A California appeals court held that a trial court’s order directing a trial attorney to remove posts from her law firm website touting her successes constituted an unlawful prior restraint on the trial attorney’s constitutional right to free speech. Christie Steiner v. Superior Court of Santa Barbara County, 2d Civil No. B235347 (Super. Ct. No… read more →

Even after a guardian is appointed for an incapacitated person, our courts will seek to preserve the incapacitated person’s right to self-determination, to the extent possible. This challenging task was addressed by the New Jersey Supreme Court in M.R., 135 N.J. 155 (1994): Unless they endanger themselves or others, competent people ordinarily can choose what.. read more →

Typically, field examiners from the Department of Veterans Affairs (VA) conduct periodic investigations of fiduciaries who handle the monthly compensation or pension payments made by the VA to veterans and their dependents to insure the appropriate use of funds. Fiduciaries as well as the claimants themselves are often unnecessarily concerned about these investigations. Although it.. read more →

As a result of the advocacy efforts by several New Jersey elder law attorneys following a class action lawsuit filed against the State of New Jersey, New Jersey Medicaid’s penalty divisor will be increased to $9,535.62 per month, or $313.50 per day, effective April 1, 2014. The newly increased divisor shall be used for all new or pending.. read more →

    Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs trusts are estate planning devices that are specifically permitted under federal and state Medicaid law, which further New Jersey’s public policy regarding the rights of the disabled. Types of SNTs: Special needs trusts may be “first party” or “self-settled”.. read more →

All New Jersey guardians are appointed by the Superior Court of New Jersey. A “guardian” is a person appointed by a court to make decisions regarding the person or property of an incapacitated adult. A person is “incapacitated” under the law if he or she “is impaired by reason of mental illness or mental deficiency.. read more →