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 […]
Category Archives: Elder Law
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 […]
Claims of Undue Influence, Coercion and Duress in Elder Financial Exploitation Lawsuits
By Fredrick P. Niemann, Esq. a NJ Elder Abuse and/or Financial Exploitation Attorney The most commonly used theory for law suits filed by Hanlon Niemann in cases involving elder financial exploitation are undue influence (https://www.elderabuseinnj.com/challenging-gift-undue-influence/), coercion and duress. These legal theories claim that the elderly victim, when executing a legal document or otherwise, was unable to […]
News Alert – In China It’s Visit Your Parents — Or Get Sued By Mom & Dad
By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse Attorney Can you believe this article I recently read? China is cracking down on adult children who may be neglecting or possibly abusing their elderly parents. Is this a possibility in the U.S.? Do you like to visit your Mom and/or Dad? In China, it’s […]
Level of Capacity With Respect to Wills, Trusts, and Powers of Attorney Under NJ Law
By Fredrick P. Niemann, Esq. a NJ Elder Law Attorney Legal Capacity is required for the legal execution of a will and/or a testamentary trust under New Jersey law. a. What is legal capacity and what does it mean under New Jersey Law? Legal capacity (sometimes called Testamentary Capacity) requires:A person to be at least […]
Do You Get a Jury to Decide an Elder Abuse Accusation?
By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse and Financial Exploitation Attorney When a criminal case for elderly abuse is filed, an accused person is entitled to a jury trial on civil and criminal legal claims but not on equitable claims. An elder financial abuse action is most often a legal action against […]
What Are The Warning Signs Of Elder Abuse?
By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Abuse Attorney While one sign or several signs do not necessarily indicate elder abuse all of the time there are some tell-tale signs of a problem: Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or […]
Protecting Your Elder Loved Ones From Financial Abuse
By Fredrick P. Niemann, Esq., a NJ Elder Abuse and Financial Exploitation Attorney It’s no secret that the economy has worsened in recent years. Unfortunately, with the struggling economy has come a rise in elder financial abuse, Individuals see the elderly as being more vulnerable to scams, fraud, and other financial abuse due to their […]