N.J. Estate & Elder Law

A Blog by Jose D. Roman, Esq.

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Unlocking Zero Cost Health Coverage for Low Income Seniors and the Disabled: How to Qualify for ABD Medicaid in New Jersey

Unlocking Zero Cost Health Coverage for Low Income Seniors and the Disabled: How to Qualify for ABD Medicaid in New Jersey

Feb 24, 2025 | Medicaid | 0 Comments

Navigating the healthcare system can be challenging, especially for “Dual Eligible” individuals who are already on Medicare. Low income Medicare recipients in New Jersey may also qualify for Aged Blind Disabled (ABD) Medicaid which provides crucial support to help…

Over Four Years After D.C. v. DMAHS, New Jersey Still Fails to Follow the “Screen Before Terminate” Rule

Over Four Years After D.C. v. DMAHS, New Jersey Still Fails to Follow the “Screen Before Terminate” Rule

Feb 20, 2025 | Legal Bulletin, Medicaid | 0 Comments

Public health advocates applauded the Court’s decision in D.C. v. Division of Medical Assistance & Health Services, 464 N.J. Super. 343 (App. Div. 2020), because it resolved a longstanding logistical issue that caused severe hardship for people transitioning from…

The Parental Authority Power of Attorney – Protecting New Jersey’s Children in Uncertain Times

The Parental Authority Power of Attorney – Protecting New Jersey’s Children in Uncertain Times

Feb 12, 2025 | Estate Planning, Legal Bulletin, Power of Attorney | 0 Comments

Recently it was reported that an Asbury Park resident was detained by ICE after dropping his child off at school. Situations like this raise the question of who will care for the child if the parent remains in custody or is deported. Will someone be appointed…

Understanding a Springing Power of Attorney in New Jersey

Understanding a Springing Power of Attorney in New Jersey

Feb 10, 2025 | Estate Planning, Guardianship, Power of Attorney | 0 Comments

A Springing Power of Attorneyis a legal document that allows someone you appoint as your agent to manage your financial affairs, but only when a specific condition is met—typically, your incapacitation. Unlike a typical Power of Attorney, which takes effect upon…

Navigating Supplemental Security Income (SSI) Medicaid in New Jersey

Navigating Supplemental Security Income (SSI) Medicaid in New Jersey

Feb 8, 2025 | Medicaid, Medicaid Planning, Trusts | 0 Comments

Supplemental Security Income (SSI) is a federal program that provides basic income support to individuals who are over the age of 65, are blind, or have been determined disabled by the Social Security Administration (SSA). In New Jersey, SSI recipients are…

Social Security Does Not Recognize Your Power of Attorney: Understanding the Representative Payee Program

Social Security Does Not Recognize Your Power of Attorney: Understanding the Representative Payee Program

Feb 6, 2025 | Estate Planning, Power of Attorney | 0 Comments

The Social Security Representative Payee Program serves as an essential safeguard for individuals who receive Social Security benefits but are unable to manage their own finances due to disability, cognitive impairments, or aging-related challenges. This program is…

ACLU New Jersey Fights for Disabled Child’s Right to Healthcare in Medicaid Case

ACLU New Jersey Fights for Disabled Child’s Right to Healthcare in Medicaid Case

Feb 4, 2025 | Legal Bulletin, Medicaid | 0 Comments

In an interesting case from last year, J.R. v. Horizon NJ Health, A-2028-21 (February 5, 2024), the American Civil Liberties Union (ACLU) of New Jersey, supported by advocacy groups like Disability Rights New Jersey and the National Health Law Program, took on a…

Ex-Spouse’s Right to Payable on Death Bonds Not Altered by Divorce Agreement

Ex-Spouse’s Right to Payable on Death Bonds Not Altered by Divorce Agreement

Feb 3, 2025 | Estate Administration, Estate Planning, Legal Bulletin, NJ Supreme Court, Probate | 0 Comments

On January 27, 2025, in In the Matter of the Estate of Michael D. Jones, Deceased (A-28-23) (088877) the Supreme Court of New Jersey addressed whether an ex-spouse’s right as the pay-on-death (POD) beneficiary of U.S. savings bonds was modified by the couple’s divorce…

Medicaid Applicant’s Transfer of Funds to Irrevocable Family Trust for Future Child Support Obligation Upheld

Medicaid Applicant’s Transfer of Funds to Irrevocable Family Trust for Future Child Support Obligation Upheld

Jan 28, 2025 | Irrevocable Family Trusts, Legal Bulletin, Medicaid, Medicaid Planning, Trusts | 0 Comments

In a recent Superior Court of New Jersey, Appellate Division decision, W.F. v. Morris County Department of Family Services, the court reversed the imposition of a Medicaid transfer penalty for funds placed in trust to meet future child support obligations.  Background…

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