Hanlon Niemann Blog | A Freehold, New Jersey Law Firm

by Fredrick P. Niemann, Esq., a New Jersey Medicaid Attorney

When Medicaid determines whether or not you will qualify for assistance with your long-term healthcare, they will look at your financial assets. One way to protect your assets from Medicaid consideration and thus avoid paying for the cost of long-term care is to establish a qualifying trust.  Placing assets in an irrevocable trust that designates a beneficiary or someone who the assets will be given to on a future date is often recommended.  If certain requirements are met, Medicaid will not consider the assets in the trust in determining your ability to pay for your long-term healthcare.

In determining whether the assets in your trust qualify, Medicaid will look at the beneficiary(ies) of the trust and their interest. One common type of trust created is called a discretionary support trust. Discretionary support trusts, those in which a trustee is given the discretion to disperse principal from the trust to its beneficiaries.  Support trusts are closely scrutinized by Medicaid. The government looks to determine the beneficiary(ies) interest mainly by looking at 1) the number of beneficiaries and 2) whether the beneficiary(ies) receives public assistance during the trust creator’s lifetime.

 Trusts that involve multiple beneficiaries and where the beneficiaries do not presently receive public assistance have a better chance of qualifying for Medicaid, as the government will not consider the trust an available resource. Trusts with only one beneficiary who receives public assistance is usually deemed to be an available resource for the creator of the trust, therefore lessening the odds of qualifying for government assistance for health care. Additionally, where a trustee has the discretion to use the trust principal for comfort, welfare, and other basic needs of the life beneficiary, the government will view it as an available resource to pay for health-care, disqualifying the life beneficiary from Medicaid.

 New Jersey Courts have stated that assets of a discretionary support trust will NOT be considered an available resource (helping the person qualify for Medicaid) when “no payment could under any circumstances be compelled to the individual.” Therefore, it is important to establish in your trust that there are no payments to the life beneficiary required. It is also a good idea to have more than one beneficiary, to help show Medicaid that the trust isn’t being used simply to hide the assets from them.

 If you have any further questions regarding the discretionary support trust or Medicaid in general, please contact Fredrick P. Niemann, Esq. immediately. He can be reached at 855-376-5291 or by email at fniemann@hnlawfirm.com. He would be more than happy to assist you.

Fredrick P. Niemann, Esq., a Monmouth County Litigation Attorney

Sometimes even the best laid marital plans go astray. Usually when that happens, litigation does not ensue, but there are precedents for a cause of action for breach of a contract to marry. In one such recent case, a jilted bride-to-be recovered a substantial jury verdict from her fiancée after he called off the planned wedding. It was the second time that the same man had balked at marrying the same woman. This time, he had asked her to pull up stakes in Florida, where she then lived and worked, and move to live with him in Georgia. He also offered her a diamond ring and agreed to pay off about $40,000 in debt that she had accumulated. Only two weeks into the new arrangement, the man called off the wedding, citing his poor health and apologizing for making promises he would not be keeping.

Despite the canceled wedding, the couple stayed together for a few more months. Then the last straw came for the former bride-to-be when she found her boyfriend with another woman. He claimed that he had started his romance with the second woman only after the wedding was canceled, but this claim was belied by evidence that he had given that woman $500 just before his ill-fated marriage proposal to the plaintiff.

The plaintiff sued for breach of contract, seeking damages for financial and emotional harm. While it may seem that the most obvious injury in such cases is emotional in nature, in this case all but a small amount of the jury verdict was attributable to the value of the employment package that the plaintiff had given up to be with her fiancée. After coming to Georgia, she had struggled to find work and ultimately settled for a much less attractive job after the breakup.

No doubt it did not make a good impression on the jury that the boyfriend had broken the news that there would be no wedding by leaving his fiancée a note in the bathroom. This fact dovetailed nicely with the woman’s attorney’s closing argument, which could be summed up as “He’s a cad.”

If you have any questions, contact Fredrick P. Niemann, Esq. at 732-863-9900, or fniemann@hnlawfirm.com.  He is happy to answer your inquiries.

