The Uniform Law Commission, a national law group, approved a new law on July 16, 2014 which provides access to digital assets by executors, guardians, agents under powers of attorney and other fiduciaries. The purpose of the Uniform Fiduciary Access To Digital Assets Act (UFADAA) is to provide fiduciaries with the authority necessary to access,.. read more →

New Jersey trial judge ruled that a litigant may not appear at trial in a divorce case through an agent appointed by the litigant in a power of attorney (POA). Marsico v Marsico, Docket No. FM-15-1152-13-N (Chancery Div., Ocean County, Hon. L.R. Jones, J.S.C.) Louis and Beverly Marsico are both in their eighties, and married.. read more →

When confronting the prospect of guardianship for a loved one, a threshold issue is who will apply to become the guardian. However, a natural concern of many prospective guardians involves the possibility that the ward might cause harm to another person or property: would the guardian be held liable for the resulting damages? The simple.. read more →

In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a federal district judge ruled that an applicant’s claim against the State of New Jersey for denying Medicaid benefits based upon the purchase of an annuity survived a motion to dismiss even though the State reversed the denial because the applicant.. read more →

In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District Court for the District of New Jersey denied the defendant nursing home’s motion to dismiss a claim against it brought by nursing home resident Philbert F. Kongtcheu. In Kongtcheu, the pro se nursing home resident brought a variety of claims.. read more →

On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of Approved Applicants and Methods Used to Reduce Assets to Qualify for Medicaid, which Sens. Tom Coburn (R-OK) and Richard Burr (R-NC) and Reps. Darrell Issa (R-CA) and Trey Gowdy (R-SC) requested. The GAO report confirmed that about 95% of approved.. read more →