Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He was a speaker at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals.

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500
http://www.njlaws.com/

Saturday, April 25, 2015

NJ spreme court oks denial of medicaid to legal aliens Manuel Guaman, et al. v. Jennifer VelezAnnotate this Case

NJ spreme court oks denial of medicaid to legal aliens

Manuel Guaman, et al. v. Jennifer Velez

Annotate this Case
 Manuel Guaman, et al. v. Jennifer Velez, Commissioner of New Jersey Department of Human Services, et al. (A-87-13) (073371)
(NOTE: The Court did not write a plenary opinion in this case. Instead, the Court affirms the judgment of the Appellate Division, substantially for the reasons expressed in Judge Reisner s majority opinion reported at 432 N.J. Super.230 (App. Div. 2013). Two members of the Court dissent, substantially for the reasons expressed in Judge Harris s dissenting opinion reported at 432 N.J. Super.230, 249 (App. Div. 2013).)
Argued February 2, 2015 -- Decided March 30, 2015
PER CURIAM
In this appeal, the Court considers whether, consistent with the United States Constitution and the New Jersey Constitution, the State may eliminate state-funded Medicaid benefits for adult legal permanent resident aliens who, because they do not meet the federal five-year residency requirement set forth in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), 8 U.S.C. 1601-1646, do not qualify for federally-funded Medicaid benefits.
U.S.C. 1601(3). PRWORA, in part, excludes lawfully admitted permanent resident aliens from receiving any Federal means-tested public benefit for a period of five years following their entry into the United States. 8 U.S.C. 1613(a).
New Jersey responded to PRWORA by excluding legal aliens from the Medicaid program unless they satisfied the Federal five-year residency requirement. In 2005, however, the State deleted the residency requirement in light of findings that limiting State subsidized healthcare coverage had resulted in increased costs for emergency hospital charity care. In 2010, due to a budget crisis, the Senate reinstated the five-year residency requirement for most adult legal aliens, continuing to provide coverage only for legal aliens who were pregnant women or children under the age of nineteen and for existing enrollees receiving on-going life sustaining treatment or treatment for life threatening illnesses. Additionally, per Medicaid Communication 10-01 and N.J.A.C.10:78-3.2, legal resident aliens who did not meet the residency requirement were terminated from enrollment in the NJ FamilyCare Program, a state-funded Medicaid program offering subsidized health insurance to qualifying low-income adults and children.
2 On January 11, 2011, the Appellate Division granted plaintiffs, who are legal resident aliens who have resided in this country for less than five years, leave to file a motion for emergent relief seeking to enjoin the enforcement of the termination of their enrollment in FamilyCare. Plaintiffs contended, in part, that the termination of their benefits violates the equal protection guarantees of the Federal and State Constitutions. On July 12, 2011, the Appellate Division denied plaintiffs motion for a preliminary injunction, Guaman v. Velez, 421 N.J. Super.239 (App. Div. 2011) (Guaman I), and this Court denied plaintiffs motion for leave to appeal.
2 On August 13, 2013, the Appellate Division issued a published opinion affirming the adoption and amendment of the relevant regulations and finding that the challenged policy does not violate either the Federal or State Constitutions. Guaman v. Velez, 432 N.J. Super.230 (2013) (Guaman II). The panel noted that it agreed with the legal analysis in Guaman Iand that the opinions should be read together. It further explained that, although discrimination against aliens ordinarily must be justified under a strict scrutiny standard of review, Congress s broad constitutional power over immigration means that the rational basis standard of review applies to Congressional enactments affecting immigrants and to state enactments authorized by a uniform federal policy. In support of this conclusion, the panel referred to Mathews v. Diaz, 426 U.S.67 (1976), in which the United States Supreme Court reinforced the deference due to Congress s authority over immigration-related benefit issues, noting that, not only may Congress treat aliens differently from citizens, but it may differentiate between different classes of aliens in determining how to distribute welfare benefits. The Court also determined that it is unquestionably reasonable for Congress to base an alien s eligibility on the character and duration of his residence. Likewise, in Plyler v. Doe, 457 U.S.202 (1982), the Court determined that if the Federal Government issued a uniform rule prescribing appropriate standards for the treatment of an alien subclass, states may follow that direction.
Considering the uniform rule doctrine in the context of PRWORA, the Appellate Division panel noted that 8 U.S.C. 1601(7) expresses Congress s finding that important national immigration policy is furthered by state statutes that follow the Federal classification in determining the eligibility of aliens for public assistance. The panel points out that Congress s decision to leave the states some discretion to fund healthcare coverage for non-qualifying aliens does not necessarily mean that it created a non-uniform system. The question, then, is whether this statement of national policy, viewed in light of the overall structure of Medicaid, is sufficiently uniform to constitutionally authorize states to follow Congress s policy choice.
Viewing the uniform rule through a broad lens, the panel determined that when states conclude that they cannot afford to provide state Medicaid or Medicaid-like benefits to aliens, they are implementing Congress s choice that recent immigrants should not unduly burden the public treasury. Moreover, in the face of a congressional decision to cut off funding for a group of aliens, states cannot be required to restore that coverage using solely state funds. Here, there is no dispute that the State opted to exclude legal resident aliens from FamilyCare for solely financial reasons, rather than some invidious discriminatory purpose. Thus, the panel held that the State s action was authorized by PRWORA, falling within the umbrella of the uniform policies articulated in 1601, and that neither the Federal nor State Constitutions bar the State from acting consistent with PRWORA by denying Medicaid benefits to legal aliens who do not meet the five-year residency requirement.
Judge Harris dissented, unable to reconcile the termination of long-provided, state-funded health insurance benefits for thousands of impoverished resident aliens with the principles of equality guaranteed by the Federal and State Constitutions. Specifically, Judge Harris does not agree that the State s residency requirement is immunized by its mirroring of federal objectives, correspondence to an identifiable congressional policy, or harmony with the federal program. Consequently, Judge Harris would deem the regulations unconstitutional and would remand to the trial court to fashion appropriate remedies.
Plaintiffs appealed as of right.
HELD: The judgment of the Appellate Division is AFFIRMED, substantially for the reasons expressed in Judge Reisner s majority opinion.
CHIEF JUSTICE RABNER and JUSTICE ALBIN dissent, substantially for the reasons expressed in Judge Harris s dissenting opinion.
JUSTICES LaVECCHIA, PATTERSON, FERNANDEZ-VINA, and SOLOMON join in this opinion. CHIEF JUSTICE RABNER and JUSTICE ALBIN dissent. JUDGE CUFF (temporarily assigned) did not participate.
SUPREME COURT OF NEW JERSEY

