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New Jersey Elder Law Questions & Answers

1 Answer | Asked in Estate Planning, Consumer Law, Elder Law and Nursing Home Abuse for New Jersey on

Q: Am I responsible for payment of an exorbitant fee to Assisted Living facility that was the result of the facility error?

My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can they... Read more »

Madeline Houston answered on Aug 6, 2019

In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on

Q: how Protected is a home from a nursing home that the patient will not be returning to? Will it have to be sold to pay?

Nursing home has gotten 300,000 and we don’t want them to get the home too. She has two sons that want to keep it however my husband took guardianship over her 6 months ago

H. Scott Aalsberg Esq. answered on Jan 5, 2019

If its a bill it must be paid, you got the services and agreed to the price they can sue.

1 Answer | Asked in Estate Planning, Elder Law and Probate for New Jersey on

Q: Can a conservator in NJ be changed?

My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... Read more »

Ben F Meek III answered on Jan 3, 2019

Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since... Read more »

2 Answers | Asked in Elder Law for New Jersey on

Q: How are senior citizen discounts even legal? Why should they get special treatment?

Leonard R. Boyer answered on Oct 27, 2018

They are legal in all 50 states. There is nothing illegal about them. Any business or service provider can freely chose how they want to conduct business, subject to existing law. Many of them are on a very limited or fixed income.

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1 Answer | Asked in Elder Law for New Jersey on

Q: My Adult son left my house on a trip. He has been aggressive and abusive, I do not want him to come back into my home.

NEW JERSEY RESIDENT.

My son is abusive, aggressive, never helped in chores or made contribution or rent. He graduated college. I am a disabled elderly man, his abusive, bully, he scares me. I do not want him to come back into my home. I asked him for the house key, and he turned it to... Read more »

Adam Brown answered on Sep 11, 2018

This is a tough position. On the one hand you love your son, and on the other you have to protect yourself.

Your risk of shaming the locks outside of an agreement is that your son has a right to notice.

If, however, your son legitimately scares you, and he is exhibiting aggressive...
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1 Answer | Asked in Estate Planning and Elder Law for New Jersey on

Q: I asked my youngest sister to get a advance directive for my father and put a ex wife on paperwork instead of me her bro

I am oldest son , i feel i should of been on paperwork

H. Scott Aalsberg Esq. answered on Sep 3, 2018

The decision is made by your father not by anyone else including your sister or you, if he's doing this advance directive while he is still of sound mind and body

1 Answer | Asked in Elder Law for New Jersey on

Q: My father is disabled and needs to go into a nursing home. My mother thinks she will need to sell the house.

Both of their names are on the house. Does she have to sell?

H. Scott Aalsberg Esq. answered on May 15, 2018

Better have your mother talk to a lawyer and see if he is still of sound mind and body to sign a power of attorney so your mother can sell the house.

1 Answer | Asked in Elder Law and Real Estate Law for New Jersey on

Q: My sister listed my parents home without their knowledge. She has no power of attorney. Is this legal?

H. Scott Aalsberg Esq. answered on May 15, 2018

I suggest you notify the real estate agent of this fact.

2 Answers | Asked in Criminal Law and Elder Law for New Jersey on

Q: My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 y

My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 years ago after he stole a large amount of her money. Now we are applying for Medicaid for my mother who has been in an assisted living facility for over two years. She is in... Read more »

Leon Matchin answered on Apr 27, 2018

It all depends what degree the charges are and his past criminal record and background and whether he already served county or prison time before. Also, has he kicked the habit? He's facing anywhere from fines to a criminal record, probation, community service and even jail.

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for New Jersey on

Q: Does this 2005 New Jersey POA convey powers for healthcare decisions through these statements:

(1) "to transact any business at all" (2) "to arrange for my entrance into any nursing home... and to pay all bills for my care" and (3) "to review any information regarding my physical or mental health and to disclose or deny such information..."? Or are these powers to be construed as... Read more »

H. Scott Aalsberg Esq. answered on Apr 24, 2018

A lawyer would need to review the whole document before giving you an opinion about what it covers. In any event no attorney is going to give you a legal opinion on a free website you will need to take that document to a lawyer pay him for his review. Websites like these are for quick questions and... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on

Q: how long can an attorney substitute for a retired court appointed attorney of incapacitated person?

