A New Jersey appeals court recently determined that a Medicaid applicant is not entitled to a fair hearing to appeal the state’s assessment of a one-month penalty period because her representative waited more than three months after the decision to request the hearing. Talarico v. Department of Human Services, Division of Medical Assistance and Health [...]
Entries from January 2009
Medicaid Applicant Denied Fair Hearing After Her Power of Attorney Waited Too Long to Appeal Denial of Medicaid Application
January 31st, 2009 · No Comments
Tags: Elder Law · Gifts · Medicaid Applications · Medicaid Planning
Principles And Guidelines For The Practice Of Collaborative Law
January 30th, 2009 · No Comments
I. Goals 1. Our goal is to create settlement options for the benefit of ourselves and our families; and to minimize, if not eliminate, the negative economic, social and emotional consequences of divorce for ourselves and our families. 2. We will strive to be honest, cooperative and respectful as we work in this process to [...]
Tags: Collaborative Family Law
NJ Appellate Court Holds That Mere Friction Or Hostility Between A Beneficiary And A Trustee or Executrix Is Not Sufficient Grounds For Removal Of A Fiduciary
January 30th, 2009 · No Comments
In an unpublished opinion, the Superior Court, Appellate Division, reversed a trial court’s judgment summarily removing the executrix of an estate and appointing an independent third party administrtor based upon a finding that the executrix and beneficiary did not get along. The appellate court held that friction between the executrix and the beneficiary was insufficient [...]
Tags: Estate Litigation · Removal of Fiduciary
Upcoming Program For Professionals Engaged In The Field Of Aging Sponsored By The Elder Mediation Center Of New Jersey
January 29th, 2009 · No Comments
The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging, including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators. We will demonstrate how our unique method of Alternative Dispute Resolution is a valuable [...]
Tags: Elder, Estate, Probate and Guardianship Mediation
New Banner For The Elder Mediation Center Website
January 28th, 2009 · No Comments
We at the Elder Mediation Center are thinking of trying out a new banner, to accompany the new look at our Elder Mediation Center of New Jersey website. What do you think? Here’s our new creation:
Tags: Blogs and Blogging · Elder, Estate, Probate and Guardianship Mediation
Measure Would Mandate That Palimony Pacts Be In Writing
January 28th, 2009 · No Comments
Recently, New Jersey’s Senate Judiciary Committee signaled bipartisan support for legislation that would require that all palimony agreements be in writing and signed to be enforceable in court. The bill, s2091, would amend N.J.S.A. 25:1-5 by adding a new paragraph stating, “A promise by one party to a non-marital personal relationship to provide support for the other [...]
Tags: Family Law
Bills Would Deprive Abusive Parents of Alimony And Inheritance Rights
January 27th, 2009 · No Comments
Recently, the Senate and Assembly judiciary committees unanimously recommended passage of legislation that would eliminate alimony and inheritance rights for parents who abuse, abandon, neglect or cause the death of their children. Under current law, noneconomic fault is irrelevant to alimony awards except in egregious circumstances, and the intestate share of a decedent child is [...]
Tags: Family Law
The Basics of VA Pension Benefits
January 27th, 2009 · 2 Comments
A. The Difference Between VA Compensation and VA Pension Benefits. A veteran who suffered an injury or contracted a disease while on active duty, and the injury or disease was the result of the veteran’s service or was exacerbated by the veteran’s service, can receive monthly income from the U.S. Department of Veterans Affairs (VA) [...]
Tags: Veterans Benefits
The Basics of VA Compensation Benefits and the Effect that the receipt of VA Compensation will have upon Eligibility for SSI and Medicaid Benefits
January 26th, 2009 · No Comments
If a person with disabilities is a veteran, a child of a veteran, the spouse of a veteran, or the parent of a veteran, the disabled person may be eligible to receive benefits from the U.S. Department of Veterans Affairs (VA). Moreover, the receipt of these benefits may jeopardize Supplemental Security Income (SSI) or Medicaid [...]
Tags: Medicaid · Supplemental Security Income (SSI) Benefits · Veterans Benefits
Federal Court Again Rules That The Payment Stream From An Annuity Paid To The Spouse Of A Nursing Home Resident Is Not Countable In Determining The Nursing Home Resident’s Eligibility For Medicaid
January 23rd, 2009 · No Comments
The U.S. District Court for the Western District of Pennsylvania, in a case entitled Weatherbee v. Richman, ____ F. Supp. _____ (C.A. No. 07-134, January 22, 2009), has issued an opinion essentially following the reasoning of the United States Court of Appeals of the Third Judicial Circuit in James v. Richman in a case involving an [...]
Tags: Annuities · Elder Law · Medicaid · Medicaid Planning · New Cases