Monday, April 20, 2015

What You Need to Know in New Jersey About Applying for Medical Assistance for the Aged, Blind and Disabled

What You Need to Know About Applying for Medical Assistance for the Aged, Blind and Disabled
When you apply for medical assistance you will be asked to provide documents containing information that can verify both your personal and your financial information. The more documentation you are able to provide the easier it will be to process your application. If some documents are not available, we may be able to verify information through outside sources. However, using outside sources may cause delays in processing your application. The following information explains what documents you will need to apply:
Basic Information:
In order to qualify for Medicaid you must be 65 years old or blind or disabled and either a U.S. Citizen or lawfully admitted for permanent residence (or certain eligible aliens) and a resident of New Jersey. Proof of your marital status is needed along with your spouse’s social security number and date of birth because the resources of your spouse will also be used in determining your financial eligibility. Listed in the columns below are examples of documentation that can assist in the processing of your application. Only one document from each column is needed. Be aware that some documents provide proof for more than one category. For example, a U.S. Passport will prove your age and citizenship and identity. Documents which should be included with your application include but are not limited to:
Age
US Passport Birth Certificate Driver’s License Baptismal Cert. State issued I.D.
Citizenship*
US Passport
Birth Certificate Naturalization Papers Alien Registration Card Final Adoption Decree

Identity*
US Passport Photo License School I.D.
US Military I.D.

