Is it legal to pay a family member to care for a parent from the parents assets?

Yes, a parent can pay a child for care as part of the spend down BUT,BUT, BUT unless it is documented properly, the payments probably will trigger...

Should I refrain from filling out my Medicaid recertification form?

Why give up Medicaid at all? Working with a special needs lawyer, you certainly have options to avoid or greatly limit any loss of benefits. See...

What kind of lawyer would I need to handle marriage, bank accounts, wills etc.

An elder law attorney with a tax background can address care costs, assets, and estate issues. We have a good deal of questions and answers and...

Does Medicaid have any claim to life insurance left to a beneficiary currently receiving Medicaid?

Life insurance benefits paid to a Medicaid recipient in NJ are Medicaid countable income. Typically, the proceeds temporarily disqualify the...

If mom goes into a nursing home in NJ are her IRAs under the same 5 year rule as her bank account-

Gary and Anamaria are right on both counts, but their [and my] most important advice is to consult an elder law attorney. Do it yourself nursing...

What are my options when an elderly friend under guardianship is not being taken care of properly?

When we face this kind of situation, we typically involve the courts or possibly adult protective services. It can be an expensive and time...

Do NJ statutes dealing with trusts apply to trusts created before the law went into effect?

Depends on the law, In any case, disclaimers are very technical and a disclaimer can have disastrous tax consequences if done without full...

NO!!! If you do not have an advance directive for health care health providers have no obligation to follow your spouse's direction although they...

I want to max my social security benefits. What is the best age to retire at, & what do I need to do to get spousal benefits ?

The best age to retire is when you are ready to stop working and can afford the income hit. It is impossible to maximize SS benefits and...

How does the Medicaid penalties work?

There are gift penalty exemptions for gifts to an SS disabled person, but if you don't work with an elder law attorney there is a strong chance the...