By Fredrick Niemann, Esq. a NJ Medicaid Eligibility Attorney As an elder law attorney, I regularly work in the State Medicaid programs that provide long term care benefits. I categorize these programs primarily as institutional Medicaid and community waiver Medicaid under the MLTSS Program (Managed Long Term Support Services). Institutional Medicaid covers long term care in […]
How Can An Annuity Protect Your Assets From New Jersey Medicaid Laws?
By Fredrick P. Niemann, Esq. a New Jersey Medicaid Attorney Annuities are really confusing. But in today’s medical world, you may hear that annuities can be “Medicaid friendly.” What exactly is a “Medicaid friendly annuity”? Simply stated, they are funds converted into an annuity that Medicaid treats as an exempt resource and only as income […]
New Jersey Federal Court Upholds Legal Challenge to Appeal of Medicaid Denial (Part I of III)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County New Jersey Appeal of Medicaid Denial Attorney A case law in New Jersey addressed a challenge to the postponement of a penalty period of ineligibility by the Commissioner of the New Jersey Department of Human Services. The plaintiff in this case was a woman over […]
Federal Medicaid Law Prevents a Nursing Home from Billing You Directly
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, Monmouth County, NJ Elder Law & Medicaid Attorney I read an interesting case, which frankly brought up an issue I had not contemplated which is; must a medical service provider (i.e., a doctor, hospital x-Ray technician) bill a Medicare/Medicaid patient directly for services […]
An Equitable Adoption? You Are Either Legally Adopted or You Are Not. There is No In-Between. (Part 2)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 2 of a 2 Part Series In my previous post, I discussed a case which involves the death of a biological parent in which a child was never formally adopted but raised as if the biological child of a stepparent. I […]
An Equitable Adoption? You Are Either Legally Adopted or You Are Not. There is No In-Between. (Part 1)
By Fredrick P. Niemann, Esq., a Freehold Township, Monmouth County, NJ Probate Attorney Part 1 of a 2 Part Series Adoptions are a very serious matter, yet there is no shortage of interesting cases under the law of adoption(s). One might think that an adoption fits the description of a straightforward proceeding involving adoptive parents, […]
Just How Far Must You Go To Serve A Lawsuit Upon a Defendant (Part 3 of a 3 Part Series)
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trial & Litigation Attorney In Parts 1 and 2 of this blog post, I discussed the appeal of a tax sale foreclosure action and the court’s legal analysis. Read on for the outcome of the case. Here, plaintiff contends it properly served […]
Why Is a Guardianship Necessary in New Jersey?
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold Township, Monmouth County, NJ Guardianship Attorney One of the most important reasons to have a guardianship in place is to expedite medical treatment needed by the disabled person. Doctors and hospitals under certain conditions may refuse to perform non-emergency procedures on disabled patients without legally […]
How Guardians Are Compensated in New Jersey
By Fredrick P. Niemann, Esq. a NJ Guardianship Attorney Guardians are reimbursed for expenses, and paid for their services, from the assets of the person they are taking care of. Payments must be “reasonable” in the eyes of a court. Generally, payments are only made to professional or public conservators, but a family member who […]
Using a Dementia Assessment and Psychological Report in the Trial of a Contested New Jersey Estate
By Fredrick P. Niemann, Esq. of Hanlon Niemann, Freehold, New Jersey, a NJ Probate Litigation Attorney In New Jersey, the most frequent grounds for contesting a will or a trust in New Jersey are: Lack of Mental Capacity, and Undue Influence. It is generally recognized by will contest lawyers that there are (2) two levels […]