Category Archives: Elder Law

What’s the Status of the Healthcare debate in Washington?

Stay up to date with what’s going on in Washington as the Senate looks to move forward on healthcare. Continue reading

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KVDM’s Kathleen C. Moriarty, Esq. Appears on Local Radio Show

KVDM elder law attorney, Kathleen C. Moriarty, Esq., was recently invited to join Beach Radio’s “The Lighter Side of Finance,” hosted by David Crossan, Senior Financial Advisor and Senior Vice President – Investments at Wells Fargo Advisors. Continue reading

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Undue Influence challenges involving Wills and Joint Accounts

   In a recent decision (August 10, 2012), In The Matter of the Estate of Antoinette Zarrillo, Superior Court of New Jersey, Chancery Division: Probate Part, Essex County, Docket No. ESX-CP-0108-2008, the Court dealt with the issue of undue influence with regard to the execution of the decedent’s Will and changes to beneficiary designations and co-owners of joint accounts.  The opinion also explains the different standards involved in proving undue influence with regard to Wills versus with regard to inter vivos transfers.     Here, the decedent died testate onJanuary 19, 2008and was survived by three sons.  The decedent’s Will, datedDecember 14, 2004, named her son, Joseph, as Executor.  Joseph was left the property and contents of decedent’s home as well as 45% of the residual estate.  Decedent’s other son, Nicholas, was left 45% of the residual estate and her other son, Michael, was left 10%.    The Will also contained an in terrorem clause which is a no-contest clause.     Joseph and his wife moved in with decedent after her husband died in 2000.   When the decedent executed her Will in 2004, her health had begun to falter.  At this time, she also changed the ownership and beneficiary designations on … Continue reading

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Signing an Admission Agreement as a “Responsible Party” on behalf of another person can lead to personal liability for the patient’s debts to the facility

   In Royal Suites Healthcare and RehabilitationCenter v. Estate of Dora Palladino, et al., Superior Court of New Jersey, Appellate Division, A-1711-09T1, the Court held that falsely claiming a power of attorney for someone can render you personally liable for their healthcare-related debts.    Here, Theodore Fusco admitted his aunt, Dora Palladino, who was suffering from various medical ailments including dementia, into a residential nursing home (Royal Suites).  The admission agreement that Fusco signed stated that “If the Responsible Party managed the Resident’s finances, he or she would be responsible for making payments owed to Royal suites from the Resident’s funds.”  Fusco signed the admission agreement on the line indicating “Signature of Responsible Party.”  Under his signature, Fusco wrote “P.O.A.;” however, Fusco did not have a power of attorney for his aunt.     After two months, Palladino became ineligible for Medicare.  Palladino remained at Royal Suites as a “private pay” resident; however, payment was never made.  Following Palladino’s death, Royal Suites pursued Fusco personally for payment on the debt.     The trial court held Fusco liable for Palladino’s debt.  The trial judge noted that with a power of attorney, you act as the other person’s agent.  Without that power of … Continue reading

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National Academy of Elder Law Attorneys Celebrates Elder Law Month

Elder and Special Needs Law Attorneys Across the Country Educate Seniors on Legal Options This May Washington, DC — The National Academy of Elder Law Attorneys (NAELA), a professional association of attorneys dedicated to improving the quality of legal services provided to older Americans and individuals with special needs, established May as Elder Law Month as a way to educate seniors and their families about their legal options in dealing with elder abuse and fraud, long-term and health care planning, Medicaid, Medicare, estate planning, and other important issues. “With the elderly population growing each day, driven in large part by the graying of the Baby Boomer generation, it is crucial to assist older Americans and their families in finding legal services and resources to improve their quality of life,” said NAELA President Edwin Boyer, Esq., CAP. All too often, Americans wait to deal with these issues in times of crisis, rather than working with an Elder or Special Needs Law attorney before the crisis occurs. By planning ahead and looking to the future, seniors and people with special needs can ensure a better quality of life and that they have the services and support they need as they get older. … Continue reading

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