New Jersey Elder Legal Questions

If the person is Medicaid pending, then the assets have to be spent down.  The nursing home usually has not right to take money out of a clients private account unless the client has previously given permission for that.  If you are talking about the patient account at the nursing home, then definitely not. ... Read More

You will always be able to bring your mother out of a facility even without a discharge.  The facility might indicate that she is discharged against medical advice, but that's ok.  If you are implementing the advance directive, you might want to consider having her evaluated by Hospice.  there are several really great hospice programs in New Jersey and the people provide amazing compassionate care.  If you do decide to bring her home, hospice can help with that transition.   Good luck.  This will be a difficult time for you. ... Read More

If the Medicaid application identifies that she had those bonds, and they were cashed then the proceeds would be an available resource, and giving the proceeds to the daughter and grandson would make her ineligible for Medicaid.  I'm not sure how Medicaid would know that she had those bonds at one time, unless they pick that up from her tax returns, if she files returns.  Many seniors do not because they are under the income thresh hold. ... Read More

This is a difficult question to answer, because there are so many factors that affect Medicaid eligibility that it would not be possible, in the context of this forum, to address all of the potential issues.  Based on the information you have provided, Medicaid might question the two transfers that were make ($1,500 and $1000) but because of the total amount of those transfers, it does not appear as if there would be any penalty because the total amount is less than the Medicaid penalty factor.  Also - based on the total amount of your aunt's assets, you will not be applying for Medicaid for some time - and she will possibly live long enough, and her assets will last long enough that the two transfers/gifts will be beyond the five year look back period. ... Read More

If you suspect elder abuse, you can call the local County Board of Social Services and ask for the Adult Protective Services department.  You can make an anonymous report about suspected elder abuse, and they will do an investigation.  Elder Abuse is also a crime, and if you are very concerned, contact your local police department and they may put you in touch with the County Prosecutor.  If the person lives in Ocean County, there is a special prosecutor assigned to Elder Fraud and Abuse cases.  Other counties most likely have a similar department. ... Read More

The answer to this is probably going to depend on the terms of the Reverse Mortgage.  Does it require pay off if mother is no longer living in the house?  Will your mother be returning to her house from long term care?  Different lenders treat this situation differently.  In my experience as long as a doctor is not stating that your mother will never return to her home, the home does not have to be sold.  However, you should carefully weigh the carrying costs of the property against the potentially proceeds.  Can you afford to keep the house, and pay for your mother's care in the facility?  If not, the house should be sold.  Keep in mind that reverse mortgages are "non-recourse" loans so if the potential sales price of the house is less than the reverse mortgage, don't be concerned.  the lender cannot come back after you or your mother to make up the difference.  ... Read More

All of your mother's assets will not automatically go to any facility that your mother goes into.  However, you will be expected to use those assets every month to pay for the care that she is receiving.  Some of the care will be covered by Medicare through Hospice, but you will be responsible for providing for room and board.  You will need to liquidate investments as each monthly bill for the facility becomes due.  ... Read More

Answering this question depends on a number of different things that you did not put in your question.  As a basic answer, making some assumptions about the value of your house, I would say its probably best to just leave him the house in your will.  Unless the value of the house (or your entire estate) is more than $675,000, your son won't pay NJ Taxes either estate taxes or transfer and inheritance taxes.  As long as you have a properly prepared will, that was witnessed by two people and notarized, your best bet to transfer the house would be in the will.  ... Read More

You need to contact your County Adult Protective Services (APS) unit, which is part of the County Board of Social Services.  Your father is in crisis - and you should react as if it is a medical emergency.  If the county in which your father lives does not have an APS unit, call the local hospitals, and find out if the have an emergency psychiatric service, and if they do - explain what is going on with your father, that he is a danger to himself and others, and ask for him to have an emergency psychiatric admission. ... Read More