Is it ethical for an attorney who is the retired attorney's partner and spouse to file a substitution of attorney when the court appointed attorney retires? Then refer to themselves as court appointed even though he/she has never been court appointed and allow court orders to list he/she as court... Read more »

H. Scott Aalsberg Esq. answered on Apr 13, 2018

Maybe, but more information would be needed to properly answer your question. I suggest you setup a consultation with a lawyer it may cost you a few bucks for the consult, but at least you will get the information you need.

2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on

Q: Can I leave my assets to my [non-existing] grandchildren, i.e. in perpetuity either through trust and/or will?

H. Scott Aalsberg Esq. answered on Apr 5, 2018

That would depend on how you are doing the transfer. I suggest you call one of us lawyers and setup an in office consultation. If you are looking to do this yourself expect to pay for the advise, if you wish the lawyer to draft any documents for you, some of us offer a free consultation.

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1 Answer | Asked in Elder Law and Real Estate Law for New Jersey on

Q: My 100 year old Mom is living at home with a 24 hour caregiver.Her home is in a life estate with myself and 2 sisters

I am paying for the bulk of her care and home expenses as I am Guardian.I keep excellent records.How will I be payed back upon the sale of the house?One sister objects to everything!!

Jaclyn Healey answered on Mar 15, 2018

You won't. We never recommend that people pay their parent's medical bills, because there is no guarantee that you will be reimbursed. If your mom cannot afford the care, I would look into getting her on Medicaid.

1 Answer | Asked in Elder Law, Estate Planning and Probate for New Jersey on

Q: Am I responsible for my mom's, she lived in my home, medical debt after she has passed away ? I live in NJ

Jaclyn Healey answered on Mar 15, 2018

It depends who signed the contracts.

1 Answer | Asked in Family Law and Elder Law for New Jersey on

Q: My mother has lived with me for 7 years and started to pay me rent and care 5 1/2 years ago after receiving veterans aid

I have no written agreement. Will I have to pay that back before Medicaid can kick in

Mr. Eric Goldberg answered on Mar 6, 2018

It depends on the county and caseworker. An agreement should really be made so that they don't assume that you are helping mom shelter assets and she isn't penalized.

1 Answer | Asked in Elder Law for New Jersey on

Q: How do I get my brother to pay some of my elderly parent's expenses - I can't afford the cost of care by myself.

Jaclyn Healey answered on Mar 2, 2018

You don't. Apply for Medicaid. Do NOT cover the bills out of your own pocket, you will NOT be reimbursed. Apply for Medicaid and they'll cover the bills.

1 Answer | Asked in Elder Law for New Jersey on

Q: If I become power of attorney for my dad and he is unable to pay for his nursing home fees, will I then become liable?

Jaclyn Healey answered on Mar 2, 2018

Not unless you sign as an individual, as opposed to signing as POA for your dad.

1 Answer | Asked in Elder Law for New Jersey on

Q: How much will medicaid cover for assisted living?

Jaclyn Healey answered on Mar 2, 2018

Assuming that you qualify for Medicaid, they cover whatever your income doesn't. So if you have $1,500 /month from social security and your assisted living is $7,000 /month, Medicaid will cover $5,000. This is a VERY basic example, there are a couple other factors that come in to play, but I think... Read more »

1 Answer | Asked in Animal / Dog Law and Elder Law for New Jersey on

Q: What's the legal cause I can take a cat away from someone not capable of caring for him?

My mom has been helping a woman with Parkinson's. She has a dog and a cat. She was hospitalized for 10 days and the pets stayed with us at our house. She left the hospital AMA today and went back to her (disgusting) apartment and we had to give her the pets back. I want to find a reason I can take... Read more »

H. Scott Aalsberg Esq. answered on Feb 18, 2018

You can contact the local SPCA office, but it also may get her in trouble and animals are great for people recovering from medical problems.

3 Answers | Asked in Elder Law and Tax Law for New Jersey on

Q: I have custody of my granddaughter since August who has legal right to claim her on taxes.

This is not through courts. Her father and his wife is trying to claim her on their 2017 taxes she has not been in his care since Feb 2017 nor has she with him she was still using his address to go to school in his area she was taking train or bus to school every day.there was a case filed in Feb... Read more »

Leonard R. Boyer answered on Jan 10, 2018

If the Court did not sign an order giving you legal custody, than you do not have legal custody. Unless and until you do, your questions are moot. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need... Read more »

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