If you are acting as an Executor or Administrator of an Estate, a court appointed guardian, an agent acting under a Power of Attorney, or a Trustee, you are a Fiduciary. By law, a Fiduciary is accountable for their acts and must act in the
Elder abuse has been defined as an intentional act which creates a serious risk of physical, emotional or financial harm to an elderly person. The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or
If there is no Last Will and Testament appointing an Executor, or if none of the people named as Executor in a Last Will are able to act, then the appointment of an administrator will be necessary to administer the estate. Who will be
Dementia creates serious problems, no doubt. Among them is the compelling issue of who will make decisions for a person suffering from dementia, and who has the right to appoint such a decision-maker? What are the spouse’s rights? How about the children, individually? More importantly,
Guardianship abuse reports have been in the news repeatedly, https://www.nextavenue.org/guardianship-u-s-protection-exploitation. Reports of the guardianship system being used to steal and exploit those unable to help themselves are on the rise. Criticism of “the System”, how one becomes a guardian, and the lack of oversight of
“Aging in place”, or receiving care at home, is the desired goal of many people when thinking about their “Golden Years”. Understandably, we want to stay in our homes, our familiar surroundings, when we get old. As we get even older, hiring in-home care, such
Deeds to real estate, especially for your house, are known to be very important documents. Many consider changing a deed in order to ensure that their house gets passed to the next generation or some other significant person. This must be done with some foresight,
Bob Shanahan has been named Volunteer Guardianship's Volunteer of the Year. Bob Shanahan “Please join Volunteer Guardianship One on One in honoring Robert J. Shanahan, Jr., Esq., who has been an active volunteer in the Hunterdon County community for the past 24 years.
A Last Will and Testament, if properly drafted, indicates how you would like your assets distributed to your heirs, appoints an Executor to carry out your wishes, and should indicate who has authority over the disposition of your remains. In New Jersey, it can be
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
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
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 it is
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
Hidden cameras are now available to address the significant increase in elder abuse complaints against home healthcare 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,
By: Robert J. Shanahan, Jr., Esq. Guardian candidates are now required to view a video created by the New Jersey Judiciary prior to being appointed by the Court. The New Jersey Courts want to be sure that guardians are aware of their responsibilities and obligations
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
You could knock me over with a feather. I never thought I would live to see the day when the New Jersey Estate Tax would be repealed, but both houses of the legislature in Trenton passed a repeal bill, and Governor Christie signed it. (www.state.nj.us/treasury/taxation/njestatetax.shtml)
It is often assumed that when an incapacitated person needs a guardian, all right of decision-making is taken from the person in need. While the removal of the right of self decision-making may be required in the vast majority of cases, it is not necessarily