Governor Phil Murphy signed into law S2545 which establishes protections for LGBTQI+ seniors and those l… Read More
2021-03-01 15:27
Nursing home residents are entitled to hire their own attorneys for legal advice about Medicaid applications (or any other matter). Here’s what can happen, though. The admissions depa… Read More
2021-02-02 17:02
The Biden-Harris administration has just announced that they are creating a new open enrollment period for the Affordable… Read More
2021-01-29 20:02
The Biden-Harris administration has just announced that they are creating a new open enrollment period for the Affordable… Read More
2021-01-07 17:32
The State of New Jersey has published some new 2021 numbers for individuals applying for benefits under the MLTSS/ Medicai… Read More
2020-12-21 13:00
How often do we put off taking care of something that we know we should do? In the law there can come a time that a person… Read More
2020-12-18 19:13
A colleague just told me about this situation: Decedent’s Last Will and Testament appointed 3 executors, all of whom… Read More
2020-12-11 21:18
The covid-19 pandemic has produced many new occupational categories. One of them is the “virtual visitation coordina… Read More
2020-12-01 13:00
Governor Murphy’s Executive Order No. 20-026 contains the rules for visitation in skilled nursing facilities, among other issues. Section III(4)(c)(3) provides in-person visitation opp… Read More
2020-11-27 13:00
You may not be aware of it, but the State of New Jersey has an “information hub” pertaining to Covid-19 issues… Read More
2020-11-25 16:54
Since early in the pandemic there have been strict rules that bar in-person visits within nursing care facilities. A client spoke with me recently asking about the parameters for the en… Read More
2020-11-12 19:25
A few months ago I was able to do something a little different for an Elder Law attorney. I got to put through an Adult Ad… Read More
2020-11-11 19:59
Applicants for MLTSS/Medicaid need to be clinically eligible as well as financially eligible in order to receive payment f… Read More
2020-10-30 19:32
Remaining in the community is a high priority goal for most elders. The challenge is that there might be many needs to be met to achieve this goal. Parents and children need to talk to each… Read More
2020-09-06 12:00
A Trust isn’t just a “form.” It’s a legal structure with real consequences that has to be handled… Read More
2020-08-31 12:00
There are many situations in which a person is about to inherit money but doesn’t want to receive it for some reason, or wants it… Read More
2020-08-26 12:00
Long-range planning for long-term care often includes the potential use of long-term care insurance benefits or Medicaid benefits to pay… Read More
2020-08-23 12:00
This has certainly been a year of unforseen calamities that affected each and every one of us in some form or another. In addition to th… Read More
2020-08-20 19:36
Readers of this blog know that when a person applies for long-term care benefits under the MLTSS/medicaid program, they will generally b… Read More
2020-08-14 15:55
When an individual who lives in a skilled nursing facility (SNF) is approved for Medicaid, a “Medicaid number” is assigned to that individual. This is the number that will be use… Read More
2020-07-13 12:00
There’s a natural human tendency to kick cans down the road when we can, and to put off those things that just don’t seem imminently necessary. People enter into legal arrangemen… Read More
2020-07-09 12:00
When a married person applies for Medicaid benefits to pay for nursing home care (“institutional care”), the first day of the first month of continuous residence in the facility… Read More
2020-07-05 12:00
At the time of admission to one of the New Jersey Veterans Memorial Homes, a worksheet is prepared based on the current values of the “accountable assets” as well as the income t… Read More
2020-06-26 12:00
The surviving spouse of a Social Security recipient is entitled to a “bump up” in their benefits if the deceased spouse received a higher monthly benefit than the survivor was re… Read More
2020-06-22 12:00
Reverse mortgages have been an appealing option for many aged homeowners, because they provide access to the equity in the home when liquid assets are getting used up. These Home Equity Conv… Read More
2020-06-18 16:58
This is my tribute to the elders in our communities who have been so terribly affected by the COVID-19 pandemic restrictions.
Untouchable; Alone (April 16, 2020 Central Jersey)
(c) Lin… Read More
2020-06-18 16:58
This is my tribute to the elders in our communities who have been so terribly affected by the COVID-19 pandemic restrictions.
