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

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

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

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

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

Advocates are celebrating an important victory for individuals who provide care for their parents at home. The new decision will likely lead to a substantial expansion in the number of homes transferred to those caregivers. In A.M. v. Monmouth County Board of Social Services, the New Jersey Appellate Division recently reaffirmed the New Jersey regulation that allows older adults to transfer their homes to their adult caregiver children without Medicaid penalty.» Read More

If you receive Social Security or SSI, you likely have already noticed that your check is slightly larger this year. The Social Security Administration has provided a 1.3% cost-of-living adjustment (COLA) for benefit payments. This brings the federal SSI payment to $794.» 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 law firm Norris McLaughlin, P.A., is pleased to present the Special Needs Spotlight Webinar Series. In this next session, “Understanding NJ Medicaid for Individuals With Disabilities,” Shana Siegel, a Member of the firm and Chair of its Elder Care & Special Needs Law Practice Group, was joined by Gwen Orlowski, Executive Director of Disability Rights New Jersey.» Read More