Protecting a Long-Term Care Patient from Going into Debt
Date: May 31, 2023 9:00 a.m. – 12:00 p.m.
Location: Online
Areas of Law: Elder & Disability Law
Earn up to 2 credits! (More Information)
Keynote
Moderator
Presenters
Assisted living facilities and nursing homes are expensive. Care often costs upwards of $10,000 per month. This program will address two scenarios that affect thousands of people who are about to enter long-term care facilities. You will learn 1. how to protect a long-term care patient’s primary residence and also 2. How to guard their family members from going into debt.
State and federal law prohibits nursing homes from requiring a family member to guarantee payment of the resident’s bill. Yet, many nursing homes subvert this prohibition by designating these family members as responsible parties in the admission agreement. This program will examine responsible party litigation through a review of the seminal case in New Jersey, Manahawkin Convalescent v. O’Neill, 217 N.J. 99 (2014). Learn tips to help protect family members from this practice.
Also, we will outline the strategies and pitfalls in protecting your client’s home from long term care costs. Learn when a primary residence can and should be transferred without Medicaid penalty. We will discuss what you need to show to support the transfer and how to avoid missteps. We will analyze the various options for transferring a home and when each should be considered. Lastly, we will discuss drafting considerations for Medicaid Asset Protection trusts for the home.
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Read our Scholarship & Financial Assistance Policy and submit an Application here: https://njsba.com/njicle/cle-programs/scholarship/