The National Academy of Elder Law Attorneys (NAELA) has designated the month of October as National Special Needs Law Month. Special needs planning is an essential part of my elder law practice. There are unique steps to be taken to…
Tag: disabled
Medicaid Laws Allow the Transfer of Assets to a Disabled Individual
An individual who requires long-term care will be eligible for Medicaid if the assets are spent down to less than $2,000. There are both federal and state Medicaid laws, however, that prevent a person from gifting assets to family members…
Read More Medicaid Laws Allow the Transfer of Assets to a Disabled Individual
Who Can Create a Special Needs Trust?
In 1993 Congress passed special laws that amended the Medicaid statute. A portion of the amendment to the Medicaid statute concerns the establishment of a Special Needs Trust for a disabled beneficiary who is less than 65 years of age. …
Special Needs Trust
A person must own less than $2,000 of resources in order to obtain Medicaid assistance to pay for long-term care. Both federal and state laws prohibit an individual from gifting assets within five years of the Medicaid application in order…
Nursing Home Negligence and COVID-19
The statistics for elderly and disabled individuals in nursing home facilities is grim. In the State of New Jersey, at least 53% of those who passed away from COVID-19 were residents of nursing home facilities. New Jersey Attorney General Gurbir…
Law Office of Donald B. Mark 