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 […]
Category Archives: Elder Law
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. […]
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Estate Planning Attorney A client was referred to me by another attorney. She was the victim of domestic abuse and is currently in the process of getting divorced. She wants to prevent her husband from gaining custody of her children […]
What Is a Representative Payee Under Social Security
By Frederick P. Niemann of Hanlon Niemann & Wright, a NJ Elder Law Attorney More than eight Million People, who get monthly Social Security or Supplemental Security Income (SSI) benefits, need help managing their money. In these cases, Social Security will approve the appointment of a relative, friend, or other interested party to serve as […]
Guardianship & Conservatorship for Incapacitated Adults (Part II)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney Only a judge can decide if a person is incapacitated and then he or she will appoint a guardian and/or conservator for that person. Once a judge decides that a person needs a guardian and/or conservator, the judge has discretion in deciding who the guardian […]
Who Has Legal Priority to Be Appointed as Administrator of an Estate in New Jersey, a Same Sex Partner or a Biological Parent?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Administration Attorney Our office received an interesting new case involving the administration of an estate. Here, the decedent who was middle-aged, died without a will. She was not married and had no children but apparently lived in a quasi-domestic partnership […]
Stealing From Elderly Parents is Elder Financial Exploitation
By Fredrick P. Niemann, Esq. of Hanlon Niemann a Freehold, New Jersey Elder Abuse and/or Financial Exploitation Attorney A common legal theory that we use at Hanlon Niemann in cases of claimed elder financial exploitation is breach of a fiduciary relationship by children when they steal money and property from their elderly parents and/or relatives. […]
Your Medical Condition Does Not Always Have to Improve to Qualify for Medicare Coverage
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County Elder Care and Medicare Attorney Medicare Beneficiaries who are discharged from a hospital can qualify for Medicare Coverage of Skilled Nursing Care under specific circumstances. I’ve listed these circumstances for you below: The skilled nursing facility care was ordered by […]
Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney A judgment of incapacity has legal significance in our judicial system. The appointment of a guardian confers such power and responsibility onto this person that our courts, through the Surrogate, require this person to report in on the well-being of his or her ward, along […]