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Alzheimer’s Disease Does not Automatically Prevent Signing of Legal Documents

Posted by on Aug 2, 2017 in Alzheimers & Dementia | Comments Off on Alzheimer’s Disease Does not Automatically Prevent Signing of Legal Documents

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Alzheimer’s Asset Protection Attorney What happens when you’re told your husband has early onset Alzheimer’s Disease or any other degenerative cognitive diagnosis, especially when he has mostly good days and understands everything? While you may not appreciate what I’m about to say let me assure you, your trust and estate planning document(s) will now need substantial revision. But, can your spouse sign a new last will, power or attorney and trust with this diagnosis?...

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Spend Down? What is it Okay to Spend That Money On? (Part II)

Posted by on Mar 13, 2017 in Alzheimers & Dementia | Comments Off on Spend Down? What is it Okay to Spend That Money On? (Part II)

By Fredrick P. Niemann, Esq. a New Jersey Alzheimer’s Attorney Once the husband’s money is spent down to the limit dictated by New Jersey, (i.e. $2,000) a spouse is considered the “community spouse” and she will be entitled to what the law calls a “Minimum Monthly Maintenance Needs Allowance” of at least $1,899 a month. She’ll keep all of her income—whether social security, a pension, whatever. And if her figure is greater than $1,899, she’ll get to keep it all. There is no income limit. If her income is less than the $1,899 she can...

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Spending Down My Assets? What Does New Jersey Say is Okay to Spend That Money On? (Part I)

Posted by on Mar 13, 2017 in Alzheimers & Dementia | Comments Off on Spending Down My Assets? What Does New Jersey Say is Okay to Spend That Money On? (Part I)

By Fredrick P. Niemann, Esq. a New Jersey Alzheimer’s Attorney Under New Jersey Medicaid law, some things are easy to figure out. Others, not so much.  A couple can always decide to pay the cost of long term care at a nursing home privately, writing a check for $12,000(+) each month.  This is definitely an acceptable approach. But why do that?  Consider that if the wife is still driving, trading in her car for a new or newer car makes sense. As long as this purchase or trade is made before the husband has been placed in the nursing home and...

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What Happens When a Power of Attorney and Health Care Directive are Silent About…?

Posted by on Nov 2, 2016 in Alzheimers & Dementia | Comments Off on What Happens When a Power of Attorney and Health Care Directive are Silent About…?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer In a recent office conversation with an elderly person and his daughter, he showed me an executed Power of Attorney (POA) naming her as agent and health care agent. The POA did not state how or when the agent could be removed nor did it state a successor Agent in case the original agent could not serve. In this case a sibling suspects the agent is neglecting the principal (his dad) and therefore is placing him at risk when left in the agent’s...

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Can a Spouse Refuse to Support His or Her Spouse to Qualify for Medicaid?

Posted by on Mar 21, 2016 in Alzheimers & Dementia | Comments Off on Can a Spouse Refuse to Support His or Her Spouse to Qualify for Medicaid?

Can a Spouse Refuse the Support of His or Her Spouse to Qualify for Medicaid By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney   Federal Law (42 U.S.C.A. § 1396r-5 (c) (3)) allows a community spouse to refuse to pay for the institutionalized spouse, applying for Medicaid which if properly authorized, stops the State from considering his or her funds in the calculation of eligibility by the institutionalized spouse to qualify for Medicaid, live in a nursing home, assisted living residence or home based program. ...

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“Just Say No” – Can a Spouse Refuse to Support Their Spouse to Avoid Paying Long Term Care Costs?

Posted by on Mar 16, 2016 in Alzheimers & Dementia | Comments Off on “Just Say No” – Can a Spouse Refuse to Support Their Spouse to Avoid Paying Long Term Care Costs?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a NJ Medicaid Attorney and Law Firm   New Jersey Medicaid laws are tough, especially as relates to the financial responsibility of spouses to financially support each other should one spouse get sick.  There are published cases and a statute commonly cited that mandates that a spouse must pay for the necessities of the other (doctrine of necessities).  So does that mean a spouse has to pay the $12,000 a month nursing home bill of their failing spouse?  Generally speaking, the...

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When Alzheimer’s or Dementia Strike Your Loved One, Hanlon Niemann is Here to Help

Posted by on Nov 25, 2015 in Alzheimers & Dementia | Comments Off on When Alzheimer’s or Dementia Strike Your Loved One, Hanlon Niemann is Here to Help

By Fredrick P. Niemann, Esq. a NJ Alzheimer’s and Dementia Attorney New Jersey has strict criteria they force upon all applicants before the state grants you Medicaid assistance. Unfortunately, this criteria requires you to be BROKE if you are single, widowed, or divorced. If you are married, the state typically requires you to spend half of your assets before they will provide assistance. If you do not meet these requirements, you may be forced to sell your stocks, bonds, CD’s and house, or other assets simply to pay for medical bills that...

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Sometimes Your Home Can Be Transferred to a Child Without a Medicaid Penalty

Posted by on Feb 25, 2015 in Alzheimers & Dementia | Comments Off on Sometimes Your Home Can Be Transferred to a Child Without a Medicaid Penalty

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Attorney You are a daughter or son of a sick and aging parent. Assume you have been caring for your mother and/or father for a number of years. You may even live in their home. Mom has severe COPD and dad has dementia. What needs to be done to protect Mom and Dad’s home if one or both of them need to be placed in a nursing home? There’s good news for you. If structured correctly and properly documented, your parents can transfer the house to you without a penalty under...

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California Court Blocks Home Health Aide’s Injury Claim

Posted by on Feb 13, 2015 in Alzheimers & Dementia | Comments Off on California Court Blocks Home Health Aide’s Injury Claim

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Medicaid Eligibility Attorney Fredrick P. Niemann, Esq. of Hanlon Niemann Issues Warning to Families Providing Care to Loved One With Private Caregivers If you have a home health aide or caregiver taking care of a family member, you should read this decision and immediately contact your homeowner’s insurance agent and get “casual employment/employee workers compensation and/or liability insurance for your home health aide. A home health aide for a woman suffering from Alzheimer’s...

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Alzheimer’s – You Must Act Now to Settle the Legal Affairs of Someone With Alzheimers/Dementia

Posted by on Feb 5, 2014 in Uncategorized | Comments Off on Alzheimer’s – You Must Act Now to Settle the Legal Affairs of Someone With Alzheimers/Dementia

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Monmouth County NJ Alzheimer’s and Dementia Attorney When settling the legal affairs of a person with Alzheimer’s disease it is important to make sure that he or she is able to continue with their normal life. Undoubtedly, important decisions for that person will have to be made.  You will have to quickly decide who will get power of attorney over the person’s affairs before competency is lost.  You will also have to decide what type of long-term care arrangements should be made for the...

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