When it’s Too Late for an Advance Directive in New Jersey – In re Roche
Many people believe that if a loved one has moments of clarity after being declared incapacitated, they can simply sign a new advance directive, health care proxy, or other planning document. New Jersey law is more complicated. The case In re Roche, 296 N.J. Super….
The Right to Refuse Medical Treatment in New Jersey: What Happens When You Cannot Speak for Yourself?
New Jersey has long been a national leader in recognizing a person’s right to decide what medical treatment they do and do not want. That right includes the ability to refuse life-sustaining treatment, even when refusing treatment may result in death. Although these…
Estate Planning Lessons From New Jersey Supreme Court Will Dispute
Families often assume that a Last Will and Testament clearly reflects a loved one’s wishes and that those wishes will be carried out without controversy. Unfortunately, that is not always the case. A recent decision by the New Jersey Supreme Court, Christakos v….
New Jersey’s Medicaid Estate Recovery Reaches Survivorship Claims
In a published decision issued on April 8, 2025, the New Jersey Appellate Division addressed a significant question involving Medicaid estate recovery: Can the State recover Medicaid benefits paid during a recipient’s lifetime from the proceeds of a survivorship…
Yes, You Can Arbitrate an Estate Dispute in New Jersey
In a prior post, I explained that you cannot arbitrate a Will dispute in New Jersey — at least not through an arbitration clause buried in the Will itself. That remains the law. But a July 2026 decision from the New Jersey Appellate Division, In re Estate of Roseanne…
Your Right to Make Bad Decisions Under New Jersey Law
A 2020 New Jersey Supreme Court decision, S.T. v. 1515 Broad Street, LLC, 241 N.J. 257 (2020), raises a question that matters far beyond the personal injury lawsuit at its center: how much evidence does it take before a court can take away an adult’s right to control…
NJ Medicaid Fair Hearing Process Changes in Effect July 1, 2026
The New Jersey Department of Human Services, Division of Medical Assistance and Health Services issued Medicaid Communication No. 26-06 on June 23, 2026. The communication announces significant operational changes to the NJ FamilyCare Medicaid fair hearing process,…
When Does New Jersey Medicaid Pay My Medicare Part B Premium?
Many people turning age 65 are surprised to learn about the costs associated with Medicare. Medicare is not free. Most people pay no premium for Medicare Part A, which covers hospital services, but Medicare Part B — which covers doctor visits, outpatient care, and…
NJ Medicaid 2026 Community Spouse Maintenance Adjustments
The New Jersey Department of Human Services, Division of Medical Assistance and Health Services issued Medicaid Communication No. 26-05 on June 11, 2026. The communication announces annual adjustments to the Community Spouse Maintenance Allowance (CSRA), shelter…