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Elder Care and Special Needs Law Blog

Peace of Mind

Helping families face aging, illness, and disability through estate planning, asset preservation, and life care planning.


Mar 16, 2023

The Powers That Shouldn’t Be: Combating Fraud & Exploitation

Preventing Exploitation and Fraud Amongst Long-Term Care Providers and Medicaid Advisors

Important consumer protection legislation for seniors and others who need-long term care has been introduced by New Jersey State Senators Joseph F. Vitale and Robert W. Singer. This bill, S3606, addresses a variety of problems that advocates have been fighting against for years but have recently come into the public spotlight due to some great reporting on exploitation of residentsRead More

Jan 26, 2023

Medicaid Disenrollment’s Are Coming, But There Is Still Time to Fix Eligibility

There have been few silver linings to the COVID-19 pandemic, but one of those few is the fact that the federal government prohibited states from terminating any Medicaid beneficiaries during the public health emergency. This has allowed hundreds of thousands of Medicaid beneficiaries in our tri-state area to continue to receive Medicaid benefits despite being technically ineligible.» Read More

Jan 10, 2023

Ten Most Common Myths about Medicaid

1 – I cannot give away anything and qualify for Medicaid.

This is a complicated area of the law and readers should consult with a knowledgeable elder law attorney before they transfer their assets. Although transfers between spouses are exempt, transfers to persons other than spouses usually subject the donor to penalties that result in periods of ineligibility for Medicaid.» Read More

Dec 01, 2022

Researchers Warn That Failure to Plan by and for Individuals with Disabilities may Result in a Major Public Health Crisis

A recent national study found that half of the families that care for a loved one with a disability have not made plans for the future. That is likely to have devastating effects, as three-quarters of Americans with disabilities live with a family caregiver, and one-quarter of those caregivers are sixty or older.» Read More

Nov 15, 2022

“The Importance of Choosing the Right Medicaid Advisor”

Most individuals think they’ll never find themselves or their loved ones on Medicaid. However, the cost of long-term care is so exorbitant that many middle-income seniors turn to Medicaid to pay for their care in assisted living and nursing facilities. Medicaid is complex, with intricate rules that require special attention and planning.» Read More

Nov 10, 2022

“Just Put Her in a Nursing Home,” Said my Son

I was recently speaking with my millennial son about a close friend whose elderly mother was having a health emergency. Her mom, Rita, lives in an apartment and has a caregiver during the day but has refused help at night. Rita could not be alone, and my friend had to cancel her plans and stay up all night with her mom and then go to her demanding job the next day.» Read More

Aug 25, 2022

Do I have to sign over all my assets when I enter a long-term care facility?

I get asked some version of this question fairly frequently. I generally reassure clients that most facilities simply require you to pay month-to-month, and you can leave at any time. Now I may have to change my response, as news broke this week that a New Jersey woman allegedly had all her assets stolen by the very entity she trusted to care for her.» Read More

Aug 18, 2022

The PACT Act Signed into Law

On Aug. 10, 2022, President Biden signed into law a monumental expansion in VA health care and benefits. The full name of the law is The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act.

The best-known provisions of the law are those that add more than 20 new medical conditions that result in presumptive eligibility for service-connected disability benefits.» Read More