Fredrick P. Niemann, Esq. was recently the featured speaker in Colts Neck, NJ at a seminar entitled Investments & Estate Planning for Trusts and Wills for High Net Worth Individuals.  He spoke on the current state of federal and NJ tax laws and how to protect family assets from catastrophic illness.

If you would like Mr. Niemann to speak before your group or to your facility staff, please contact him at fniemann@hnlawfirm.com or 732-863-9900.  We can create an interesting, informative and customized seminar complete with PowerPoint presentation on many topics of interest to your organization.

PLEASE CONTACT FACILITY 24 HOURS IN ADVANCE TO CONFIRM.

2010

Holiday Luncheon Celebration with Right at Home Co.
Sponsored with Care One East Brunswick and Sunrise Assisted Living
November 18, 2010 from 11:30 am to 3:00 pm
Seminar consists of two speakers, Barbara De Angelis from The Alzheimer’s Association and Fred Niemann from Hanlon Niemann, P.C.
Topic will be on Understanding Alzheimer’s Disease for Healthcare Professional 11:30 am to 12:30 pm
Hidden Secrets of Veterans Benefits 1:00 pm to 3:00 pm
At GUSTOS
1050 Route 18 North, East Brunswick, NJ 08816
Space is limited please call or email Beth Sholom at 732-967-0900 bethrah@verizon.net
Social worker and nursing credits will be given

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
November 17th   Registration 8:30 am, Program 9:00 am
Seminar Location: Sunrise Assisted Living of Lincroft
734 Newman Spring Road, Lincroft, NJ 07738
(732) 212-2823 or (732) 212-1910 Joe Gavin (Please call to register)

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
November 10th  Registration 8:30 am, Program 9:00 am
Seminar Location:  Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600 Tina Manganella (Please call to register)

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Sponsored with Home Care Assistance
Open to Professionals Only
November 9th  Registration at 8:30 am, Program begins at 9:00 am
Seminar Location:  The Residence at Toms River Independent and Assisted Living
2145 Whitesvillle Road, Toms River, NJ 08755
(732) 905-9222 Ext. 2104 - Please call Donna Doughty to register

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professional Only
November 4th  Registration at 8:30 am, Program: 9:00 am to 11:00 am
Seminar Location: Sunrise Assisted Living in Jackson
390 North County Line Road, Jackson, NJ 08527
(732) 928-5600  Contact: Charles Placek

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
October 28th Program 5:30 pm
Seminar Location:  Care One at the Cupola (with Home Care Assistance)
100 West Ridgewood Avenue, Paramus, NJ
(201) 444-8200 – Contact:  Kelly Taylor

Hidden Secrets of Veteran’s Benefits
Community Event Sponsored with Home Care Assistance
October 27th at 10:00 am to 11:00 am
Seminar Location:  St. John’s Roman Catholic Church
619 Chestnut Street, Manchester (Lakehurst), NJ
(732) 657-6347 Joan Boland

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Sponsored with Home Care Assistance - Open to Professionals Only
October 26th Registration at 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Applewood Estates
1 Applewood Drive, Freehold, NJ 07728
(732) 303-7416  Contact: Tricia Koches

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Social Workers Only
October 12th  Registration at 8:30 am, Program at 9:00 am
Seminar Location:  Chelsea in Manalapan
445 Route 9 South, Manalapan, NJ
(732) 972-6200 – Contact:  Rose Ciaburri

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
Open to Professionals Only
August 12th Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Brandywine Assisted Living
49 Lasatta Avenue, Englishtown, NJ 07726
(732) 786-1000

CEU Program for Social Workers:  Hospice and Protection of Assets
Sponsored by CareOne at Holmdel
Open to CentraState Staff Only
August 4th at 4:00 pm
Seminar Location:  CentraState Hospital
901 West Main Street, Freehold, NJ  07728
(908) 596-8307 (Care One)

