Lawyers, Answer Questions  & Get Points Log In
New Jersey Elder Law Questions & Answers
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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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
H. Scott Aalsberg
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.

View More Answers

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
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
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

Eric  Goldberg
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
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
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
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... View 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... View More

H. Scott Aalsberg
H. Scott Aalsberg
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... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

1 Answer | Asked in Consumer Law and Elder Law for New Jersey on
Q: If my husband owns a home in NJ that is being foreclosed on, am I liable if were not married when he obtained the loan
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2017

There is an insufficent factual basis to answer your questions and address your concerns.

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Q: In a POA document does the express right to "give" or "dispose of property" convey the same meaning as "gift"?

We are trying to establish an "Asset Protection Trust" with a "Life Estate Agreement" for my elderly parents. There is debate that their POA is flawed. It allows them to have the recipient of the POA to "Sell, Buy, Give, or Dispose" of any of their property. It does... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 1, 2017

One of the biggest issues I see is when a document is TOO specific. MANY PoAs go into GREAT detail and never use the words "or otherwise transfer" which makes it clear the agent is not only allowed to do x but also to just generally manage the property. 50 pages of detail without the one... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: Rent date change how? .. Is 1st (chg'd late fees) now need 20th .. Senior now gets government check on 15th of month. Ty

Rent due 1st of month

~ Charged late fee

Government check comes 15th+ of month

~ Recently went on Social Security

You can try writing a letter asking to change the due date on the rental agreement. If this doesn't work, contact me for a free phone consultation.

1 Answer | Asked in Health Care Law, Elder Law and Estate Planning for New Jersey on
Q: I have a POA signed and notarized (2010) for the care of my mother who is 96 years old. Recently a sibling threatened

the physician with a law suit claiming she has a POA. How can this be handled. Who determines validity if it is true?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 25, 2017

In general the newest POA would control I suggest you setup a consultation with a lawyer if it is important to you.

1 Answer | Asked in Elder Law for New Jersey on
Q: My father abandoned our family when I was a little kid. Now he's old and in bad health - who's responsible for his care?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2016

None of the children have any obligation to him.

1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: Does a POA have the legal right to change someones will?

My Uncle became poa of my grandfather, who has dementia. He illegally spent my Grandfather's life savings, so I'm going to need a Lawyer at some point soon. Please help.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2016

No, A POA has no authority to change a will. If you believe that money was improperly spent by your uncle and you can prove it, then you may have a cause of action against your uncle. Good luck.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for New Jersey on
Q: What are the financial obligations of a person granted a lifetime right to occupy a property in NJ? (not a life estate)

The question is specifically meant with regard to repairs to the home that are not related to normal wear and tear - for example, if the property has termites, foundation issues, or needs a new roof before and at the time that the right to occupy was granted. Is it the responsibility of the estate... View More

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Aug 9, 2016

often depends on what the will says if a will granted life tenancy.

see

Life Estate: Who Pays What?

This article provides a simple overview of the responsibilities of a life tenant in regards to a life estate. The information contained herein should not be relied upon for...
View More

2 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for New Jersey on
Q: dad died, left home to a friend then also her daughter, but found deed and her name is already there.now what?

the friend is on Medicaid..now what? does the house go to the state? please advise, I am the executor

he only had 1800.00 in the bank other than this stupid house. The house is a two family and the tenant

pays $700 a month.

his friend is 84 years old and receives $900... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 2, 2016

I suggest that your bring your paperwork to a lawyer to review, your question unfortunately not clear enough to give you an answer and even if it was a lawyer should review the deed prior to giving you this answer.

View More Answers

1 Answer | Asked in Elder Law for New Jersey on
Q: What is meaning/definition of cognitively impaired in regards to an elderly person in a nursing home?

If an elderly person in a nursing home doesn't know the date or she can't recall 3 words, but able to make decisions in regards to choices in her normal daily routine, does that make her cognitively impaired?

Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

see 42 CFR § 483.75 Administration.

. Hire attorney for guardianship. Legal Guardianship of a Parent or Adult Family Member

Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.

Occasionally an individual can not...
View More

1 Answer | Asked in Elder Law for New Jersey on
Q: how do i create and file a decree granting legal fees in new york courts
Mr. Kenneth Albert Vercammen
Mr. Kenneth Albert Vercammen
answered on Jan 24, 2016

this is not a NJ question

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.