Elder Law

Bob Shanahan’s elder law articles.

SCAM Alert: Paving Scams

The Readington Township Police Department has issued a scam alert for its residents.  I am sure this scam is not limited to Readington Township but can be found all over Hunterdon County.  The scam consists of unsolicited offers to pave a residential driveway.  As usual

SCAM Alert: Paving Scams2021-06-08T14:00:15-04:00

Pre-Paid Funeral Plan in New Jersey

Should I Buy a Pre-Paid Funeral Plan? Pre-paid funeral plans can be a useful part of an estate plan. A traditional estate plan considers how your assets will best be divided upon your death. Why not finish your plan by providing for your funeral now?

Pre-Paid Funeral Plan in New Jersey2020-02-25T16:02:46-04:00

Guardianships and Voting in New Jersey

Guardianships and Voting in New Jersey When a guardianship is granted over a person due to incapacity, there is an adjudication by a court that the person is unable to manage their own affairs due to dementia, mental illness or some other cause. The question

Guardianships and Voting in New Jersey2020-02-24T15:50:28-04:00

Relief for Caregivers – Respite Care Program

The Statewide Respite Care Program Offers Relief for Caregivers The Statewide Respite Care Program offers relief to caregivers who, for many reasons, may need some time away from their caregiving chores. I recently met with JoAnn Leeds, BSN, RN, who is the Program Coordinator of

Relief for Caregivers – Respite Care Program2020-04-20T17:34:09-04:00

Durable Power of Attorney and Bank Disapproval

The Durable Power of Attorney and Bank Disapproval By: Robert J. Shanahan, Jr., Esq. Any good estate planning attorney will have a client prepare a Durable Power of Attorney when preparing a Last Will and Testament.  Elder law attorneys will also urge clients to prepare

Durable Power of Attorney and Bank Disapproval2020-04-14T15:43:41-04:00

Elder Abuse

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

Elder Abuse2020-04-14T15:58:34-04:00

Dementia and Signing Legal Documents

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,

Dementia and Signing Legal Documents2021-12-07T06:26:21-04:00

Guardianship Abuse

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

Guardianship Abuse2021-12-07T06:23:23-04:00

Alzheimer’s Village Being Constructed in France

Alzheimer’s Disease patients are about to experience a revolutionary living space in France.  Yahoo news reported on June 4, 2018, that work has begun on a new Alzheimer’s Village” where patients will have free rein in a “medieval style citadel” designed to increase their freedom

Alzheimer’s Village Being Constructed in France2020-04-13T14:23:48-04:00

Changing The Deed To Your Home

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,

Changing The Deed To Your Home2020-04-13T15:01:55-04:00

What is Guardianship?

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

What is Guardianship?2021-12-03T05:30:11-04:00

Identity Theft

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 https://www.accidentalpi.com, to speak to my firm’s Client Care Program members Data Collection Via Your

Identity Theft2022-02-10T02:11:58-04:00

POLST: A Solution to DNR Issues

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

POLST: A Solution to DNR Issues2020-04-20T16:56:10-04:00

Medicaid and the Five-Year Look Back Period

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

Medicaid and the Five-Year Look Back Period2020-04-17T17:25:55-04:00

NJ Hidden Camera Program Expanded to Catch Elder Abuse

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,

NJ Hidden Camera Program Expanded to Catch Elder Abuse2020-04-20T15:40:22-04:00

Who Gets Grandma’s Yellow Pie Plate? ™

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

Who Gets Grandma’s Yellow Pie Plate? ™2023-12-08T05:46:35-04:00

Get Advice from an Experienced Elder Law Attorney

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

Get Advice from an Experienced Elder Law Attorney2020-04-14T16:26:45-04:00

Nursing Home Residents’ Rights 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

Nursing Home Residents’ Rights in New Jersey2020-04-20T16:08:24-04:00

New Jersey Guardianships

Increasingly, we Baby-Boomers are being called to care for a parent, or another, who has dementia. At the more advanced stages of this disease, the individual will lose capacity to make decisions about their finances, health care, living arrangements and the like. Unless the person

New Jersey Guardianships2020-04-20T15:24:36-04:00

Powers of Attorney and Your Bank Accounts

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

Powers of Attorney and Your Bank Accounts2020-04-20T17:07:43-04:00

The Qualified Income Trust (QIT)

In order to be approved for Medicaid benefits in 2016, an individual can have no more than $2,199.00 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

The Qualified Income Trust (QIT)2020-04-21T13:38:03-04:00

Tools for Caregivers

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

Tools for Caregivers2020-04-21T14:04:46-04:00

How Does Medicaid Work?

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,

How Does Medicaid Work?2020-04-15T16:30:23-04:00

Collaborative Mediation and Family Disputes

By: Robert J. Shanahan, Jr. Esq. During this month, I have joined a team of presenters in teaching a four-session course on Collaborative Law, sponsored by the Hunterdon County Bar Association. The course presents basic training for lawyers and other professionals who wish to practice

Collaborative Mediation and Family Disputes2022-08-31T12:48:27-04:00

Understanding Guardianships

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

Understanding Guardianships2021-12-07T05:46:54-04:00

Who Can be a Guardian?

When a loved-one is no longer able to make decisions about their finances, housing or medical treatment, and the doctors are telling you that this person has lost capacity, a guardian needs to be appointed by a court. Someone needs to step forward to make

Who Can be a Guardian?2020-04-21T14:56:20-04:00

It’s Too Late to Sign a Power of Attorney

The Scenario Often, I receive telephone calls from a family member asking me to prepare a Power of Attorney for a parent.  It is needed fast, I am told, because the parent needs nursing home care.  My conversation quickly reveals that the parent is suffering

It’s Too Late to Sign a Power of Attorney2021-12-07T06:18:52-04:00

What a Guardian Must Do When the Ward Dies

BY ROBERT J. SHANAHAN, JR. ESQ. Generally, a court order creating a guardianship for an incapacitated person terminates upon the death of the ward.  The guardian is relieved of his or her responsibilities as guardian and may not take any further action with regard to

What a Guardian Must Do When the Ward Dies2021-12-03T05:23:11-04:00

Collaborative Law in the Elder Law Field

By: Robert J. Shanahan, Jr. Esq. BACKGROUND Collaborative Law has been mainly used and developed in the Family Law arena, but it was never intended to be limited to Family Law. Collaboration, by attorneys, with accountants, physicians, social workers and others, has been happening in

Collaborative Law in the Elder Law Field2021-12-03T05:22:18-04:00

When Caring for Mom and Dad

Being an Elder Care attorney for over fifteen years, I have seen so many people in anguish over caring for their aging parents. Many times, I have heard men and women say, "The pressure is killing me." Most of the time, it is the women

When Caring for Mom and Dad2020-04-21T14:53:12-04:00
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