Marital Status
Marriage Certificate Divorce Decree Death Certificate Separation Papers
page1image17728 page1image17888 page1image18048 page1image18208
*Consult with your County Welfare Agency to obtain a more detailed list of tiered verifications that can be accepted.
Financial Information:
You must meet certain income criteria and be resource eligible. The income can be earned, (receiving a pay check), or unearned (receiving interest from an investment account). Listed below are examples of documents that can prove how much money you receive each month. Documents showing income include but are not limited to:
Copies of Recent Pay Stubs
Copy of Temporary Disability Check Copy of SSI Check or Award Letter Copy of Unemployment Check or Stub Copies of Dividend Checks

Copy of Social Security Check or Award Letter Copy of VA Benefits Check or Award Letter
Copy of Worker’s Compensation Check or Letter Copy of Support/Alimony Checks or Award Decree Income Statement from Employer.

Verification 11/06 ver8C – DRA Mod.
Available Resources:
You are allowed $2,000/$4,000 in resources, (more if the applicant is married). In order to present the clearest picture of your financial situation, please bring copies of any of the following items:
*Checking Accounts *Money Market Accounts
Certificates of Deposit Retirement Accounts
Life Insurance Trust Shares

*Savings Accounts *Christmas Club Accounts
Annuities
Special Needs Trusts

*Credit Union Shares/Accounts *Vacation Club Accounts
Stocks or Bonds
Copies of Life Insurance Policies with cash value

*The last 3 months of statements or passbook entries for every financial account prior to applying for Medicaid must be provided. In addition, a sampling of 3 months worth of statements or passbook entries for those same accounts - or any closed accounts - for the past 4** or more years should be provided. You may be asked to provide additional statements if there has been a large amount of money removed or transferred from your accounts for any reason.
**The look back period has been increasing monthly from 3 to 5 years beginning March 2009 through February 2011.
Living Expenses:
If you are currently living with your spouse and one of you is applying for nursing home placement through the Medicaid Program, you will need to document your monthly living expenses. Some of the documents that you can provide to show your living expenses include, but are not limited to:
Copies of Rent Receipts Copies of Telephone Bills Copies of Water/Sewer Bills Health Insurance Bills
Copies of Mortgage Statements Copies of Real Estate Tax Bills Copies of Gas/Oil Bills Copies of Electric Bills
Renter Insurance Home Owner Insurance Unpaid Medical Bills Outstanding Loans

In addition to the documentation listed in the categories above please bring any documents that show you have designated a Power of Attorney or a Third Party Signator to help you with your finances. If you are a third party applying for an incapacitated individual, please include any Guardianship documentation.
You may be asked to provide information in addition to that which is listed in this document. The reason additional information may be requested is to insure that the County Welfare Agency has the most complete understanding of your situation as is possible. You will be helping them to provide you with the most suitable care for your circumstances.
Verification 11/06 ver8C – DRA Mod.

Nursing Home and Community Based Waiver Programs Check List
This is the type of information that you will need to bring with you when applying for Medicaid. The more information you are able to provide the faster your Medicaid application can be processed.
1. Proof of Age:
One of the following documents should be provided to verify your age:
US Passport
Birth Certificate Driver’s License Baptismal Certificate Other_____________
2. Proof of Citizenship:
One of the following documents should be provided to verify your citizenship:
US Passport
Birth Certificate Naturalization Papers Alien Registration Card Final Adoption Decree Other________________
3. Identity:
One of the following documents should be provided to verify your identity:
US Passport Photo License School I.D. US Military I.D.
4. Marital Status:
One of the following documents should be provided to verify your marital status: Marriage Certificate Separation Papers Divorce Decree Spouse’s Death
Certificate Other__________
5. Income
In order to verify your Income, please provide copies of all that are applicable:
applicable:
Most recent pay stubs
Social Security Check or Award Letter*
Railroad Retirement Check or Award Letter* Temp. Disability Check or Award Letter*
Pension Checks
Unemployment check stubs
Workers Comp.check stubs
Support/Alimony Checks or Court Order VA check or Award Letter*
Reparation Payments
Payments from Boarders
SSI Award Letter
Dividend Checks
Federal Income Tax Returns
including schedules:
Schedule C – Net Profit from Business Schedule D – Capital Gains
Schedule E – Rental Real Estate
Schedule K-1- Partner’s Share of Income
Other___________________________________ *Award Letter Preferred
6. Financial Resources
To provide the most accurate picture of your Financial Resources, you must provide copies of all that is
page3image22664 page3image22824
Checking Acct. Statements Stocks or Bonds
Amount of Cash on Hand IRA, 401K, 403B, Keogh
Accounts
Money Market Accounts
Deeds to Property Owned Mortgages
Christmas/Vacation Clubs Burial Plot Information
Savings Acct. Statements Certificates of Deposit
List of Valuables (jewelry, Trusts or other Financial
Instruments Annuities
Property Proceeds
Prepaid Funeral Contracts Credit Union Shares
Funds set aside for Burial
Special Needs Trusts
Life Insurance Policies with Cash Value Statement Life Insurance Trust Shares
Other________________________________________
The following Living Expenses will be taken into account if the Medicaid recipient is placed in a nursing facility but the SPOUSE remains living in the community. Please provide copies of the following:
Mortgage Statements
Electric Bills
Telephone Bills
Outstanding Loans
Other_________________ Verification 11/06 ver8C – DRA Mod.
Real Estate Tax Bills
Gas / Oil Bills
Connection Charges
Health Insurance Bills
Other_________________
Rent Receipts
Water / Sewer Bills
Home / Renter’s Insurance
Unpaid Medical Bills (past 3 months) 
source http://www.state.nj.us/humanservices/dmahs/clients/medicaid/abd/abd_what_you_need_to_know.pdf

