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Peace of Mind

Elder Care and Special Needs Law Blog

Helping families face aging, illness, and disability through estate planning, asset preservation, and life care planning.

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Mar 22, 2021

Major Victory for Adults Who Provide Home Care for Parents

Advocates are celebrating an important victory for individuals who provide care for their parents at home. The new decision will likely lead to a substantial expansion in the number of homes transferred to those caregivers. In A.M. v. Monmouth County Board of Social Services, the New Jersey Appellate Division recently reaffirmed the New Jersey regulation that allows older adults to transfer their homes to their adult caregiver children without Medicaid penalty.» Read More

Feb 22, 2021

Changes Medicare Beneficiaries May See First Under the New Administration

On January 19, 2021, the Centers for Medicaid and Medicaid Services (CMS) issued a final rule addressing Medicare Part C – Medicare Advantage Plans and Part D Prescription Programs. The rule is far-reaching, but I want to touch on some of the provisions particularly relevant to consumer education and access.» Read More

Jan 11, 2021

What Guardians Should Know About COVID and the COVID-19 Vaccine

Should I Consent to My Ward/Loved One Getting Vaccinated?

Remember that you are obligated to consult your ward and apply the substituted judgment standard; that means making the decision based on their previously expressed wishes and values, not what you or their physician thinks is best for them.» Read More

Jan 07, 2021

ALS Disability Insurance Access Act Eliminates Waiting Period for Social Security Disability Benefits

In the final days of 2020, the President signed the ALS Disability Insurance Access Act. This new law eliminates the five-month waiting period for individuals with Amyotrophic Lateral Sclerosis (ALS) before they can receive Social Security Disability benefits. Many people do not know that if you become disabled and can no longer work, you must wait five months before collecting Social Security disability benefits.» Read More

Jan 04, 2021

Will the COVID-19 Vaccine Bring Reform To Long-Term Care Facilities?

In recent days, The New York Times has devoted several articles to the long-term care industry and its failure in the pandemic. (See “This Is Why Nursing Homes Failed So Badly,” “Nursing Home Patients Are Dying of Loneliness,” and “Push for Profits Left Nursing Homes Struggling to Provide Care.”)» Read More

Dec 14, 2020

New FINRA Rule Aimed at Preventing Financial Advisors’ Exploitation of Senior Clients

Recently, the Financial Industry Regulatory Authority (FINRA) issued a new regulation to protect investors from unscrupulous financial advisors and brokers. Rule 3241 limits the ability of a broker-dealer to be named as a beneficiary, executor, trustee, or power of attorney for one of their customers.» Read More

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