NJSBA Family Law Section

Situation: Relative seeks guardianship of children.  Given the case facts she and her husband will qualify.  The children's father, who currently has custody, is unemployed, has "issues" and receives Medicaid; so the children currently have Medicaid benefits through dad, most importantly, the healthcare insurance.  (Mom lives out of state and has no money for child support.)

Question: The relative is concerned about the cost of healthcare insurance for the children.  Post-guardianship appointment, can the children still receive Medicaid benefits, particularly the health insurance coverage?

Thank you.

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Shelley J. Pedersen, Esq.
Jamesburg, NJ 08831
(732) 641-2069

[email protected]
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Dad is agreeing to this?

Carol A. Weil, RN, JD
Attorney at Law
1405 Chews Landing Rd., Ste. 8
Laurel Springs, NJ 08021
(856) 352-0050Fax: (856) 352-0276


Original Message------

Situation: Relative seeks guardianship of children.  Given the case facts she and her husband will qualify.  The children's father, who currently has custody, is unemployed, has "issues" and receives Medicaid; so the children currently have Medicaid benefits through dad, most importantly, the healthcare insurance.  (Mom lives out of state and has no money for child support.)

Question: The relative is concerned about the cost of healthcare insurance for the children.  Post-guardianship appointment, can the children still receive Medicaid benefits, particularly the health insurance coverage?

Thank you.

------------------------------
Shelley J. Pedersen, Esq.
Jamesburg, NJ 08831
(732) 641-2069

[email protected]
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Yes, dad and mom executed Guardianship Consent forms.  My question only relates to the children maintaining the insurance associated with Medicaid.

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Shelley J. Pedersen, Esq.
Jamesburg NJ
(732) 641-2069
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Original Message:
Sent: 08-06-2015 17:48
From: Carol Weil
Subject: Maintaining Medicaid post-guardianship

Dad is agreeing to this?

Carol A. Weil, RN, JD
Attorney at Law
1405 Chews Landing Rd., Ste. 8
Laurel Springs, NJ 08021
(856) 352-0050Fax: (856) 352-0276

Hi, Shelley:

I'm not sure if you got the answer to your question, but if this is Kinship Legal Guardianship, the biological parent retains the obligation to pay child support and the appointment of a kinship legal guardian does not limit or terminate any rights or benefits derived from the child's parents, including, but not limited to, those relating to inheritance or eligibility for benefits or insurance.  N.J.S.A. 3B12A-4.

Clara
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Law Office of
Clara S. Licata, Esq.
55 Harristown Rd.
Suite 302
Glen Rock, NJ 07452
201-612-1170
Fax 201-612-1179
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Original Message:
Sent: 08-06-2015 14:10
From: Shelley Pedersen
Subject: Maintaining Medicaid post-guardianship

Situation: Relative seeks guardianship of children.  Given the case facts she and her husband will qualify.  The children's father, who currently has custody, is unemployed, has "issues" and receives Medicaid; so the children currently have Medicaid benefits through dad, most importantly, the healthcare insurance.  (Mom lives out of state and has no money for child support.)

Question: The relative is concerned about the cost of healthcare insurance for the children.  Post-guardianship appointment, can the children still receive Medicaid benefits, particularly the health insurance coverage?

Thank you.

------------------------------
Shelley J. Pedersen, Esq.
Jamesburg, NJ 08831
(732) 641-2069

[email protected]
------------------------------