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…

Identity theft continues to be a serious problem, and it is one with which we should be very concerned.  Recently, I invited David B. Watts, an experienced private investigator and author http://www.accidentalpi.com, to speak to my firm’s Client Care Program members Identity Theft is More Than You Think Mr. Watts made it very clear that privacy…

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…

The Facebook “Hard Questions” blog recently addressed the issue of what should happen to people’s online identity when they die.  https://newsroom.fb.com/news/2017/08/what-should-happen-to-online-identity/ This is a wonderful article expressing the emotional and practical issues surrounding one’s online postings after death and how, at least one company is grappling with solutions, while waiting for the law to catch…

Can the terms of a Will be changed to make them “fair”?  Let’s say that a parent has died.  Under the terms of the parent’s Will, one of four children is disinherited.  The child and parent did not get along, and, for good reason.  The parent was a bit unreasonable in the eyes of all…

“Control over my funeral” is becoming a developing issue in my practice.  Funeral directors have asked me to sign statements that I have such authority when I have buried my wards as a court appointed guardian.  Now, family survivors are disagreeing over the disposition of a loved-one’s remains, and inquiries are being made about the…

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…

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…