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Elder Care Law

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 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

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

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

Jan 05, 2022

How to Determine if Your Family Member Needs Help and How You Can Assist without Overstepping

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

Nov 23, 2021

What Am I Signing? – New Ruling on Arbitration Clauses in Admission Agreements

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