CEU Program for Social Workers:  Hospice and Protection of Assets
Open to Professionals Only
August 4th Program 8:30 am to 10:30 am
Seminar Location:  Meridian Home Office
Monmouth Shores Corporate Park, 1340A Campus Parkway, Neptune, NJ
(732) 320-5638 (Holly Sieka)

Community Program - Medicaid
Open to All
August 3rd  at 1:30 pm
Seminar Location:  Brandywine
5 Meridian Way, Shrewsbury, NJ 07702
(732) 212-2600

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
August 3rd  Registration 8:30 am  Registration 9:00 am to 11:00 am
Seminar Location: Care One Jackson
11 History lane, Jackson, NJ 08527
(732) 367-6600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
July 27th  Registration 8:30 am  Program 9:00 am to 11:00 am
Seminar Location:  The Chelsea
445 Route 9 South, Manalapan, NJ
(732) 972-6200

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
July 20th Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Burnt Tavern Rehabilitation Care Center
1049 Burnt Tavern Road, Brick, NJ 08723
(732) 840-3700

Hidden Secrets of Veterans Benefits
Open to the Public
July 21st  Program 4:00 pm
Seminar Location:  Magnolia Gardens (Green Acres)
1931 Lakewood Road (Route 9), Toms River, NJ 08757
(732) 286-2323

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
July 14th   Registration 4:30 pm  Program 5:00 pm to 7:00 pm
Location:  Healthsouth
14 Hospital Drive, Toms River, NJ
(732) 505-5003

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
June 22nd Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Leisure Chateau Care Center
962 River Avenue, Lakewood, NJ  08701
(732) 370-8600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
June 16th Program 1:00 pm to 3:00 pm
Seminar Location: Heritage Pointe Village
600 Frank W. Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260

CEU Program for Social Workers: Special Needs Trust and Estate Planning
June 10th Registration  8:30 am, Program 9:00 am to 11:00 am
Seminar Location:  Francis Asbury Manor
70 Stockton Avenue, Ocean Grove, NJ 07756
(732) 206-9600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
May 25th  Registration 4:30 pm, Program 5:00 pm - 7:00 pm
Seminar Location:  Leisure Park
1400 Route 70, Lakewood, NJ 08701
(732) 370-0444

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
May 11th  Registration 8:00 am, Program 8:30 am to 10:30 am
Seminar Location:  Sunrise at Marlboro
3 S. Main Street, Marlboro NJ  07746
(732) 409-6665

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
Open to Professionals Only
May 6th  Registration 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Imperial Care Center
919 Green Grove Road, Neptune, NJ 07753
(732) 922-3400

VA Benefits, Alzheimer’s Symposium
May 6th at 1:00 pm
Seminar Location: Quality Inn
Route 37 West, Toms River, NJ  08757
(732) 922-9845 (Alcour Gardens)

Family Night with a Focus on Medicaid
Open to Amboy Care Center Resident’s Families Only
April 29th from 6:00 pm to 7:30 pm
Seminar Location: Amboy Care Center
Lindbergh Avenue, Perth Amboy, NJ 08861
(732) 324-4260

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
April 27th Registration 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Tower Lodge
1506 Gulley Road, Wall, NJ
(732) 681-1400

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
April 21st at 11:00 am to 12:30 pm
Seminar Location: Cranbury Center
292 Applegarth Road, Monroe, NJ 08831
(609) 860-2500

What Happens If You Die Without a Will?
Open to all
April 15th at 2:00 pm
Seminar Location: The Chelsea at Manalapan
445 Route 9 South, Manalapan NJ 07726
(732) 972 6200

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
April 13th Registration at 8:00 am, Program 8:30 am - 10:30 am. 
Seminar Location:  Care One at Wall
2621 Hwy 138, Wall, NJ 07719
(732) 556-1060

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
March 25th Registration at 8:30 am, Program 9:00 to 11:00 am
Seminar Location: The Worthington Assisted Living
458 Jack Martin Boulevard, Brick, NJ 08724
(732) 206-9800

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
March 24th Registration 4:30 pm, Program 5:00 pm to 7:00 pm
Seminar Location: Green Acres Manor
1931 Lakewood Road, Toms River, NJ  08755
(732) 286-2323