April 16, 2020 (Central Jersey)
(c) Linda S. Ershow-Levenb… Read More
2020-06-16 12:00
Advocating for our clients in nursing homes during this pandemic has been uniquely difficult, but we continue to utilize whatever tools are at our disposal to help the family members oversee… Read More
2020-06-11 18:20
To say that the care-delivery system in New Jersey’s nursing homes in 2020 has been fraught with problems and perils is, of course, an understatement. Certain facilities are just now b… Read More
2020-05-09 12:00
An important new Medicaid Communication (MedComm) was recently issued by the New Jersey Division of Medical Assistance and Health Services (DMAHS). As we had previously discussed, due to the… Read More
2020-05-06 12:00
An illiquid estate can be very difficult to administer. If the estate assets include real estate or a business to be sold, there can be a need for substantial cash to maintain these pe… Read More
2020-05-03 12:00
Are you in a long-term relationship, or even engaged to be married? Is that wedding postponed indefinitely due to the current pandemic? Do you have children who would need a guardian if you… Read More
2020-04-30 12:00
Previously we reported on concerns about whether the $1200 per person payments or the $600 unemployment enhancements that would be arriving via the CARES ACT would be counted as income or a… Read More
2020-04-28 12:00
Increasing numbers of frail elderly are trying to arrange for care in their houses or apartments because admission to nursing facilities is so problematic at this time. About one third of th… Read More
2020-04-24 12:00
The New Jersey Department of Health issued a comprehensive statement concerning triage and the care of COVID-19 patients in different kinds of licensed health care facilities. This is one am… Read More
2020-04-21 12:00
Once a person turns 18, s/he is presumed competent in the eyes of the law and their parents are no longer actually authorized to sign documents for them. This can create a vacuum especially… Read More
2020-04-20 12:00
The term “special needs trust” is used to refer to a trust that’s for benefit of a person with disabilities who depends on means-tested public benefits that have income lim… Read More
2020-04-19 12:01
The State’s long-term care population are caught behind the proverbial rock and a hard place. Despite all efforts, COVID-19 has spread rampantly in the past 5 weeks through many if not… Read More
2020-04-18 12:00
Governor Murphy this week signed into law S2333/A3910, an Act granting civil immunities to health care workers and facilities for actions taken in good faith during the declared state of eme… Read More
2020-04-17 12:17
What do you do if you can’t find the Will? Your loved one has passed away, you have pulled yourself through the mourning period, and now you are ready to tackle the estate. You remembe… Read More
2020-04-16 12:00
These trying times have spurred New Jersey to venture into new ways to get things done. The lock-down has made it difficult for individuals in hospitals or nursing facilities, or people quar… Read More
2020-04-15 12:00
How often have I heard clients tell me they were told to cash out a life insurance policy as part of a “Medicaid spend-down,” because it was “an asset.” The fact is… Read More
2020-04-14 12:00
A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also specifies who receives what, and in what way; the language of the Will spe… Read More
2020-04-13 12:00
Advance planning with powers of attorney and health care powers of attorney is a good way to ensure that there is an authorized person to handle things and make decisions should a person bec… Read More
2020-04-12 12:00
What do you do if a person passes away without a Last Will and Testament?
A Last Will and Testament designates an Executor who has legal authority to handle the estate assets. The Will also… Read More
2020-04-10 12:00
A Last Will and Testament is called “Last” because it’s the presumed final statement of the wishes of the person who has passed away. The terms need to be in writing and du… Read More
2020-04-09 12:00
You may wonder, “can I employ my daughter if she is living with me?” According to the National Bureau of Labor Statistics, there were over 3 million personal care aides and home… Read More
2020-04-08 18:00
As the CARES Act implementation gears up, one question that we elder law attorneys have had was how the cash payments would affect ongoing eligibility for means-tested benefits like SS… Read More
2020-04-07 12:00
The Middlesex County NJ Assignment Judge has issued a Notice with details concerning procedures for filing and handling of cases in Middlesex County now that the courts are closed to in-pers… Read More
2020-04-03 12:00
Judge William Martini of the Federal District Court for the District of New Jersey has issued a preliminary injunction barring the New Jersey Division of Medical Assistance and Health Servic… Read More
2020-04-02 12:00
One of the most heartbreaking things about this emergency is the prohibition of in person visitation of loved ones who were already declining in facilities. Communication with faciliti… Read More
2020-04-01 12:00
As COVID-19 affects employment nationwide, more New Jerseyans will need to make strategic decisions about health insurance and tax filing this year. Marketplace insurance and MAGI Medi… Read More
2020-03-31 12:00
Much of our work in the area of guardianships, probate and estate administration involves our County Surrogates. As we continue to adjust to working with COVID-19, be aware that each S… Read More
2020-03-29 12:00
The latest release by the NJ Supreme Court outlines the latest rules concerning trials, scheduling, closings, and so on which will affect cases, lawyers and litigants throughout New Je… Read More
2020-03-27 19:39
You are no doubt encountering questions and challenges right now related to everything from employment to health insurance to online bill-paying to gaining access to your loved ones in healt… Read More
2020-03-25 13:00
New Jersey’s Medicaid program normally has a lot of rules and red tape. Some of the rules relate to who meets the level of care for Long Term Services and Supports (LTSS) and so… Read More
2020-03-23 12:00
Medicare Part A covers post-hospitalization, subacute skilled care and rehabilitation benefits for individuals who were admitted to the hospital and remained as inpatients for at least three… Read More
2020-03-22 12:00
The State of New Jersey Department of Human Services has announced some initiatives designed to help assure continuity of care, access to medicine and nutrition assistance, for individuals w… Read More
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