COMMITTEE ON THE UNAUTHORIZED PRACTICE OF LAW Appointed by the Supreme Court of New Jersey   OPINION 53 Issued by UPLC May 16, 2016 Non-Lawyer Medicaid Advisors (Including “Application Assistors”) and the Unauthorized Practice of Law The Committee received an inquiry concerning permissible and impermissible activities of non-lawyer Medicaid advisors, including so-called “Application Assistors.” Inquirer…

This article has been a long time coming. I have thought about writing it many times, but stopped myself. But, I can’t take it anymore. The Banks are driving us crazy. It’s not all banks. It’s just the very large, national banks. The guys that we are told are “too big to fail”. Yeah, those…

In order to be approved for Medicaid benefits in 2016, an individual can have no more than $2199 in monthly income. This includes Social Security, pension and other monthly income. Many times, particularly when a widow or widower collects their spouse’s Social Security, the individual’s monthly income exceeds the monthly income cap. In New Jersey,…

The “Hook” That Is Offered To You By The Nursing Home Upon the admittance of a loved one to a care facility, a discussion of payment for services will take place.  The nursing home will let you know when your loved one’s money is likely to run out, and when you should apply for Medicaid…

Caregivers of elderly parents often experience a parent who routinely makes donations to every charity or cause sending a mailing or who solicits on the phone. It becomes a big problem when an elderly parent gives away thousands of dollars when they are themselves in need of money. It is difficult to end this activity…

Medicaid is a Federal program that is administered by the individual States. Its purpose is to pay the medical bills of the indigent. Presently, Medicaid is available for others, but for the purposes of this article, I will only describe the program for the indigent, over the age of sixty-five, in New Jersey. This is…

Families are often interested in creating care agreements between a parent, who is in need of care, and a child. The agreement is a written contract setting forth the type of care to be provided and the monthly fee to be paid to the caregiving child for the care.  This fee is used to offset…

By: Marjorie Rand When a parent can no longer care for himself, the family often considers the option of hiring a home health aide so their parent can stay in their home. Hiring home health aides has become very common with the aging of the baby boomer generation. There are two options:  hiring an individual…

By: Robert J. Shanahan, Jr. Esq. When it appears that a parent needs nursing home care, the family is often concerned that the money earned by the parent will all be spent on their care. That the parent’s hope of passing on assets to their children and grandchildren upon their death will not be realized,…

Helping Those Who Cannot Help Themselves The court may appoint a guardian when an adult becomes incapable of making responsible decisions due to a mental disability and has no power of attorney naming someone to act on his or her behalf. The guardian acts as a substitute decision maker for that person, who is also…