Monmouth Bar Association Family Law Seminar
March 6th from 9:00 am to 11:30 am
Seminar Location:  Sheraton Hotel
Route 35, Eatontown, NJ 07724
A full breakfast buffet will be served at this seminar.  Cost:  $25.00

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
March 4th Registration at 8:30 am, Program 9:00 to 11:00 am
Seminar Location: Care One at Holmdel
188 State Highway 34, Holmdel, NJ  07733
(732) 946-4200

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
February 24th at 2:30 pm
Seminar Location:  Raritan Bay Medical Center
530 New Brunswick Avenue, Perth Amboy, NJ 08861
(732) 513-8588

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
Feb 17th Registration at 12:30 pm, Program 1:00 pm to 3:00 pm
Seminar Location: Heritage Pointe of Teaneck
Frank W Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260

Alzheimer’s Question & Answer Session
Open to Atria Senior Living Alzheimer’s Support Group
February 4th at 10:00 am
Seminar Location:  Atria Senior Living at Tinton Falls
44 Pine Street, Tinton Falls, NJ 07753
(732) 918-1960

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
February 4th Registration at 3:30 pm
Seminar Location: Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600

2009

CEU Program for Social Workers: Medicaid: The Approaching Storm
December 3rd from 8:30 am to 10:30 am
Open to Professionals Only
Seminar Location:  Waterford Glen Assisted Living
2021 Highway 35, Wall, NJ 07719
(732) 282-1910

CEU Program for Social Workers: Medicaid: The Approaching Storm
November 18th from 4:30 pm - 6:30 pm
Open to Professionals Only
Seminar Location: Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600

VNA Advisory Committee Meeting
November 12, 2009 at 9:00 am
Location:  Women’s Club, VNA of Central Jersey Office
67 Main Street, Manasquan, New Jersey
(732) 223-6200

CEU Program for Social Workers: Veterans Aid and Attendance
November 11th from 5:00 pm - 7:00 pm
Open to Professionals Only
Seminar Location: Wedgwood Gardens
3419 Route 9 North, Freehold, NJ 07728
(732) 677-1200

Hidden Secrets of VA Benefits
November 10th at 1:00 pm
Open to all
Seminar Location:  Shorrock Gardens
175 Old Toms River Road, Brick, NJ 08723
(732) 451-1000

CEU Program for Social Workers: Medicaid: The Approaching Storm
November 5th from 8:30 am - 10:30 am
Open to Professionals Only
Seminar Location:  Waterford Glen
2021 Hwy 35, Wall, NJ 07719
(732) 282-1910

Medicaid: The Approaching Storm
October 22nd from 10:30 am - 11:30 am
Open to all
Seminar Location: Middlesex Senior Center
1 Old Bridge Plaza, Old Bridge, NJ 08857
(732) 721-5600

CEU Program for Social Workers: Medicaid: The Approaching Storm
October 8th from 9:00 am to 11:00 am
Society on Aging; Part of an All Day Event
Seminar Location: Wedgwood Gardens
3419 Route 9 North, Freehold, NJ 07728
(732) 677-1200

CEU Program Veterans Aid and Attendance Phase II
October 7th from 12:00 pm - 1:00 pm
Alcour Gardens Social Work Staff CEU Program
Open only to those who attended the first session
Seminar Location: Paul Kimball Medical Center, Lakewood, NJ  08701
(732) 363-1900

Hidden Secrets of VA Benefits
October 1st from 2:00 pm - 3:00 pm
Open to all
Seminar Location:  Worthington at Brick
458 Jack Martin Boulevard, Brick, NJ 08724
(732) 206-9800

Hidden Secrets of VA Benefits
September 10th from 4:30 pm - 6:00 pm
Open to all
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ 07719
(732) 974-7666

CEU Program Veterans Aid and Attendance Phase I
September 9th at 12:00 pm
Alcour Gardens Social Work Staff CEU Program
Seminar Location: Paul Kimball Medical Center, Lakewood, NJ  08701
(732) 363-1900

