Elder Care Law

Many clients want to avoid going to the DMV about their parent(s).  He or she may be mentally sharp, but their vision is deteriorating.  There are fresh dents on their car and he/she caused an accident just a few weeks ago.  They refuse to talk about their driving skills though, and neither will forgive themselves if he/she hurts someone else.  Is there a way to anonymously report their unsafe driving to the DMV? I have had these discussions with many clients.  I have some clients who recognize that their driving skills are declining and voluntarily give up their car keys.  They are far and few in between though.  It’s emotionally tough to give up driving and touch getting around NJ …

Truth be told, I really had never heard about short term care insurance. I’m a really big advocate for long term care insurance though many clients choose not to purchase it. Generally the reasons offered are price and/or insurability. So an alternate solution for some people who may need care in the future but are unable to buy long-term care insurance is short-term care insurance that will cover nursing home and/or home care for one year or less. These policies are more popular because long-term care premiums are expensive. This type of insurance is generally cheaper because it covers less time. Purchasers can choose the length of coverage they want, up to one year. The underwriting and medical qualifications are …

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Reverse mortgages have been an on again, off again way for individuals to stay at home for as long as possible. In 2006 with the enactment of the Deficit Reduction Act of 2005 (DRA), the Federal Government gave permission to all states to create Long-Term Care Insurance Partnership programs.   Each state’s Long-Term Care Partnership Program is designed to encourage residents to engage in Medicaid Asset Protection by purchasing Qualified Long-Term Care Insurance.  Each state’s Partnership Program allows individuals to protect assets that otherwise might have to be paid to a nursing home prior to obtaining eligibility for Medicaid benefits.  A Partnership-qualified policy enables policyholders to protect …

By Fredrick P. Niemann, Esq. a Freehold Township, Monmouth County New Jersey Elder Care Attorney Planning for individuals who need elder care is generally not particularly tax driven.  However, there are some special tax benefits (and liabilities) that should not be overlooked.  While income and self employment taxes are not dependent upon age, persons over 65 and those who are blind are entitled to an increase in their standard deduction in filing their income tax returns.  Widows and widowers may use joint income tax returns for two years following the death of the spouse. Taxpayers who are supporting dependent family members may be entitled to additional dependency exemptions on their income tax returns.  These include parents and grandparents, among others.  There …

  There are times when Medicare issues a decision unfavorable to the coverage of your case.  Whether it is classifying you in a hospital as a patient undergoing “observation status” versus being an “in-patient” or terminating rehabilitation services because you are not improving, their decision can be financially devastating.  But their decision is not final.  If handled properly, there are ways in which you can appeal their unfavorable decision. The Medicare Appeal Process The first two stages of the appeals process are informal and usually occur hand-in-hand with one another.   Most are also unsuccessful.  Medicare contracts with third-party companies called Medicare Administrative Contractors and Quality Improvement Contractors, or MACs and QIOs respectively (as they are called), which review appeals of …

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 real estate during his life time or after his demise. The answer is:  A life estate does not give a creditor of a person who has a life estate a right to execute their judgment against his life estate and certainly no right to execute against the remainder interest of his real estate.  The reason is that the holder of the life estate’s interest dies …