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US Supreme Court Invalids Mandatory Arbitration Of Nursing Home Claims In New Jersey

Posted by on Dec 13, 2017 in NJ Elder Care | Comments Off on US Supreme Court Invalids Mandatory Arbitration Of Nursing Home Claims In New Jersey

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Arbitration Attorney Recently, the United States Supreme Court ruled that a state law which prohibits Mandatory Arbitration written specifically for the long term care industry violates the Federal Arbitration Act because it singles out Arbitration Agreements for disfavored treatment. Federal Law makes an Arbitration Agreement a valid and enforceable contract.  Under state law a Court may invalidate an Arbitration Agreement only upon generally accepted contract...

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A Parent Can Name Ex-Felon Son as Executor, Power of Attorney & Fiduciary

Posted by on Oct 23, 2017 in NJ Elder Care | Comments Off on A Parent Can Name Ex-Felon Son as Executor, Power of Attorney & Fiduciary

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning & Elder Care Attorney My client is updating her estate planning. She’s 60 and divorced. At age 19 her son was convicted of a felony and spent a year in prison. Twenty years later he’s responsible, trustworthy, has a job and a family. She wants to name him personal representative under her will and power of attorney. However, friends tell her he can’t serve because of that conviction. He is her only beneficiary with no meaningful next of kin, so he...

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Power of Attorney Naming Multiple Parties as Agents May (WILL!) Present Problems

Posted by on Oct 4, 2017 in NJ Elder Care | Comments Off on Power of Attorney Naming Multiple Parties as Agents May (WILL!) Present Problems

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer Clients often ask me to prepare a Power of Attorney. Often they have two or more children and ask if they should name both (or none) of them as attorney-in-fact. Most of the time the clients assume then children will jointly agree to make all decisions about everything together. But that’s when the clients thinking seems to stop. A dual agent power of attorney can and generally requires each agent to agree in order to act. The easier (and I...

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Who Gets to Control my Dead Body? Part 2

Posted by on Jul 5, 2017 in NJ Elder Care | Comments Off on Who Gets to Control my Dead Body? Part 2

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate and Probate Attorney In Part 1 of this series I introduced you to a court case involving who has decision making powers over funeral arrangements and payment obligations among family members. In Part 2 I will be discussing the appeal of this case. The interment statute of New Jersey, creates a hierarchy as among survivors for purposes of determining which of them is authorized to control the disposition of a loved one’s remains. At the same time, however, the...

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Who Gets to Control my Dead Body? Part 1

Posted by on Jul 5, 2017 in NJ Elder Care | Comments Off on Who Gets to Control my Dead Body? Part 1

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate and Probate Attorney Here is another recent court case involving priority of decision making for funeral arrangements and the payment obligations for that funeral among family members and the estate executor when a conflict on reimbursement costs comes up. N.J.S.A. 45:27-22(a) provides that if a testator (creator of the will) appoints a person “to control the funeral and disposition of human remains, the funeral and disposition shall be in accordance with the...

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Who can Act as A Witness to a Power of Attorney?

Posted by on May 17, 2017 in NJ Elder Care | Comments Off on Who can Act as A Witness to a Power of Attorney?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer To be a lawful witness of a legal document in New Jersey a person must be over the age of 18, be of sound mind meaning not having a mental disability or prior determination of incompetence, be able to understand that they are witnessing the signature of a binding, legal document and serve as a witness voluntarily, (e.g., not being unduly pressured to witness the document). In addition, the witness cannot be the signor of the document or be the...

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An Enduring Challenge: Competency and the Dueling Powers of Attorney

Posted by on Apr 3, 2017 in NJ Elder Care | Comments Off on An Enduring Challenge: Competency and the Dueling Powers of Attorney

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship & Elder Care Attorney A resident was place in an assisted living memory locked unit by his son. He (the resident) has a girlfriend of long standing (10 years). The son has told the management of the facility that the girlfriend is not permitted to visit with the resident. In response, the girlfriend contacted the Ombudsman’s office and was told that the son had the authority under the father’s Power of Attorney (DPOA). My understanding from the...

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Yes, New Jersey Even Pays For Funerals

Posted by on Mar 13, 2017 in NJ Elder Care | Comments Off on Yes, New Jersey Even Pays For Funerals

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Long-Term Care Attorney The State of New Jersey will pay for funerals through the Department of Human Services (DHS). To apply for a “public assistance” funeral you must call your county board of social/human services (or welfare agency) in which the deceased person resided at the time of their death. Individuals eligible for a state public assistance funeral and burial funds include individuals who require long term care benefits under Medicaid and disabled...

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Learn About A Protective Arrangement: A Really Different Type of Quasi-Guardianship to Protect an Incapacitated or Vulnerable Person

Posted by on Mar 6, 2017 in NJ Elder Care | Comments Off on Learn About A Protective Arrangement: A Really Different Type of Quasi-Guardianship to Protect an Incapacitated or Vulnerable Person

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse & Financial Exploitation Attorney A Guardianship action is filed when a person is incapacitated and cannot make decisions on their own and requires somebody else to come in and make those personal, medical and/or financial decisions for him or her.  A guardianship proceeding is a court action to declare a person incapacitated (not mentally sound) and then have another person appointed as the legal guardian of that person.  Sometimes (certainly not...

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Physician Orders For Life-Sustaining Treatment Act or POLST

Posted by on Feb 13, 2017 in NJ Elder Care | Comments Off on Physician Orders For Life-Sustaining Treatment Act or POLST

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Health Care Directive and Living Will Attorney In 2012, the Physician Orders for Life-Sustaining Treatment Act, or POLST, was enacted. POLST is designed to complement the New Jersey Advanced Health Care Act by making a person’s medical wishes regarding life-sustaining treatment. POLST is a standardized form, called the POLST form. It sets forth medical orders that address a range of life-sustaining interventions and patient preferences as to the intensity of...

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