Solving Only One-Half of the Problem (Part 2)

                Last week I was telling you about a very typical call in our office.  Joe and Mary went to see an attorney to get their affairs in order when they learned that Mary had dementia.   It was a little more than 3 years later – when he could no longer care for Mary at […]

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Solving Only One-Half of the Problem

                Joe called me because the hospital social worker suggested it.  His wife, Mary had been in the hospital but was now ready to be discharged.  However, Joe was just now coming to the realization that Mary can’t go home.  He just is not capable of caring for her any longer.  While he is the […]

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New Jersey Courts Decide Case Involving Estate Recovery and Elective Share (Part 2)

                Last week I told you about a case that was just decided by a New Jersey court in which a family tried to avoid the impact of New Jersey’s elective share as it relates to Medicaid.  (See 1/30/17 post for an explanation of the elective share and Medicaid estate recovery).  Here are the basic […]

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New Jersey Courts Decide Case Involving Estate Recovery and Elective Share #EstateRecovery

                Estate recovery is something I am asked about frequently when it comes to Medicaid, although families rarely pose it in those terms.  The question, or some variation of it, goes as follows: “Will Medicaid put a lien on my home?”  What we are talking about is the State of New Jersey’s ability to seek […]

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The Importance of a Good Medicare Supplemental Policy (Part 2)

                Last week I was telling you about a call I received from Mary.  Her husband, John had a heart attack which led to other medical complications.  Long story short he had been in the hospital for 4 months and was now close to exhausting his Medicare coverage under Part A, exposing them to hospital […]

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The Importance of Having a Medicare Supplement (Part 1)

                Since a large majority of our clients are over the age of 65 or disabled and receiving Social Security, those clients also receive Medicare benefits.  Medicare does not cover long term care so as elder law attorneys we don’t spend much time addressing Medicare questions and problems.                 However, I do get questions from […]

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What to Do When You Have No One to Help (Part 2)

                Last week I presented to you the hypothetical, but very common case, of Jane who is in the hospital and has acute and chronic health issues.  She has no family or she is estranged from her family.  The immediate problem is that she has no designated person to act on her behalf as agent […]

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What to Do When You Have No One to Help

                I have written often about the need for everyone to have a support system in place in the event of a crisis.  Think about whom you would turn to if you needed help.  For most people it would be family, a spouse, child, grandchild, sibling, niece or nephew.   But, what if you have no […]

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New Medicaid and VA Figures for 2017 #2017Medicaidnumbers

                It’s time to update the numbers for many of the government programs that affect our clients’ lives and that we work with so often.  I am talking about cost of living adjustments for the new  year. For 2017, the Social Security Administration announced that Social Security recipients will receive a small .3% increase, after […]

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Important Change to Special Needs Trust Law

                 In 1993 Congress enacted a law commonly referred to as OBRA 1993.  The law contained major changes to the Medicaid laws.  Included in the law was a provision permitting the creation of a special needs trust for disabled individuals under the age of 65, into which could be placed the disabled individuals own assets […]

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