Friday, April 10, 2015

Wills & Power of Attorney Seminar Piscataway Seniors May 7 (piscataway nj)



Wills & Power of Attorney Seminar Piscataway Seniors May 7 (piscataway nj)

Wills & Power of Attorney Seminar
Piscataway Seniors
May 7 at 7 pm
John F. Kennedy Library, 500 Hoes Ln, Piscataway Township, NJ 08854

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
(Author- Answers to Questions About Probate)

The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2014 changes in Federal Estate and Gift Tax
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Questions and Answer

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Can't attend? We can email you materials Send email to VercammenLaw@Njlaws.com

Free Will Seminars and Speakers Bureau for Groups
10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

Details on the 2 programs currently offered:
1. WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes "Living Will"; Powers of Attorney; $13,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.

Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

SPEAKERS BUREAU
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.

HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS
Chances are many of your members have been in a situation where they could have benefited from legal advice. Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on. That's why Legal Rights Seminars are offered.
This means your members can get advice and possibly prevent legal problems before they occur. Most importantly, they can have peace of mind.

Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems. Therefore, the sooner a solution can be found for the employees' problems, the sooner employees can focus on their work.

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. 

For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen's law office at (732) 572-0500 Send email to VercammenLaw@Njlaws.com or fax 732-572-0030.

Tuesday, April 07, 2015

Wills & Power of Attorney Seminar North Brunswick Seniors April 27

Wills & Power of Attorney Seminar
  North Brunswick Seniors
April 27 at 12:30
North Brunswick Senior Center, 15 Linwood Place, North Brunswick, NJ   08902

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ
                (Author- Answers to Questions About Probate)

     The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills    
2. 2014 changes in Federal Estate and Gift Tax 
3. NJ Inheritance taxes on estates over $675,000
4. Power of Attorney               
5.  Living Will                                  
6.  Administering the Estate/ Probate/Surrogate    
7. Questions and Answer          

      COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

Can’t attend?  We can email you materials Send email to VercammenLaw@Njlaws.com



Free Will Seminars and Speakers Bureau for Groups
         10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

Details on the 2 programs currently offered:
1.  WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND   MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

         All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association.  All programs include free written materials.  
         You don't have to be wealthy or near death to do some thinking about a Will.  Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.
         Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes "Living Will"; Powers of Attorney; $13,000 annual gift tax exclusion,  Bequests to charity, Why you need a "Self-Proving" Will and  Estate Administration/ Probate.
         Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

  SPEAKERS BUREAU
         At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates.  We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.           

         HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS
   Chances are many of your members have been in a situation where they could have benefited from legal advice.  Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on.  That's why Legal Rights Seminars are offered. 
         This means your members can get advice and possibly prevent legal problems before they occur.   Most importantly, they can have peace of mind.
         Americans need an attorney when legal problems strike.  As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money.  For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity.  Employees' work performance often has a direct relationship to personal legal problems.  Therefore, the sooner a solution can be found for the employees' problems, the sooner employees can focus on their work.
         In today's complex world, few people can function successfully and safely without competent legal advice.  In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen’s law office at (732) 572-0500, email VercammenLaw@njlaws.com or fax 732-572-0030.


