By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Abuse Lawyer Robert, 88 years old, lives with his adult children in Hackensack, Bergen County, whom are in their 50’s. Robert was a child growing up just after the Great Depression, so he is afraid of banks and risky investments. His don’t understand him […]
Category Archives: Elder Law
Making Public the Difference Between Elder Abuse Stories in Nursing Homes vs. Elder Abuse and Financial Exploitation in the Community?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse and Financial Exploitation Attorney Elder abuse in New Jersey nursing homes is likely to result in criminal prosecutions or other governmental investigations. Elder abuse within a private home is often not reported and rarely results in a successful criminal prosecution. In both […]
Standby Guardianship in NJ: An Interesting Concept
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Guardianship Attorney I was reading an article about guardianship that I thought was worth summarizing for my readers. The article was about a Standby Guardian. A Standby Guardianship is an individual appointed by a parent for the benefit of his/her child in the event […]
Must a Doctor or Hospital Comply with a Patient’s Living Will and Advance Healthcare Directive Under New Jersey Law
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, New Jersey Elder Law and Healthcare Directive Attorney This recent case raises issues concerning the legal obligations imposed on health care providers when a patient’s health care directive conflicts with the healthcare providers’ professional opinion(s) that the requested care is medically ineffective and may cause […]
Can a Creditor Execute a Judgment Against a Life Estate in New Jersey Real Estate?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County NJ Elder Law Attorney A client has a life estate in his home with the remainder interest (a remainder interest is an “ownership interest”) having been given to family members, specifically his children. I was asked to determine if a legal judgment would attach to his […]
A Nursing Home Cannot Force a Resident’s Family or Friends to Guarantee the Payment of Nursing Home Costs
By Fredrick P. Niemann, Esq. a NJ Elder Care Attorney Admission to a nursing home is a traumatic event. No one wants to go to a nursing home, especially the incoming resident, family members and concerned friends. Sometimes a nursing home will try and secure an economic benefit by requesting that a friend, power of […]
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 […]
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 […]
Understanding the Basics of a Guardianship Proceeding in New Jersey
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County, NJ Guardianship Attorney The best way to avoid a guardianship is for an older person to prepare a durable power of attorney before a health crisis occurs. That way, someone handpicked will be able to step in to make financial and medical decisions if necessary. But […]