Elder Law

Bob Shanahan’s elder law articles.

Presentation on Medicare, Medicaid and Working with Banks

Presentation on Medicare, Medicaid and Working with Banks, and Recognizing Sings of Addiction in the Elderly Complimentary Presentation On March 27, 2019, Attorney Bob Shanahan will join Steve Drzewoszewski, MSW, LCADC on the topics of: "Recognizing Signs of Addiction in the Elderly" & "Medicare, Medicaid

By |2019-08-14T07:29:05-04:00March 5th, 2019|1 RS Homepage, Announcements, Elder Law, Guardianship, Medicaid|

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

By |2018-10-19T11:12:34-04:00October 19th, 2018|Elder Law|

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,

By |2018-08-17T14:48:35-04:00August 17th, 2018|Elder Law, Guardianship|

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

By |2018-01-02T20:50:49-04:00January 2nd, 2018|Elder Law, Guardianship|

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 is only

By |2017-10-06T12:09:47-04:00October 5th, 2017|Elder Law|

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

By |2019-08-23T07:27:59-04:00January 23rd, 2017|Elder Law, Estate Planning, Guardianship|

Opinion 53 Issued by UPLC May 16, 2016

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

By |2016-10-31T13:53:33-04:00June 17th, 2016|Elder Law, Estate Planning|

The Qualified Income Trust (QIT)

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

By |2016-10-31T13:53:57-04:00June 15th, 2016|Elder Law, Estate Planning|

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

By |2016-09-26T10:57:45-04:00April 22nd, 2016|Elder Law|

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

By |2015-07-08T10:59:38-04:00March 26th, 2015|Elder Law|

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

By |2015-03-05T23:13:13-04:00March 5th, 2015|Elder Law, Guardianship|

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

By |2019-08-23T07:53:58-04:00November 15th, 2013|Elder Law|

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

By |2014-04-24T20:10:58-04:00November 7th, 2013|Elder Law|

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

By |2019-06-25T17:40:31-04:00March 2nd, 2012|Elder Law, Medicaid|

May is National Elder Law Month.

May is National Elder Law Month.  As part of a nationwide observance of National Elder Law Month by the National Academy of Elder Law Attorneys (NAELA), Bob Shanahan will be giving a presentation, "Living Wills and Healthcare Powers of Attorney: The Legal and Practical Issues",

By |2015-02-22T21:44:26-04:00May 1st, 2011|Elder Law|