Medicaid.  When a loved-one has to leave their home for a nursing home and Medicaid benefits are needed, there is always a fear that the State will “take” the house.  This is especially true when a child has previously moved into a parent’s home to act as the parent’s caregiver.  Once the parent moves into…

Guardianship is a legal decision made by a court. The decision made is that a particular person has become incapacitated. He or she can no longer make decisions about him or herself. The Court also appoints a “guardian” to make decisions for the person it deems incapacitated. This guardian is answerable to the Court. Guardians…

POLST, or Physician’s Orders for Life Sustaining Treatment, is a relatively new document which may be more appropriate for a patient than the traditional “DNR” or do not resuscitate, order at a hospital. It is certainly more powerful than a living will, but is only to be used when a person has a compromised medical…

The Five Year Look-Back, pertains to an application for Medicaid.  Medicaid is a Federal program that is administered by the individual states. Its purpose is to pay the medical bills of the indigent. Medicaid also pays for nursing home care when an elder has less than two thousand dollars. Medicare does not pay for nursing…

Hidden cameras are now available to address the significant increase in elder abuse complaints against home health aides. New Jersey has decided to expand its hidden camera program that began in December 2016. It has been very successful in catching abusers, both among in-home caregivers, and those in nursing homes. Findings By The New Jersey…

A Complimentary Presentation by: Robert J. Shanahan, Jr., Esq. New Jersey Attorney at Law, Concentrating in Estate Planning and Elder Law June 9, 2017, 1:00 p.m. Hunterdon County Senior Center, Route 31 County Complex 4 Gauntt Place, Building # 1, Flemington NJ 08822 (908)788-1359 Passing on personal possessions is an issue for everyone! Owners of…

By: Robert J. Shanahan, Jr., Esq. Community Care Retirement Communities Continuing Care Retirement Communities, or CCRC’s, have become very popular in New Jersey and elsewhere. CCRC’s offer seniors a place to live with services that will automatically adjust as care needs change over time. A new resident is required to pay an entrance fee of several…

Elder law has become an increasingly important practice area because more people are living longer. The practice of elder law involves the following: Estate planning Disability planning Arranging for care, Social Security, and retirement benefits Long-term care insurance Long-term care planning Medicaid Healthcare directives Nursing home issues Protection against elder abuse Other concerns of older…

By: Robert J. Shanahan, Jr., Esq. Nursing home residents rights–they do have them. People do not lose their rights merely because their place of residence has changed to a nursing home. New Jersey law sets a list of rights for nursing home residents. The nursing home administrator will provide residents with written notice of those rights…

Having a Durable Power of Attorney is Highly Recommended A Durable Power of Attorney is one of the three important documents you should have. Aside from your Last Will and Testament and an Advance Directive for Health Care (“Living Will”), the Power of Attorney is an essential part of an estate plan. Unlike your last…