CEU Program Veterans Aid and Attendance
July 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Waterford Glen Assisted Living
2021 Highway 35, Wall, NJ 07719
(732) 282-1910

Hidden Secrets of VA Benefits
July 28th at 8:00 am
Open to all
Seminar Location:  Chelsea Assisted Living
445 Route 9 South, Manalapan, NJ 07726
(732) 972-6200

Hidden Secrets of VA Benefits
July 21st at 3:00 pm
Open to all
Seminar Location:  Manor by the Sea
160 South Main Street, Ocean Grove, NJ 07756
(732) 481-8300

Veterans Benefit Aid and Attendance
July 15th at 11:15 am
Open to all
Seminar Location:  Freehold Township Senior Center
116 Jackson Mills Road, Freehold, NJ  07728
(732) 294-2029

CEU Program Veterans Aid and Attendance
July 9th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Wynnewood at Forsgate
380 Forsgate Drive, Monroe, NJ 08831
(609) 409-7525

Veterans Benefit Aid and Attendance
July 7th at 1:00 pm
Open to all
Seminar Location:  Bella Terra   
Two Kathleen Drive, Jackson, NJ 08527
(732) 730-9500

Hidden Secrets of VA Benefits
June 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Monmouth Medical Center
300 Second Avenue, Long Branch, NJ  07740
(732) 928-5600

Hidden Secrets of VA Benefits
June 18th at 2:00 pm
Open to all
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

CEU Program Veterans Aid and Attendance
June 11th at 4:30 pm
Social Work Staff CEU Program
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

Veterans Benefit Aid and Attendance
June 9th at 6:30 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ 07738
(877) 605-7130

Estate Planning
June 2nd at 6:00 pm
Open to all
Seminar Location: Care One at Jackson
11 History Lane, Jackson, NJ 08527
(732) 367-6600

Hidden Secrets of VA Benefits
May 20th at 6:30 pm
Open to all
Seminar Location:  The Willows Assisted Living
713 North Beers Street, Holmdel, NJ 07733
(732) 335-6405

Veterans Benefit Aid and Attendance
May 14th at 4:30 pm
Open to all
Seminar Location:  Brandywine Assisted Living at Governor’s Crossing   
49 LaSatta Ave., Englishtown, NJ 07726
(732) 786-1000

Navigating Your Senior Years
Also speaking: Care Alternatives Hospice, Synergy Home Care,
and Primerica Financial Services
May 12th at 6:00 pm
Open to all
Seminar Location:  Care One   
188 Route 34, Holmdel, NJ 07733
(732) 946-4200

Veterans Benefit Aid and Attendance
April 30th at 4:00 pm
Open to all
Seminar Location:  Seabrook Village
3000 Essex Road, Tinton Falls, NJ  07724
(732) 643-1200

CEU Program Veterans Aid and Attendance
April 23rd at 8:30 am
Social Work Staff CEU Program
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Veterans Benefit Aid and Attendance
April 7th at 6:30 pm
Open to all
Seminar Location:  Brandywine of Brick the Gables
515 Jack Martin Boulevard, Brick, NJ 08723
(732) 836-1400

Veterans Benefit Aid and Attendance
April 2nd at 2:00 pm
Open to all
Seminar Location:  Care One King James
1040 Hwy 36, Atlantic Highlands, NJ 07716
(732) 291-3400

Veterans Benefit Aid and Attendance
March 12th at 6:00 pm
Open to all
Seminar Location:  Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

Veterans Benefit Aid and Attendance
March 4th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Powers of Attorney and Advance Directives
February 2nd 12:00 pm to 1:30 pm
Open to all
Seminar Location:  Jersey Shore Medical Center
1945 State Highway 33, Neptune, NJ  07753
(732) 775-5500

Powers of Attorney and Advance Directives
January 26th at 6:00 pm
Open to Hospital Staff
Seminar Location: Jersey Shore A Team  
71 Davis Avenue, Neptune 07753
(732)-776-4700

Veterans Benefit Aid and Attendance
January 15th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

2008December 11, 2008 at 10:00 am to 10:45 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

