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

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

In January 2022, Gov. Phil Murphy signed a bill (A4478) that improves reporting and enforcement for nursing homes. The law requires nursing homes to disclose more detailed financial information. This is especially important as an increasing number of facilities are owned by private equity firms.» Read More

Most of the time, the caregivers who come into my office desperately want to keep their loved ones at home. They come looking for assistance as the price of private home care is skyrocketing. For my New Jersey clients I cannot always share good news.» Read More

It’s that time of year: holiday music, traffic, and annual pilgrimages to see faraway family members. For many of us, this is the first time we have seen those family members in two years. Covid has necessitated prolonged isolation that has impacted the mental health and cognitive status of many older adults. » Read More

When a family member enters a nursing home or assisted living, it is an emotional and overwhelming time. So, generally, a careful review of the admission contract and related documents is not a top priority. Moreover, potential residents or family members who have concerns about certain provisions assume they have little choice, and the contracts are “take it or leave it.”» Read More

It had been over a year since our geriatric social worker, Lori, and I first met with and wrote about our client Jane, who came to see us because she was concerned about her parents. Since that time there have been many more Janes, all facing similar challenges.» Read More

In recent days, The New York Times has devoted several articles to the long-term care industry and its failure in the pandemic. (See “This Is Why Nursing Homes Failed So Badly,” “Nursing Home Patients Are Dying of Loneliness,” and “Push for Profits Left Nursing Homes Struggling to Provide Care.”)» Read More

As COVID cases surge again, many clients have expressed concerns about loved ones requiring long-term care. Families are naturally hesitant to consider facility placement. Facilities are definitely better prepared now than in the spring, and most have so far been able to keep cases under control.» Read More

The impact of COVID-19 has disproportionately affected New Jersey seniors living in long-term care facilities. Nearly half of the state’s deaths were residents of these facilities, and nursing homes remain under strict lockdown. I have mourned the loss of clients and listened as families shared devastating stories of death, sudden and drastic decline, and isolation.» Read More