New Jersey Introduces the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (the“UAGPPJA”)

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Lawyer The UAGPPJA Act has been introduced in New Jersey among other states. It’s about time. Oftentimes, problems with a guardianship develop even without a guardianship dispute. When everyone agrees that an already existing guardianship or conservatorship should be moved to another state, few states have […]

Legal Claims of Fraud Used to Sue for Elder Abuse and Financial Exploitation

By Fredrick P. Niemann, Esq. a NJ Elder Abuse and Fraud Exploitation Law Firm New Jersey law recognizes a number of legal claims of fraud against the elderly, each of which allows attorneys to sue the perpetrators. Common types of fraud include fraudulent misrepresentation, fraudulent concealment, constructive fraud and fraudulent inducement. Fraudulent Misrepresentation Fraudulent misrepresentation occurs when […]

Legal Rights of Nursing Home Residents Under Federal Law

By Fredrick P. Niemann, Esq. a NJ Discharge from a Nursing Home Lawyer The rights of nursing home residents are protected under a federal law known as the Nursing Home Reform Act (NHRA). The law requires nursing homes to protect the rights of each resident and places a strong emphasis on individual dignity and decision […]

When Can a Nursing Home Involuntary Discharge a Resident Under NJ Law?

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 […]