Disability Trusts and Benefits

Veterans Aid and Attendance
November 18th at 7:30 pm
Matawan VFW
Cheesquake Adult Community Recreation Center
33 Galewood Drive
Matawan, NJ  07747

Estate Planning
November 13th at 2:00 pm
Open to all - RSVP by November 10th
Brandywine Assisted Living
100 Meridian Place
Howell, NJ  07731
(732) 719-0100

Medicaid and Asset Protection When Your
Clients Get Sick and Face a Nursing Home
November 11th at 10:00 am
John Hancock Agency
2520 Highway 35, Suite 105
Manasquan, NJ  08736
(732) 528-3822

Healthcare Association of NJ Nursing Homes Annual Convention
October 28th - 29th
Open to Healthcare Association Members
1000 Boardwalk at Virginia Avenue
Atlantic City, NJ 08401
(609) 449-1000

Powers of Attorney and Advance Directives
October 23, 2008 at 9:00 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

VA Benefit Aid and Attendance
October 14th at 6:30 pm
Open to all
Wynnewood at Forsgate
380 Forsgate Drive
Monroe, NJ 08831
609-409-7525

Medicaid and the Changes for 2009
October 2nd at 2:00 pm
Open to all
The Chelsea at Manalapan
445 Route 9 South
Manalapan, NJ 07726
(732) 972-6200

VA Benefit Aid and Attendance
September 11th at 10:00 am
Open to all
Sunrise of Jackson
390 N County Line Road
Jackson, NJ 08527
(732) 928-5600

How to Pay For Assisted Living without Going Broke
August 14th at 7:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

VA Benefit Aid and Attendance
June 10th at 6:30 pm   
Open to all 
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

VA Benefit Aid and Attendance
Apr 17th at 3:00 pm
Open to all    
Seminar Location:  Brighton Gardens
620 State Highway, 35 South, Middletown, NJ
(732) 275-0790

VA Benefit Aid and Attendance  
Mar 13th at 5:00 pm - 7:00 pm 
Open to community 
Seminar Location:  Kensington Court
864 Shrewsbury Avenue, Tinton Falls, NJ   07724
(732) 784-2400

Wills/Probate 
Feb 7th at 1:00 pm 
Open to residents 
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ  07719
(732) 974-7666

Estate Planning and Asset Protection
Jan. 23rd at 2:00 pm
Open to community 
Seminar Location:  Chelsea Rest Home
352 Chelsea Avenue, Long Branch, NJ 07740
(732) 222-8125

VA Benefit Aid and Attendance
Jan 16th at 6:30 pm    
Seminar Location: 
Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

2007Dec 19th at 11:00 am
Seminar Location:  The Wexford Assisted Living
2018 Highway 35, Spring Lake, NJ 07762

VA Benefit Aid and Attendance

Mercer County Bar Association 
Topic:  Special Needs Trust,  
Guardianship, Living Wills & More
Nov 28th at 9:00 am 
Seminar Location:  Marriott Princeton Hotel
100 College Road East, Princeton, NJ 08540
RECENTLY ATTENDED PROGRAMS BY MR. NIEMANN

2008
Probate Symposium
NJSBA
Mar 13th
New Brunswick, NJ

NAELA Unprogram
Jan 25 - Jan 27
Grapevine, TX

2007
Mercer County Bar Association
Special Needs Trust, Guardianship,
Living Wills & More
Nov 28th
Princeton, NJ

NAELA Convention
Nov 1 - Nov 4
Memphis, TN

MPS Systems Boot Camp
Oct 24 - Oct 25
Orlando, FL

Veterans Benefit Institute
Sep 2007
Chicago, IL

 

 

By Christopher J. Hanlon, Esq.

The new Predatory Towing Act which became effective October 18, 2008 prohibits non-consensual towing, including towing of motor vehicles from private properties (your community) without the consent of the owner or operator of the vehicle, except in compliance with the Act.

