A Power of Attorney Gone Wrong (Part 2)
Last week we were discussing John Potter’s plight. He executed a power of attorney in favor of his daughter and she transferred the home to herself, without his knowledge, even though the document didn’t give her the power to do so. Then, why didn’t he get his house back? The news
New Jersey Medicaid and VA Benefits – 2013 Numbers
Every year brings change, sometimes small sometimes big.   Many of the government benefit programs that we, as elder law attorneys, work with frequently, such as New Jersey’s Medicaid program and the VA Aid and Attendance program, underwent slight changes as the clock turned to 2013. Let’s review them. Medicaid and VA
Lessons Learned from Hurricane Sandy – From an Elder Law Attorney’s Perspective
The past two weeks have been crazy times here in New Jersey. From a late season hurricane to another autumn snow storm, which now seems to be the new norm. When not in search of gas, my staff and I made some interesting observations from the calls we have received
A Tragic Tale and a Lesson for All
Driving is always a sticky issue with aging parents and family members. Mom or Dad’s refusal to acknowledge physical and mental limitations can put their lives at risk but if they get behind the wheel of a motor vehicle they can put others at risk. A recent New Jersey wrongful
Role Reversal – When the Child Becomes the Parent
It is something I explain frequently to families when discussing long term care and a conversation I had last week with Dad’s three children who flew in from different parts of the country to meet with me regarding his placement in an assisted living facility. The discussion centered on what Dad
College Debt and Long Term Care – Unrelated? Maybe not
I have written and spoken in the past about the dangers of grandparents paying for a grandchild’s college education if they haven’t planned for long term care first. That payment may not be subject to gift tax laws but will be subject to a Medicaid transfer penalty. However, there is
Social Security – Take it Early or Not?
Much has been written recently about the pros and cons of taking Social Security early at age 62 vs. waiting till full retirement age (which gradually increases till it reaches age 67 for those born in 1959 and later). One article I read recently explains why it could be a
Quite Possibly the Best Mother’s Day Gift Ever
Amanda was in an excited state when she called, wanting to make an appointment immediately for she and her mom. Amanda lives out of state but was coming home for Mother’s Day and would stay another day to meet with me. I calmed her down and asked her to share
If We’re on Hospice, Why Bother with Long Term Care? (Part 2)
Last week we were discussing Carla and Dennis.  Carla reached out to us, not really thinking we could help her, but because her friend kept urging her to call. Her husband, Dennis was on hospice and didn’t have much longer to live. But, in our conversation, I focused on Carla’s
If We’re on Hospice, Why Bother with Long Term Care Planning?
Carla called me only after much urging from her friend. Carla’s husband, Dennis, had lung cancer and it had spread throughout his body. The end of his battle was nearing and he had been approved for placement on hospice, an approach to medical care where the goal is to enhance