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 […]
Tag Archives: Medicaid
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. […]
The Most Common Misconception About Medicare and Who Pays For Long Term Care
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In my Elder Law practice, I work with many people of various ages at various stages of life. I counsel them in the subject of Medicare, how it works and what is covered. It’s in this discussion that common misconceptions […]
Mortgages and Medicaid Liens: Which Is Paid First? Part 2: Priority of Claims Paid
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In our last blog entry, I discussed with you the New Jersey Medicaid Lien laws and when it will not be enforced against a decedent’s estate. When you die, the statutory law requires the executor of your estate to pay […]
Mortgages and Medicaid Liens: Which Is Paid First? Part 1: The Medicaid Lien
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney A client came to see me seeking to move in with her mother, who is receiving home based Medicaid long term care. She wants to renovate her mother’s home, and seeks to record a mortgage against the home for the […]
A Disorganized Paper Trail Often Results in a Denial of NJ Medicaid
By Fredrick P. Niemann, Esq. a NJ Applying for Medicaid Attorney In New Jersey, Medicaid applications are getting tougher to get approved these days. The State has created a new application form that requires more detail and information. Many families call us to handle their Medicaid application. Often I advise clients that we have to […]
THE HISTORY OF HOSPICE IN NEW JERSEY (PART I OF II)
By Fredrick P. Niemann, Esq. a New Jersey Hospice Attorney There are more than 3,000 hospice programs that serve communities in New Jersey today and throughout the United States. In 2012, hospice programs are treating more than one million dying Americans, according to the National Hospice and Palliative Care Organization. According to that organization, about […]
SPECIAL NEEDS TRUSTS UPHELD IN RECENT FEDERAL CASE
By Fredrick P. Niemann, Esq. a Special Needs Trust Attorney Recently, a United States Court of Appeals decided a case involving a “special needs trusts.” A special needs trust is one of two trusts that the federal Medicaid Act created. A special needs trust or “SNT” is a trust that permits a disabled person to […]
How a Declining Stock Market Can Cause a Long Term Care Nightmare
Fredrick P. Niemann, Esq., a Medicaid Attorney As the current economic crisis deepens, it is becoming increasingly clear that we are heading into uncharted waters, in so many respects. Specifically, however, I am talking about the long term care arena. Dad owns a home in which he lives. Home health aides come into the home […]
Assisted Living Care – I’m Out of Money So Now What?
Fredrick P. Niemann, Esq., an Elder Law Attorney Dad has been living in an assisted living facility for 3 years at a cost of $4500 per month. He likes it there, is safe and well cared for. There is one small problem. He is running out of money and the family is becoming desperate. […]