By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer Pursuant to N.J.A.C. 10:63-1.10(e), only four reasons can be relied upon when a nursing home proposes the involuntary discharge of a resident. The first reason is if the discharge is required by medical necessity. The second is if the discharge is necessary […]
Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over Henrietta’s estate plan, who prior to being declared incapacitated in 1997, established an estate plan designed to benefit both of her boys and their families, and was specifically designed to place […]
Nursing Home or Hospital Dumping Can Be Elder Abuse in New Jersey
By Fredrick P. Niemann, Esq. a New Jersey Discharge from a Nursing Home Lawyer In many cases, an aging person who is discharged from a nursing home is discharged because they aren’t as profitable as someone else. While Medicaid covers the costs of a nursing home, it does not pay as well as private pay […]
Recognizing Elder Financial Abuse and Exploitation
By Fredrick P. Niemann, Esq. an Elder Abuse Attorney Elder financial abuse can be simple as a family member taking money from grandma’s purse without asking her, or as complex as embezzling money from grandma’s bank account. In New Jersey, there is a Money Management Program offered by the New Jersey Division of Aging and […]
In a Will Contest Do the Witnesses to the Maker’s Signature Have to Read the Document First? (Part 3 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate & Estate Administration Attorney The court acknowledged the possibility that “one or more papers of the will might be removed and another substituted,” but concluded that this possibility “is not sufficient to justify denying admission of a will to probate.” Just […]
The Nursing Home Discharge Process in New Jersey
By Fredrick P. Niemann, Esq. a New Jersey Nursing Home Discharge Attorney Under state law, a nursing home must give a patient at least 30 days notice prior to a proposed discharge. Additionally, a nursing home must provide a substantial and lawful reason for discharging the patient. They must also ensure that the patient has […]
The New Jersey Medicaid Application Process: It’s Tough!
By Fredrick P. Niemann, Esq. a New Jersey Medicaid Application Attorney The Medicaid application process differs state to state. In New Jersey, the county Medicaid office is generally available to answer questions about, qualifying for Medicaid, as well as the ins and outs of the application process. But good luck getting a live person or […]
If You Die Without a Will, Who Gets Your Estate Under New Jersey Law?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Probate and Estate Administration Law Firm of Freehold Monmouth County New Jersey When no will exists, the statutes of New Jersey provide for the distribution of property to heirs, that is, by intestate succession. How will your property be divided if you have no will? The […]
Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney In my last blog, I started talking about the case of In re Cohen, which focused on the issue of a guardian making gifts on behalf of his or her ward that directly contradicted an estate plan created previously by a ward. Our ward in […]
Can a Nursing Home Unilaterally Transfer My Parent to a Different Room Without Her Consent?
By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer The involuntary transfer of a Medicaid recipient, including “an individual who had entered the facility as a private pay resident and is now awaiting a decision on Medicaid eligibility is permitted only “when an adequate alternative placement . . . is available. […]