Elizabeth Walsh Kreger

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Paul Norris, a colleague of mine here at Stark & Stark, and I authored the following blog. Together, we wanted to make those who are currently caring for an aging loved one aware of the various options available to them as alternatives to the more traditional Power of Attorney.    It is an issue that most of us will be confronted with at some point in the future; how best to care for an aging…
Since the beginning of 2005, New Jersey Appellate Courts have struck down two separate state regulations relating to the use of annuities for Medicaid planning by holding that the regulations violate federal law. On January 4, 2005, the appellate court ruled that a state regulation capping the amount of funds that a Medicaid applicant may use to purchase a commercial annuity contravenes federal law. Estate of F.K. V. Division of Medical Assistance and Health Services…
Estate of Michael DeMartino v. State of New Jersey, Division of Medical Assistance and Health Services Supporting the State of New Jersey’s aggressive efforts to pursue the recovery of Medicaid benefits paid for a nursing home resident following the resident’s death, the New Jersey Appellate Division concluded in a November 10, 2004 opinion, Estate of Michael DeMartino v. State of New Jersey, Division of Medical Assistance and Health Services, that the State could assert a…
In Re Keri The New Jersey Supreme Court decided that it is lawful to institute a Medicaid spend-down on behalf of an incompetent individual when certain criteria are met. Medicaid spend-down plans are permissible when the plan does not interrupt or diminish the care that an incompetent person receives, when that plan involves the transfer of that person’s natural objects, when the plan is not contrary to any expressed prior interest or intent, and the…