 The Act requires either the consent of the vehicle owner (which consent might be secured in a lease or rules and regulations) or towing only after the posting of a sign “in a conspicuous place at all vehicular entrances to the property. . .no smaller than 36” high and 36” wide,” which lists all of the following:

1. The purpose for which parking is authorized;
2. That unauthorized parking is prohibited and no authorized vehicles will be towed at the owner’s expense;
3. The name, address and telephone number of the towing company;
4. The charge for towing which will not exceed the fee specified in the tariff which is on file with the Director (filed there by the towing contractor) for both the towing and storage of the towed motor vehicle; and
5. The street address of the storage facility where the towed vehicles can be redeemed by payment of the posted charges and times when redemption is possible.

In addition, no towing company may remove the motor vehicle without the written authorization of the property owner (or presumably an authorized representative) who must be present at the time of removal.

It is recommended that each lease now contain a generic authorization for towing of any car owned by any tenant who signs a lease.  Since the consent must be provided by the vehicle owner, it would also be advisable to have a consent signed by any authorized occupant.  However, lacking any such signed consent from any other person who might own a car parked on your property, considering the likelihood that such signatures might not be obtained from guests or other visitors, and the possible uncertainty concerning vehicle ownership under any circumstance, any property owner who wishes to maintain the option of towing unauthorized vehicles or vehicles parked in unauthorized areas from the premises (as opposed to enforcing parking regulations through eviction measures) should comply with the law by hanging appropriate the sign, which is in compliance with the guidelines set forth above where required by the law.

For more information about New Jersey’s Predatory Towing Act, please contact Christopher J. Hanlon at chanlon@hnlawfirm.com.

Fredrick P. Niemann, Esq. of Hanlon Niemann, P.C., a Freehold Township, NJ law firm with a significant elder law practice, was accredited by the US Veteran’s Administration as a certified attorney accredited to file, prepare, counsel and assist veterans and their families in Aid and Attendance pension benefits.  This pension is extremely valuable to NJ’s struggling families facing large and increasing long term care costs for assisted living and nursing home care.  It is a pension available to aging veterans 65 and older as well as veterans who are disabled or blind, and their surviving spouses.  Monthly benefits can exceed $1,880 per month. 

Benefits for Aid and Attendance are seldom applied for by eligible veterans, and Mr. Niemann is actively working to inform NJ veterans who are facing declining health or spending significant monthly income for medical and care costs.  He can be reached at (732) 863-9900 or fniemann@hnlawfirm.com.  Hanlon Niemann is located at 3499 Route 9 North, Freehold, NJ 07728.

Fredrick P. Niemann, Esq., founding partner of Hanlon Niemann, has been listed by the prestigious Martindale-Hubbell as “peer review” rated for 2008.

The peer review rating process evaluates lawyers in the U.S. and Canada and is based solely upon the comments, opinions and ratings of attorneys familiar with the nominated professionals.  A Martindale-Hubbell peer review rating attests to a lawyer’s legal ability and professional ethics and reflects the confidential opinions of the bar and the judiciary.

Mr. Niemann was reflective when notified of the nomination.  “I work extremely hard for my clients as do all the members of the firm.  On behalf of my co-workers and professionals at the firm, we gratefully acknowledge this recognition.”

Mr. Niemann’s work is primarily in the practice area of elder law, estate and probate litigation, asset and income protection, planning for aging and persons affected by sudden and significant health issues, veteran’s benefits and special needs trusts.  He can be reached at fniemann@hnlawfirm.com, or 732-863-9900.
 

You may beat the system but still have to pay your attorney fees.   It is not a sure thing that a citizen filing suit against governmental agencies who refuse or delay releasing public records will be able to recover legal fees.  The state’s law has a key attorney fee shifting weapon available to private citizens against recalcitrant agencies.  New Jersey’s OPRA is one of the few state and federal statutes allowing fee shifting. The principal behind fee shifting is to enable those who believe that they have been wronged to hire a lawyer to take on a case in a matter of the broad public interest.  The New Jersey Supreme Court has ruled that plaintiffs in lawsuits against public entities and their lawyers willing to take on such challenges must show that it was the institution of the lawsuit that caused the governmental agency to provide the public records.   In a recent decision, the high court ruled that fee shifting is allowed under the Open Public Records Act (OPRA) if an agency releases the records after a suit was filed and sometimes even before the issue is adjudicated but the court has a critical caveat, it doesn’t mean that there will be fee shifts all of the time.

