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…

Happy Holidays It’s the holiday season and instead of reading about some serious legal issue, let’s try to laugh a little.  Here is one of my favorite stories and although it’s not a holiday story, I hope it will suffice: For years, two brothers—one a lawyer, and the other an accountant who could not hear…

Invitations to join our 2018 Client Care Program will be going out to our estate planning clients shortly. Client Care Program/Shanahan & Voigt SV Law’s client care program has been running since 2012. The program is a way for the firm to keep in contact with clients for whom we have written wills, trusts, and…

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…

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 prior to their appointment. Guardianship Monitoring Program in New Jersey…

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…

By Robert J. Shanahan, Jr., Esq. Avoid probate! There are many books, and much advice, about how to avoid probate by creating a living revocable trust, instead of a last will and testament. This trust is created during your lifetime. A trust document is prepared, appointing the drafter as the trustee, and naming a successor…