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Medicaid Asset Protection Planning Prevented if the Power of Attorney Does Not Authorize it

Posted by on Oct 6, 2017 in NJ Medicaid | Comments Off on Medicaid Asset Protection Planning Prevented if the Power of Attorney Does Not Authorize it

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney Recently a client consulted with a Medicaid lawyer in north Jersey because their mother moved to a nursing home. At $12,000 per month, the family can’t afford it much longer. The lawyer said the mother’s power of attorney doesn’t give her son as agent, the right to do Medicaid eligibility planning for her. I was asked if “this advice is correct?” The document says the agent can do whatever Mom could do for herself. My initial reaction was that the...

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New Jersey Medicaid Benefits Jeopardized By Accidental Inheritance

Posted by on Oct 2, 2017 in NJ Medicaid | Comments Off on New Jersey Medicaid Benefits Jeopardized By Accidental Inheritance

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney New Jersey Medicaid pays Mom’s nursing home bill each month. Dad dies suddenly while mom is still alive and still living in the nursing home. She is the beneficiary of Dad’s life insurance policy and she’ll be getting $75,000. That will put her over the asset limit for Medicaid. Will she get thrown out of the nursing home? The answer is no,…but! She will not be thrown out of the nursing home, but certain steps must be taken to avoid losing Medicaid...

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Mother May Qualify for Medicaid Despite the Transfer of her Assets and Resources to her Disabled Son

Posted by on Aug 16, 2017 in NJ Medicaid | Comments Off on Mother May Qualify for Medicaid Despite the Transfer of her Assets and Resources to her Disabled Son

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Special Needs Trust & N.J. Medicaid Attorney I met recently with a family where the mother will apply for Medicaid soon. She is 81 years old and is having difficulty getting around, and will need a nursing home level of care. She wants to transfer $180,000 in stock, which is her only asset, her son but the question is whether she will still qualify for benefits if she does this? The son is 54, disabled and lives in a group home. While I generally request more...

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New Jersey Medicaid Allows Father in Nursing Home to Keep Only $35 per Month…Yes You Read This Correctly

Posted by on Aug 11, 2017 in NJ Medicaid | Comments Off on New Jersey Medicaid Allows Father in Nursing Home to Keep Only $35 per Month…Yes You Read This Correctly

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney A friend of mine was inquiring about NJ Medicaid benefits for his father. He’s 84 and will need a nursing home soon, unfortunately. He’s shared a house with Dad for three years following Mom’s death. There is a mortgage, and both son and dad are on the deed. My friend says Dad contributes $1,200 per month from his $1,800 Social Security income. If he gets Medicaid, can he (dad) continue to contribute the mortgage money, or will the nursing home take...

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Revisiting Estate Recovery in New Jersey (Part 2)

Posted by on Jul 10, 2017 in NJ Medicaid | Comments Off on Revisiting Estate Recovery in New Jersey (Part 2)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In Part 1 of this series we began our discussion on Estate Recovery. I introduced you generally to the federal statutes regarding the recovery of Medicaid benefit payments. Now we will take a further look at the New Jersey statutes and their provisions which address estate recovery. New Jersey statutes generally parallel their federal provisions. State law authorizes recovery from a Medicaid recipient’s “estate,” and provides that “Medical assistance...

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Revisiting Estate Recovery in New Jersey (Part 1)

Posted by on Jul 10, 2017 in NJ Medicaid | Comments Off on Revisiting Estate Recovery in New Jersey (Part 1)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In New Jersey, the Department of Human Services, is required by law to recover Medicaid payments from the savings and assets of a Medicaid recipient at the time of his/her death. It should be noted that a person may be eligible to receive benefits under the program, but payment for those benefits can later be recovered by the state. This recovery of benefits paid for by the state is known as “estate recovery” – and it is the issue this blog will...

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New Jersey Gets Aggressive with Estate Recovery (Part 4)

Posted by on May 15, 2017 in NJ Medicaid | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 4)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Recovery Defense Attorney In Part 1 of this series I introduced you to an appeal case involving a priority lien for reimbursement of Medicaid benefits. Part 2 discussed the case in greater detail, while Part 3 gave you a better understanding of the N.J. regulations. In this final post of the series I would like to tie it all together for your understanding. In this case the decedent had received a total of $166,981.25 in Medicaid benefits until his death. The...

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New Jersey Gets Aggressive with Estate Recovery (Part 3)

Posted by on May 15, 2017 in NJ Medicaid | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 3)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Administration Defense Attorney In Part 2 of this series I discussed a case involving the filing of a priority lien for reimbursement of Medicaid benefits paid to a beneficiary prior to death. In this post I will continue the discussion by examining the N.J. regulations a bit deeper. N.J. has adopted regulations to comply with the federal estate recovery requirements. N.J.A.C. 10:49-14.1(d) authorizes DMAHS to “file any claim or lien against an estate within...

