In a case recently decided by the United States Court of Appeals for the Third Circuit, a New Jersey ethics rule restricting lawyers from using complimentary statements by judges in attorney advertising was found to violate the constitutional right to free speech. Dwyer v. Cappell, Docket No. 13-3235 (3d Cir., August 11, 2014) In 2007,.. read more →

(In Zahner v. Mackereth (U.S. Dist. Ct., W.D. PA, Jan. 16, 2014), a federal district court ruled that long-term annuities, that is, annuities with payment terms of 5-years or more, purchased by Medicaid applicants were not transfers for less than fair market value and, therefore, were not subject to a penalty period, but that shorter-term annuities.. read more →

In a very unusual ruling, a New York appeals court ruled that, despite transferring significant assets to family members, an applicant still qualified for Medicaid because the transfers were made exclusively for a purpose other than to qualify for benefits. Matter of Safran v. Shah, Docket No. D42144 (App. Div., 2nd Dept., July 2, 2014).. read more →

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 →