New Jersey Elder Legal Questions

You will need to apply to the court to become her legal guardian.  You will need two doctors to sign certifications that she cannot make her own decisions, and file a complaint with the court.  It will take a few weeks to accomplish but is not very difficult.  Place contact my office as I am very familiar with this issues. ... Read More

If she gives gifts within five year of applying for Medicaid, the gifts will make her ineligible, and a penalty will be imposed.  It will be expected that she uses her funds for her care, and if she runs out of money, and still need care, she will be eligible for Medicaid and will continue to get care.  If she gives her money away, and then tries to apply for Medicaid, she will be penalized.  ... Read More

An attorney shold determine if the person is competent before drafting a power of attorney for the person.  However, a lawyer is not a doctor, and only a doctor can truly determine if the person is not competent.  Tha bank can rely on the POA because it can be used after the person looses competency.  Many banks do raise suspicions and stop the withdrawal of the money.  If you know the person that took the money, report it to the county prosecutor, or local police department.  It could still be a crime against an elderly person if the elderly person is found to be a vulnerable adult. ... Read More

You can write a will that excludes your wife, but that may cause her to loose Medicaid eligibility if you do not leave her the statutory minimum amount of your estate - which is 1/3.   You can avoid probate and put your assets in joint names with your daughter, and then there is no estate to probate.  this is something you should probably discuss with a lawyer.  Feel free to call my office if you are in Monmouth or Ocean County. ... Read More

I think this is the same question that I previously answered.  Start with the Hudson County office of Adult Protective Services.  Physical Site Address 1 100 Newkirk Street     Physical Site City, State, Zip Jersey City, NJ 07306     Main Phone 201-420-3012 or 201-420-3000 ... Read More

If you live in Jersey City, you need to contact the hudson County Board of Social Services for assistance.  Speak to an Adult Protective Services intake worker, and explain what assistance you need.   Here is the contact information.  You do not need a lawyer, you need a social worker or geriatric care manager to assist you.  Physical Site Address 1 100 Newkirk Street     Physical Site City, State, Zip Jersey City, NJ 07306     Main Phone 201-420-3012 or 201-420-3000 ... Read More

First of all, I am very sorry for your loss.  Second, there are a lot of unanswered questions raised.  Did your dad die in NJ or PA?  If he lived in PA and was a resident of PA at the time of his death, you need to bring this matter to the PA courts.  If he lived in NJ and was a resident of NJ then you will need to bring it up in NJ.  Does he have a will? You should consider filing a caveat which is a document that will stop his will from being admitted to probate. Was your step sister the Power of Attorney for your dad? how did she have authority to do what she did?  You should also consider filing something that challenges the action she took while your father was alive, and seek to protect the assets in the estate.  My office is in Ocean County NJ.  I also work in Monmouth County.  Feel free to call if you think I can be of further help. ... Read More

Your family members should not be involved either.  ask your mother to see her will and ask her why you are not included.  If the other family members are controlling mom's will and won't let her see it either, maybe she needs to write a new will and revoke the old one.   There is a possibility that your mother has provided for you outside of the will, either will real property or another asset that has a beneficiary deisgnation and does not pass through the will.  however, the first place this conversation should start is with your mother. Good luck !... Read More

If the Power of Attorney gives you the right to give gifts you can do so in keeping with what your mother used to do. However, you should be VERY careful becuase any gifts that you give could impact her ability to get Medicaid coverage years form now if she runs out of money but still needs care.  You should consult with an attorney and discuss Medicaid planning before giving gifts.  ... Read More

The house can become yours under the exception to the law known as the "Caretaker Child".  you have to be living your mom's home and providing care for her that is a high level of care and without the care she would have needed to go into a nursing home.  the care cannot be that you drive her to doctor's appointments and do the shopping - you have to keep detailed records of the level of care provided:  meal preparation, medications, bathing, socialization, etc.  Everything that you do.  this is an exception to the Medicaid law. ... Read More

Its not easy to give an opinion about an consultation fee without knowing what was discussed.  If you are not sure what this amount covers, ask before you go to the appointment.  I usually charge only an hour of time at my usual hourly rate when I do a paid consultation.  If that consultation then causes the client to retain my for additional services, I roll it into the price for all of the work needed.... Read More