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New Jersey Gets Aggressive with Estate Recovery (Part 2)

Posted by on May 15, 2017 in NJ Medicaid | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 2)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Recovery Defense Attorney In Part 1 of this series I introduced you to a recent Appeal involving a priority lien for reimbursement of Medicaid benefits. In this post I would like to discuss more details of this case. When determining eligibility for Medicaid, the state considers all income and resources owned by the individual and resources which the individual is legally entitled to receive but does not receive because of action or inaction taken by the...

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New Jersey Gets Aggressive with Estate Recovery (Part 1 of a 4 Part Series)

Posted by on May 15, 2017 in NJ Medicaid | Comments Off on New Jersey Gets Aggressive with Estate Recovery (Part 1 of a 4 Part Series)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Recovery Defense Attorney Estate recovery is a big deal to the State of New Jersey. It desperately looks for ways to raise revenues. A recent Appeal was filed with the NJ Superior Court involving a priority lien that the Division of Medical Assistance and Health Services (DMAHS) recorded against the Estate of a deceased person pursuant to N.J.S.A. 30:4D-7.2 for reimbursement of $166,981.25 in Medicaid benefits a decedent received until the date of his death,...

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What Does the Term “Resource” Mean Under Medicaid Laws?

Posted by on Apr 24, 2017 in NJ Medicaid | Comments Off on What Does the Term “Resource” Mean Under Medicaid Laws?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney A “resource”, for purposes of Medicaid law is also known as an “asset”. The term is defined as “cash or other liquid assets or any real or personal property that an individual…owns and can convert to cash to be used for his or her support and maintenance. Liquid resources are such things as cash or other property which can be converted to cash within 20 days.” Resources generally considered to be liquid assets are stocks, bonds, life insurance...

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Gifting the Community Spouse Resource Allowance: How Will Medicaid Treat this Gift

Posted by on Apr 24, 2017 in NJ Medicaid | Comments Off on Gifting the Community Spouse Resource Allowance: How Will Medicaid Treat this Gift

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney One of the biggest problems in getting Medicaid to pay for the nursing home costs of a loved one is gifting money and property to family members that could have otherwise been used to pay for long term care costs.  Your County Board of Social Services will not approve Medicaid for a period of time if your property is simply given away with nothing in return.  But what about money for the spouse who does not go into the nursing home, referred to as...

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Am I Paying Too Much for My Nursing Home?

Posted by on Apr 19, 2017 in NJ Medicaid | Comments Off on Am I Paying Too Much for My Nursing Home?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney Did you know that nursing homes who accept Medicaid have two different resident payment rates depending on your source of funds?  There is the private pay rate, and then there is the rate nursing homes are paid by Medicaid, which is often a lot less than the private pay rate.  Even though the nursing home is getting two different rates of payment, the Medicaid law requires them to maintain identical policies regarding the transfer and discharge of...

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Medicaid Consumer Brief

Posted by on Apr 5, 2017 in NJ Medicaid | Comments Off on Medicaid Consumer Brief

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney Before you complete a Medicaid application be sure to take a moment to read this message from the New Jersey Division of Consumer Affairs: http://www.njconsumeraffairs.gov/News/Consumer%20Briefs/medicaid-advisors-application-assistors.pdf To discuss your NJ Medicaid matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are...

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Funds Used to Repair a Grandson’s Home Were Not Deemed Transfers to Qualify for Medicaid

Posted by on Apr 3, 2017 in NJ Medicaid | Comments Off on Funds Used to Repair a Grandson’s Home Were Not Deemed Transfers to Qualify for Medicaid

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Eligibility Attorney In a case out of New York, we recently read about a successful attempt in the States Supreme Court, (Appellate Division) to reverse the Department of Health and county department of Social Service’s imposition of a transfer penalty.  The controversy in this case involved the decedent’s transfer of $26,000 to her grandson by the decedent’s daughter.  Transfers in Medicaid are always looked at suspiciously, in New Jersey and across every...

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Beware of Medicaid Application Advisors: Their Advice May Be Wrong and Illegal

Posted by on Mar 24, 2017 in NJ Medicaid | Comments Off on Beware of Medicaid Application Advisors: Their Advice May Be Wrong and Illegal

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney I just read a New Jersey ethics opinion today that I would like to share with you.  Applying for Medicaid can be a time-consuming and frustrating process. Many clients want to find somebody affordable to guide them through the process.  I get it and agree with that approach. But what ends up happening is that some people hire so-called “Medicaid application advisors” that are often times no less costly than a lawyer, and they rely on them to take...

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Medicaid Applicant Responsible for Withdrawals from Joint Bank Account By Co-Owner

Posted by on Mar 22, 2017 in NJ Medicaid | Comments Off on Medicaid Applicant Responsible for Withdrawals from Joint Bank Account By Co-Owner

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney The unpublished opinion from the Appellate Division, E.S. v. Div. of Med. Assistance & Health Services, discusses the issue of a daughter’s use of a joint bank account that was also owned by the mother/applicant, and whether the money taken from these accounts was a transfer for less than fair market value.  I have blogged recently about the importance of designating joint accounts with rights of survivorship, versus convenience accounts and...