The Court has determined that if someone sues the government for the documents and the agency turns them over before the court decides the issue, the facts or records must show it was the filing of the suit that effectively caused the agency to comply before the plaintiff can get fees from the agency.  The significance of the case is that no one should presume that a citizen fighting the system to obtain public records will have his/her/its fees and costs reimbursed.  Rather, the party and their attorney will have to evaluate whether in the end a victory comes at a significant financial expense to the party.   While encouraging this recent case requires a sober analysis of all issues before a lawsuit is filed.

For more information on this decision, contact Bonnie Wright, Esq. at bwright@hnlawfirm.com

FOR IMMEDIATE RELEASE
Hanlon Niemann Receives 2008 Best of Freehold Award

U.S. Local Business Association’s Award Plaque Honors the Achievement

WASHINGTON D.C., July 17, 2008 — Hanlon Niemann has been selected for the 2008 Best of Freehold Award in the Real Estate Management category by the U.S. Local Business Association (USLBA).

The USLBA “Best of Local Business” Award Program recognizes outstanding local businesses throughout the country. Each year, the USLBA identifies companies that they believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and community.

Various sources of information were gathered and analyzed to choose the winners in each category. The 2008 USLBA Award Program focused on quality, not quantity. Winners are determined based on the information gathered both internally by the USLBA and data provided by third parties.

Fredrick P. Niemann, Esq., managing partner of Hanlon Niemann, commented that “the award demonstrates that our efforts to achieve a reputation as a law firm within our community have been recognized by other local business owners and professional organizations.  It’s a real tribute to the members of our firm”.

About U.S. Local Business Association (USLBA)
U.S. Local Business Association (USLBA) is a Washington D.C. based organization funded by local businesses operating in towns, large and small, across America. The purpose of USLBA is to promote local business through public relations, marketing and advertising.
The USLBA was established to recognize the best of local businesses in their community. The organization works exclusively with local business owners, trade groups, professional associations, chambers of commerce and other business advertising and marketing groups. Its mission is to be an advocate for small and medium size businesses and business entrepreneurs across America.

SOURCE: U.S. Local Business Association

On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in domestic partnerships (same- or opposite-sex relationships). Among the new responsibilities is that the state will treat surviving members of the couple the same as surviving spouses of married couples for purposes of estate recovery by Medicaid.

The new law, which takes effect June 12, 2008, prohibits recovery by Medicaid if the agency would not have been permitted to recover from a surviving spouse in similar circumstances.

An Ohio appeals court rules that assets held in an irrevocable trust are available to a Medicaid applicant because the trustee has the discretion to make payments of trust principal for the applicant’s benefit. Balanda v. Ohio Dept. of Job (2008-Ohio-1946, April 24, 2008).

After living in a nursing home for three years, Eleanor Balanda applied for Medicaid in December 2004. The Ohio Department of Job and Family Services denied her application due to excess resources. In February 2005, Eleanor’s husband, Vincent, created an irrevocable trust and subsequently transferred $40,800 into it. In December 2005, Eleanor again applied for Medicaid and the Department again denied her application, this time holding that the assets in the trust were available because the trust gave the trustee discretion to distribute principal to or for the benefit of either Eleanor or Vincent. Eleanor appealed.

The Court of Appeals of Ohio affirms the Department’s decision. The court points out that Ohio law considers a trust an available asset “[i]f there are any circumstances under which payment from [an irrevocable] trust could be made to or for the benefit of the applicant/recipient.” Ohio Admin.Code 5101:1-39-27.1(C)(2)(c)(i). Since, in this case, the trustee has the discretion to distribute funds to or for the benefit of Eleanor or Vincent, the court finds that the trust assets were correctly counted as an available resource.

For the full text of this decision, click here: