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 […]
Category Archives: Elder Care
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 […]
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 […]
How Valid Are Nursing Home Visitation Restrictions
By Fredrick P. Niemann, Esq; a New Jersey Elder Care Lawyer Many nursing homes have policies whereby your children can only visit you during visiting hours. But that’s not exactly true, at least under Federal law. A resident’s family member can visit at any time of the day or night. Under the Nursing Home Reform […]
What Rights Do Nursing Home Residents Have in New Jersey?
By Fredrick P. Niemann, Esq. a NJ Elder Care Lawyer New Jersey has adopted laws on the responsibilities of nursing homes in its Nursing Home Bill of Rights. Some of the more important responsibilities now being imposed upon nursing homes in New Jersey can be summarized as follows: Not admitting more residents than the facility […]
What Exactly Is Alzheimer’s Planning? Why Is It Important for Elder Care Planning?
By Fredrick P. Niemann, Esq. a NJ Alzheimer’s and Dementia Attorney Alzheimer’s planning sounds like a difficult and obtuse concept, and many persons are not familiar with even the basics of it. It involves asset and income planning, as well as life care planning. By combining estate planning, asset protection, Medicaid planning, and planning for […]
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 […]
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 […]