Finally! A clear declaration on the snapshot date for NJ medicaid home care applications
When a married person applies for Medicaid benefits to pay for nursing home care (“institutional care”), the first day of the first month of continuous residence in the facility is often referred to as the “snapshot date.” On that date, a “picture is taken” of all of the non-excluded assets owned by the two spouses. A calculation is then made to see if a...
Good Reasons to have a Power of Attorney in Place After Age 18
Once a person turns 18, s/he is presumed competent in the eyes of the law and their parents are no longer actually authorized to sign documents for them. This can create a vacuum especially if the parents have generally been managing everything for this young adult.
At the other end of the spectrum, older adults may not have anybody who actually has any legal authority to handle things for...
Age-Friendly Communities Conference Coming on March 11th
There’s a nationwide effort to encourage towns and cities to develop initiatives and programs that will make their communities more “age-friendly,” to encourage people to remain a part of the local community as they get on in years. Community initiatives have included outdoor upgrades such as better lighting, more benches, and better crosswalks, as well as expanded senior...
Medicaid Stakeholders Attend the Big MAAC
New Jersey FamilyCare’s Medicaid program has many components that serve different population groups of people who are aged, disabled or poor. Did you know that there is a Medical Assistance Advisory Committee (MACC) which meets regularly and is required to hold quarterly public forums? On February 5th, along with other members of New Jersey NAELA, I attended the first MAAC (Medical...
After the Wedding Bells Have Rung Again, Update your Estate Plan
It is surprising how often we hear of situations in which a person passed away unexpectedly or had a catastrophic accident or stroke, and various family members or good friends start trying to find out information or even start trying to gain access to assets without any authority to do so. Oftentimes, energy is fruitlessly spent before legal advice is obtained. Sometimes, tremendous fights...
Marinaro is new NAELA Federal Policy Co-Chair
The National Academy of Elder Law Attorneys held its annual meeting in Fort Worth, Texas last week. Lauren S. Marinaro was selected as the incoming Co-Chair of NAELA’s Federal Policy Committee.
Marinaro is President of the New Jersey Chapter of NAELA (NJ-NAELA), which advocates on legislative and policy matters that affect senior citizens and people with disabilities in New Jersey....
Guidance issued on ABLE Accounts, Medicaid and SSI
The Centers for Medicare and Medicaid Services (CMS) has finally issued some guidance on the use and funding of ABLE accounts for individuals with disabilities, and guidance on the way the ABLE statute intersects with the strict financial requirements of the Supplemental Security Income (SSI) and Medicaid programs. The federal statute (the ABLE Act) created an opportunity to create a fund to...
Who’s doing that Medicaid application?
An application for Medicaid to pay for nursing home care can be filed by the individual himself, his spouse, another relative by blood or marriage, a staff member of an agency of which the person is a client, the person’s physician, the person’s attorney, or a designated staff member at the nursing home. Of course, a court-appointed Guardian or Agent under Power of Attorney could...
Elective share and Medicaid can lay a trap for the unwary
In New Jersey, a surviving spouse has the right to claim his or her “elective share” of the deceased spouse’s estate if the deceased left him/her an inadequate inheritance. The calculations are made using the step-by-step process of a set of state statutes, N.J.S.A. 3B:8-1. If the individual receives Medicaid benefits and is widowed, failure to claim the “elective...
Guardian needs a Court Order to move incapacitated person out of State
Once a Court has ruled that a person is “incapacitated” and has appointed a Guardian of his person and property, the Guardian has many responsibilities and also, there are certain restrictions on what a Guardian may do. The details are spelled out in New Jersey’s laws and court rules. Also, each County may have certain specific procedures of its own. One of these limitations...