The Bank Says I Need Guardianship For Mom (Part 2)
The bank told Mary they would not honor her mother’s power of attorney (POA), designating her as agent. They instead insisted she would need to apply for guardianship. Last week, I told you that the bank’s position violates New Jersey law. Why? Because they did not have a specific reason for
Home Health Aide – Employee or Independent Contractor? (Part 2)
So, Mom needs a home health aide. Hire an agency or hire an aide directly? As I explained last week, some of my clients make that decision based solely on cost. They can pay an aide less than they would pay an agency. That typically is because they are treating
Home Health Aide – Employee or Independent Contractor?
It’s a conversation we have with most of our clients at some point when guiding them through what we call the elder care journey. Mom wants to stay at home but needs assistance with some of what are known as the activities of daily living – eating, bathing, dressing, walking
Seth Rogen Shouldn’t Be Surprised
The fact that a Hollywood actor testified before Congress is not anything new. Actor, Seth Rogen spoke before a Congressional appropriations subcommittee a couple of weeks ago about the need to devote more funds and attention to fighting Alzheimer’s Disease. But what created more of a stir was Rogen’s comments afterwards
Do You Have a Natural Support System?
It’s a growing epidemic, the number of aging Americans who have no one who would naturally be their support system as their health declines and they need assistance. A New York Times article the other day, titled “The Childless Plan for Their Fading Days”, highlights this problem and what some
Long Term Care Insurance Partnership Program – Frequently Asked Questions
Last week we were discussing the long term care partnership program which was reinstated as part of the last round of changes to the Medicaid laws in 2006. Now let’s answer some frequently asked questions. Purchasing a “partnership policy” allows you to protect an additional dollar amount in assets above the
What is the Long Term Care Insurance Partnership Program?
Is it possible to purchase long term care insurance and be able to protect more than the minimum number of assets that Medicaid allows to qualify for benefits? The question is a reference to something called the Long Term Care Partnership program. The partnership program is designed to encourage people to
I’ve Been Named Agent Under POA – Now What Do I Do? (Part 2)
Last week we were talking about Harry and Wilma. They designated me as their agent under power of attorney, asking me to take over handling their financial affairs. They moved into a nursing home and I now had to figure out how to pay for it. Harry and Wilma were able
A Power of Attorney Gone Wrong (Part 2)
Last week we were discussing John Potter’s plight. He executed a power of attorney in favor of his daughter and she transferred the home to herself, without his knowledge, even though the document didn’t give her the power to do so. Then, why didn’t he get his house back? The news
New Jersey Medicaid and VA Benefits – 2013 Numbers
Every year brings change, sometimes small sometimes big. Many of the government benefit programs that we, as elder law attorneys, work with frequently, such as New Jersey’s Medicaid program and the VA Aid and Attendance program, underwent slight changes as the clock turned to 2013. Let’s review them. Medicaid and VA