Monday, March 23, 2015

Nuts & Bolts of Elder Law & Estate Administration Seminar 2015 April 20 5:00 PM- 9:00 PM NJ Law Center

Nuts & Bolts of Elder Law & Estate Administration Seminar  2015
 April 20  5:00 PM- 9:00 PM NJ Law Center
     Includes a 240 + page book, plus CD with sample forms, documents & checklists! and dinner
Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA Municipal Court Practitioner of the Year  Edison, NJ
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
$170.00 General   Tuition, reduced fee for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division
 [Free for Superior Court Judges] Seminar # S159-00S5
NJSBA Member Price is reduced – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
          More details contact New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of 
The New Jersey State Bar Association  Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732) 214-8500 • Fax: (732)249-0383 • CustomerService@njicle.com
         Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You’ll also gain insight on how Federal Medicaid Reform will impact your practice.
Everything you need to know about elder law & estate administration including:

• Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?

• Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms

• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms

• Basic Tax Considerations - Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters

• Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists

• Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency
…and more
        
         NJ CLE INFORMATION: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.6 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.

         Presented in cooperation with the NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division

Materials in 240 page Book provided to all attendees


1 New Client schedule appointment  
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8  AUTHORIZATION FOR RELEASE of Financial Records [NEW DOCUMENT FOR 2015]
9 Referral Out  Another Atty fax
10 No rep
11 Recommend Will to Cl
12 Post WILL
13 Client questionnaire end case
14 POA Grantor Now

ARTICLES
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS article
18 Gay Lesbian No estate planning article
19 Letter of Instruction article
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article

OTHER FORMS & INFORMATION
27 Attorney- Client Confidentiality
28  Pick up Docs
29 Executor to Pay and Notify Creditors   REVISED
30 NJlaws website & articles
31 Trusts
32 Caveat to Will  
33 NJWillsProbateLaw.com
40 INTESTACY Article
41 If no Will article
42 Probate Release Refund Bond
43  Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate  ESTATE
46 WILL - sign front notary
47 Confidentiality Lt to Client
48 Elective Share of Spouse
49 Will Signing
50   ABA Aging and Law Networking Call March 2014 Call Notes
51  WINTER 2014 Estate Planning Probate  Report Solo GP ABA
55 SPRING 2014 Estate Planning Probate  Report Solo GP ABA
56 Free Office Space for Attorney .doc
57 We need email address short

ADDED FOR 2015
Letter of Last Instruction form.doc
RETAINER contested Probate

Additional documents for CD

beni  w release & refunding copy.doc
Cl  w release refund bond copy.doc
Cm Probate_Disc_Rent
CM to switch replace Executor copy.doc
Comp- Remove Exec, account
Complaint Guardianship
Condolences, sympathy new Will
Estate Planning Ques
Guardianship Cert of Legal Fees
Guardianship Judgment
Guardianship Questionnaire
Inherit w L-9 L9
Inherit. Tax Bureau Filing Lt
Med Auth HIPAA no name
Mid Clerk w Deed
Mid Clerk w waiver
Probate Q-Inherit  Quest
Probate RETAINER   ESTATE copy.doc
Probate_cm-OR caveat admit Will
Release and Refunding Bond
Renunciation  Administrat
RENUNCIATION by Beni for Executor
RENUNCIATION by Executor
RETAINER contested Probate

01A Client w_Retainer notPI

Will not signed
Will- Estate Planning-  consult bill
Revocation of Previous Wills and Powers of Attorney
Resume Ken Vercammen

Will forms
1 H US-W & TR Will.doc
1 Wife-w_TR Will.doc

2 dad- Will.doc
2 mom-C  Will.doc
3 Man-Misc Will.doc
3 Woman -Misc Will.doc
4 HUSBAND-NO TR.doc
4 WIFE-NO TR .doc
5 Codicil
5 HUS-Uni. Credit Trust Will.doc
5 WIFE-Uni Credit Trust W.doc
6  Power of Attorney.doc
7 LIVING WILL LW  .doc
8 Child power of attorney.doc
99  If no children and no beni.doc