The December 2022 edition of New Jersey Lawyer is dedicated to elder law and the legal considerations for aging adults and people with disabilities.
The issue, a publication of the New Jersey State Bar Association, features 10 articles that serve as a road map for attorneys who offer legal advice on issues that arise when helping clients navigate Medicare, estate planning and long-term care facilities.
Everyone deals with mortality differently and some age more gracefully than others, according to Brian R. Lehrer and Lauren I. Mechaly, who served as special editors for the edition.
“The reality of aging and mortality is something few, if anyone, want to face. Regardless of the deeper questions which affect all of us, there are practical considerations that everyone hopes they have the foresight to address,” Lehrer and Mechaly wrote.
The articles featured in the issue include:
• Protecting the Home from Medicaid: Transfer Options and Strategies—By Shana Siegel and Michelle Scanlon
• Overprotected: Can Supported Decision-Making Disrupt the Pipeline from Special Education into Guardianship?—By Beth L. Barnhard
• Nursing Homes and Responsible Party Litigation—Subverting the Prohibition Against Requiring Third-Party Guarantees—Is it Time for the Legislature to Fix the Statute?—By Donald F. Browne Jr.
• Continued Resilience in the Face of Adversity: Exploring Staffing Shortages Facing the Long-Term Care and Skilled Nursing Industry—By Alexis A. Graziano, Kayla Moor and David Drake
• From the Adult System to Long-Term Care: A Comparative Approach to Planning for Aging Adults With Intellectual and Developmental Disabilities—By Crystal West Edwards and Ryann M. Siclari
• Elder Law and Annuities in New Jersey Post-DRA: The Only Game in Town—By Lauren S. Marinaro
• The Impact of the SECURE Act and the Applicable Multi-Beneficiary Trust—By Regina M. Spielberg and Jordan M. Wassel
• Special Needs Settlement Planning: Working With Personal Injury Attorneys—By Shirley Berger Whitenack
• Navigating Prevention of Powers of Attorney Abuse—By Anthony J. Geremonte
• To ABLE or Not to ABLE—That is the Question: Understanding the Intersection of Trusts for the Benefit of People with Disabilities and ABLE Accounts—By Ben Menasha
The full edition of New Jersey Lawyer is available on njsba.com.