Living With Family and Losing Medicaid: How In-Kind Support and Maintenance Works — and How a Simple Lease Can Fix It
A 70-year-old woman moves in with her adult son after a stroke. Her only income is $1,200 a month in Social Security. She applies for ABD Medicaid — New Jersey’s Medicaid program for the aged, blind, and disabled — and is told she is over the income limit, which in…
Who Makes Decisions for a Spouse or Family Member During a Medical Emergency in New Jersey
Your spouse is rushed to the hospital. The doctors need to make critical decisions about their treatment. Who has the legal right to make those decisions? Who has access to information? And what happens when adult children — or stepchildren — disagree with what you…
The 5-Year Lookback Rule in New Jersey: What It Is, How It Works, and Why Timing Matters
Of all the rules that govern Medicaid eligibility in New Jersey, none catches families more off guard than the 5-year lookback rule. The concept sounds simple enough: before approving a Medicaid application for long-term care, New Jersey reviews the applicant’s…
Increase in the Medicaid Penalty Divisor Effective April 1, 2026
The New Jersey Department of Human Services, Division of Medical Assistance and Health Services issued Medicaid Communication No. 26-04 on April 6, 2026. The communication announces an increase in the Medicaid penalty divisor, effective April 1, 2026. The penalty…
When Liens Collide: DDD Can Collect Now, Medicaid Must Wait
A decision from the New Jersey Appellate Division published June 17, 2025 (In the Matter of G.W.) has clarified a critical and previously unsettled area of law concerning public benefit liens. The court held that a lien issued by the Division of Developmental…
Divorce as a Medicaid Planning Strategy in New Jersey
Can divorce protect a healthy spouse from Medicaid spend-down in NJ? Learn how Medicaid divorce works, the legal risks involved, and alternatives to consider — from a NJ elder law attorney.
Special Needs Trusts vs. ABLE Accounts in New Jersey: Which One Is Right for Your Family?
Comparing Special Needs Trusts and ABLE accounts for NJ families? Learn the key differences, the 2026 age limit expansion, and when to use each — from a New Jersey elder law attorney.
What Happens After You’re Appointed Guardian in New Jersey?
If you’ve read my earlier post on Understanding Guardianship in New Jersey: Why It May Be Necessary and How to Obtain It, you already know that the guardianship process is a formal court proceeding with several important steps. But what happens once the court case is…
Medicaid and Immigration in New Jersey: What a Medicaid Lawyer Wants You to Know
As a New Jersey Medicaid lawyer, I’m often asked whether immigrants—especially those who are undocumented—can qualify for Medicaid or other forms of public health coverage. The answer is complicated, because eligibility depends on a mix of federal law, state…