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Life Estate is a Sufficient Property Interest That Has Value for Purposes of Determining Medicaid Eligibility

Posted by on Mar 15, 2017 in NJ Medicaid | Comments Off on Life Estate is a Sufficient Property Interest That Has Value for Purposes of Determining Medicaid Eligibility

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney An unpublished opinion from the Appellate Division, E.S. v. Div. of Med. Assistance & Health Services, highlights the importance of evaluating the value of a life estate when determining the resources of an individual.  So what does a life estate interest in property mean?  A life estate is a property interest that gives an individual a lifetime right to live in the property, but upon the death of the individual, any legal interest in the...

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Spend Down? What is it Okay to Spend That Money On? (Part II)

Posted by on Mar 13, 2017 in NJ Medicaid | Comments Off on Spend Down? What is it Okay to Spend That Money On? (Part II)

By Fredrick P. Niemann, Esq. a New Jersey Alzheimer’s Attorney Once the husband’s money is spent down to the limit dictated by New Jersey, (i.e. $2,000) a spouse is considered the “community spouse” and she will be entitled to what the law calls a “Minimum Monthly Maintenance Needs Allowance” of at least $1,899 a month. She’ll keep all of her income—whether social security, a pension, whatever. And if her figure is greater than $1,899, she’ll get to keep it all. There is no income limit. If her income is less than the $1,899 she can...

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Spending Down My Assets? What Does New Jersey Say is Okay to Spend That Money On? (Part I)

Posted by on Mar 13, 2017 in NJ Medicaid | Comments Off on Spending Down My Assets? What Does New Jersey Say is Okay to Spend That Money On? (Part I)

By Fredrick P. Niemann, Esq. a New Jersey Alzheimer’s Attorney Under New Jersey Medicaid law, some things are easy to figure out. Others, not so much.  A couple can always decide to pay the cost of long term care at a nursing home privately, writing a check for $12,000(+) each month.  This is definitely an acceptable approach. But why do that?  Consider that if the wife is still driving, trading in her car for a new or newer car makes sense. As long as this purchase or trade is made before the husband has been placed in the nursing home and...

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Yes, New Jersey Even Pays For Funerals

Posted by on Mar 13, 2017 in NJ Medicaid | Comments Off on Yes, New Jersey Even Pays For Funerals

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Long-Term Care Attorney The State of New Jersey will pay for funerals through the Department of Human Services (DHS). To apply for a “public assistance” funeral you must call your county board of social/human services (or welfare agency) in which the deceased person resided at the time of their death. Individuals eligible for a state public assistance funeral and burial funds include individuals who require long term care benefits under Medicaid and disabled...

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A Prenuptial Agreement May Not Be Enough to Avoid Supporting Your Spouse…Sometimes

Posted by on Mar 6, 2017 in NJ Medicaid | Comments Off on A Prenuptial Agreement May Not Be Enough to Avoid Supporting Your Spouse…Sometimes

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Administration Attorney Martial vows vary from person to person, couple to couple, but each vow contains very similar promises to the other, including  you will love and honor your significant other in good times and in bad, in sickness and in health, until death do you part.  It is this pre-death, pre-divorce, promise that created the New Jersey common-law called the “doctrine of necessaries”.  Simply put, the doctrine states that if a spouse buys or needs...

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What Kinds of Documents Can Medicaid Demand?

Posted by on Feb 6, 2017 in NJ Medicaid | Comments Off on What Kinds of Documents Can Medicaid Demand?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney One of our clients who is applying for Medicaid benefits was recently asked to provide credit reports to the Board of Social Services.  This was certainly an unusual request, given that we usually provide statements from whatever financial institution the client has an account with to the Board.  We also knew that it would present a hardship for our client to try and obtain these credit reports.  So the question we were presented is what documents...

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Medicaid Can Go After Wrongful Death Settlement Proceedings

Posted by on Dec 30, 2016 in NJ Medicaid | Comments Off on Medicaid Can Go After Wrongful Death Settlement Proceedings

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney As you know from reading my blogs, Medicaid seeks reimbursement for what it has payed out in benefits, subject to certain exceptions.  As I discussed in an earlier blog, it is second on the priority list of expenses paid out by an Estate in New Jersey.  The reasoning is appropriate: Medicaid is the provider of last resort for someone who needs help paying their medical expenses, and taxpayers should be able to recover property from the estate of the...

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Roth IRA’s: Factors Even the Best Planners Forget to Consider When Medicaid is Needed

Posted by on Dec 23, 2016 in NJ Medicaid | Comments Off on Roth IRA’s: Factors Even the Best Planners Forget to Consider When Medicaid is Needed

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning Attorney The primary risk of owning a Roth IRA is the possibility of it being spent down should the need for long-term care occur. The reason is because an IRA is included as an available resource in determining an individual’s eligibility for Medicaid benefits to pay for long-term care. Federal law is clear: an IRA is an available resource in determining eligibility for Medicaid unless it is “annuitized.” Federal law permits states to enforce the...

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