In 1993, Congress enacted Section 1917(d)(4)(A) of the Social Security Act, authorizing the establishment of special needs trusts (also called first-party trusts and self-settled trusts). First-party special needs trusts enable disabled individuals to set aside their funds to pay for supplemental care while enabling those individuals to remain eligible for government benefits. See 42 U.S.C.
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New Jersey Court Holds Financial Institutions are Not Required to Report Suspected Elder Fraud
By Christopher P. Massaro & Jenny Flom on
Posted in Estate Planning
In a case of first impression, the Superior Court of New Jersey held that financial institutions do not have an affirmative duty to report suspected fraud upon senior citizens or vulnerable individuals. See Lucca v. Wells Fargo Bank, N.A., 441 N.J. Super. 301, 315 (Law Div. 2015). In Lucca, an 82-year old woman…
New Jersey Court Exceeded Its Authority in Determining Future Medicaid Eligibility
By Jenny Flom on
Posted in Uncategorized
A recent New Jersey Appellate Division opinion determined the limits of a lower court’s jurisdiction with respect to deciding Medicaid eligibility. The Appellate Division in In re A.N., 430 N.J. Super. 235 (2013), found that the Chancery Division exceeded its jurisdiction in making a Medicaid eligibility determination, holding that only the Division of Medical…