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POLST and Advance Directives: You Need Both!

In December 2011, New Jersey Governor Chris Christie signed legislation that enables patients to indicate their wishes regarding life-sustaining treatment through the practitioner/physician orders for life-sustaining treatment (POLST) form. POLST is a medical order that is completed by a physician or an advance nurse practitioner (APN) and is intended for patients with life-limiting illnesses. The advance planning tool POLST should be established and utilized complementary to, not in place of, advance directives.

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How an Advance Directive Can Benefit Loved Ones with Alzheimer’s Disease

More than 68 percent of New Jersey residents know someone who has or had dementia or Alzheimer’s disease, according to a survey conducted by Fairleigh Dickinson’s PublicMind. Dementia is a group of symptoms that can include impairments to one’s ability to think and communicate, as well as memory loss. Alzheimer’s disease is the most common cause of dementia. It is a progressive, degenerative disorder that impairs thinking, behavior and memory. Due to the degenerative nature of the disease, those with Alzheimer’s are encouraged to obtain an advance directive, a legal document that can direct medical and financial wishes, even after the point when individuals lose the ability to do so themselves.

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Understanding Medicaid Terms

Medicaid is a state and federal program that provides health insurance for millions of Americans, including low-income adults, children, pregnant women, elderly adults and people with disabilities. States administer Medicaid to eligible individuals, according to federal requirements. The program is a state- and federally-funded program.

When reviewing a Medicaid enrollment or renewal application there will be several terms that will be crucial to understanding how an individual may be eligible for Medicaid services. The terms, “resources,” “income,” “’set aside’ costs,” and “spousal refusal,” are defined below and should be utilized as a resource for those seeking Medicaid eligibility and renewal.

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Senate Approves Sandy Bill While Foreclosure Filings Are On the Rise In New Jersey

A bill to protect Sandy victims from foreclosure was approved by the State Senate on December 20, 2016. Earlier this year, the assembly had approved the bill. The bill has now reached Governor Chris Christie for approval and may offer temporary foreclosure protection to the victims of Hurricane Sandy, which destroyed many homes.

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Self-Settled Trusts Available for Individuals with Disabilities

By adding two words (“the individual”) from the Special Needs Trust Fairness Act of 2015 to an existing statute, special needs individuals are now able to create their own self-settled special needs trust. President Obama signed the 21st Century Cures Act approving the change and opening the door for individuals who previously could not open a special needs trust on their own.

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New Jersey Makes Changes to Uniform Trust Code

Effective July 17, 2016 New Jersey officially enacted the revised Uniform Trust Code. The act, which was introduced by state Senators Christopher “Kip” Bateman and Peter J. Barnes, III, applies to “express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the manner of an express trust.

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Court Rules Parent Must Pay Additional Child Support for a Gifted Child

The Ocean City Superior Court has held that a parent in a divorce proceeding may be required to pay additional child support if there is a clear showing that the child is gifted or talented. Lawrence Jones, the Superior Court Judge assigned to the case, recognized that the state’s current child support guidelines give no indication of how to deal with the additional costs associated with the needs of a gifted or talented child.

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Mortgage Modification Agreement is a Valid Contract

Too often homeowners seeking mortgage modifications comply with the requirements of a trial modification, only to find that their mortgage company has refused to modify the mortgage terms. The case of Bloc v. Seneca Mortgage Servicing, could be the beginning of the end of such a frustrating process for homeowners.

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New Jersey Estate Tax Repeal: Is it now better to die in New Jersey than Florida?

JD Supra reports that on October 14th, Governor Christie signed a new law that will remove the New Jersey estate tax. The law will be implemented in a three-year process. Beginning in 2016 New Jersey decedents will not be taxed on an estate less than $675,000. Beginning January 1, 2017, there will be no tax on decedents if their taxable estates are less than two-million dollars. On January 1, 2018 the New Jersey estate tax will be eliminated altogether. The agreement to repeal the estate tax, comes as a compromise to an increase of the New Jersey gas tax by twenty-three cents per gallon. Continue reading “New Jersey Estate Tax Repeal: Is it now better to die in New Jersey than Florida?”

What Happens to Student Loan Debt after You Die or Become Disabled?

If you die or become disabled unexpectedly while carrying student loan debt, it becomes even more difficult to pay it off. What happens to you were to die or become disabled with this debt? With students carrying hundreds of thousands of dollars in student loan debt after graduation, a tragic life event can leave the borrower and/or their family with a mountain of debt that may be impossible to pay off. Some may try to write it off, but bankruptcy regulations forbid them from doing so, barring extreme circumstances.

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