Posts Tagged ‘elder law attorney’

National Report Says States Have Ability to Curb Power of Attorney (POA) Abuse

Friday, April 17th, 2009

Fredrick P. Niemann, Esq., a Power of Attorney Lawyer

The misuse of powers of attorney to exploit the elderly appears to be on the rise, but a new AARP report says that states can improve protections for older people by adopting a model law that addresses this type of abuse.

For most people, the power of attorney is the most important estate planning instrument — even more useful than a will. A power of attorney (POA) allows an individual to name a trusted person — their agent — to make financial decisions for them if they ever become incapacitated.

But while a POA avoids the costly and time-consuming process of having a court appoint a guardian or conservator, it also confers a great deal of authority on the agent. This is why advocates for the elderly often call the POA a “license to steal.” Increasingly, it seems, dishonest agents have been taking advantage of this license. AARP says that adult protective services and criminal justice professionals are reporting “an explosion” of financial exploitation cases of this type against the elderly.

Powers of attorney are regulated by state law and most states lack adequate safeguards, AARP contends; not New Jersey however. “New Jersey has strong fiduciary laws that are readily enforceable by the courts” says Fredrick P. Niemann, an elder law attorney in Freehold, Monmouth County, New Jersey.  New Jersey has laws on Powers of Attorney to offer help to protect people who execute POAs and discourage POA abuse. “There are stringent requirements for agents to exercise certain powers, as well as provisions making malfeasant agents liable for damages, attorney’s fees and costs”, says Niemann.

The AARP report, “Power of Attorney Abuse: What States Can Do About It,” compiled by the American Bar Association Commission on Law and Aging under contract to AARP.

For further information and advice on Powers of Attorney, do not hesitate to contact Fredrick P. Niemann at 732-863-9900 Ext. 101 or 105, or fniemann@hnlawfirm.com.

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Where has or will Mr. Niemann be speaking on topics of interest to you

Wednesday, January 28th, 2009

Fredrick P. Niemann, Esq. was recently the featured speaker in Colts Neck, NJ at a seminar entitled Investments & Estate Planning for Trusts and Wills for High Net Worth Individuals.  He spoke on the current state of federal and NJ tax laws and how to protect family assets from catastrophic illness.

If you would like Mr. Niemann to speak before your group or to your facility staff, please contact him at fniemann@hnlawfirm.com or 732-863-9900.  We can create an interesting, informative and customized seminar complete with PowerPoint presentation on many topics of interest to your organization.

PLEASE CONTACT FACILITY 24 HOURS IN ADVANCE TO CONFIRM.

UPCOMING SEMINARS

2009

Powers of Attorney and Advance Directives
January 26th at 6:00 pm
Open to Hospital Staff
Seminar Location: Jersey Shore A Team  
71 Davis Avenue, Neptune 07753
(732)-776-4700

Veterans Benefit Aid and Attendance
January 15th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

Powers of Attorney and Advance Directives
February 2nd 12:00 pm to 1:30 pm
Open to all
Seminar Location:  Jersey Shore Medical Center
1945 State Highway 33, Neptune, NJ  07753
(732) 775-5500

Veterans Benefit Aid and Attendance
March 4th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Veterans Benefit Aid and Attendance
March 12th at 6:00 pm
Open to all
Seminar Location:  Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

Veterans Benefit Aid and Attendance
April 2nd at 2:00 pm
Open to all
Seminar Location:  Care One King James
1040 Hwy 36, Atlantic Highlands, NJ 07716
(732) 291-3400

Veterans Benefit Aid and Attendance
April 7th at 6:30 pm
Open to all
Seminar Location:  Brandywine of Brick the Gables
515 Jack Martin Boulevard, Brick, NJ 08723
(732) 836-1400

CEU Program Veterans Aid and Attendance
April 23rd at 8:30 am
Social Work Staff CEU Program
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Veterans Benefit Aid and Attendance
April 30th at 4:00 pm
Open to all
Seminar Location:  Seabrook Village
3000 Essex Road, Tinton Falls, NJ  07724
(732) 643-1200

Navigating Your Senior Years
Also speaking: Care Alternatives Hospice, Synergy Home Care,
and Primerica Financial Services
May 12th at 6:00 pm
Open to all
Seminar Location:  Care One   
188 Route 34, Holmdel, NJ 07733
(732) 946-4200

Veterans Benefit Aid and Attendance
May 14th at 4:30 pm
Open to all
Seminar Location:  Brandywine Assisted Living at Governor’s Crossing   
49 LaSatta Ave., Englishtown, NJ 07726
(732) 786-1000

Hidden Secrets of VA Benefits
May 20th at 6:30 pm
Open to all
Seminar Location:  The Willows Assisted Living
713 North Beers Street, Holmdel, NJ 07733
(732) 335-6405

Estate Planning
June 2nd at 6:00 pm
Open to all
Seminar Location: Care One at Jackson
11 History Lane, Jackson, NJ 08527
(732) 367-6600

Veterans Benefit Aid and Attendance
June 9th at 6:30 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ 07738
(877) 605-7130

CEU Program Veterans Aid and Attendance
June 11th at 4:30 pm
Social Work Staff CEU Program
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

Hidden Secrets of VA Benefits
June 18th at 2:00 pm
Open to all
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

Hidden Secrets of VA Benefits
June 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Monmouth Medical Center
300 Second Avenue, Long Branch, NJ  07740
(732) 928-5600

Veterans Benefit Aid and Attendance
July 7th at 1:00 pm
Open to all
Seminar Location:  Bella Terra   
Two Kathleen Drive, Jackson, NJ 08527
(732) 730-9500

Veterans Benefit Aid and Attendance
July 15th at 11:15 am
Open to all
Seminar Location:  Freehold Township Senior Center
116 Jackson Mills Road, Freehold, NJ  07728
(732) 294-2029

CEU Program Veterans Aid and Attendance
July 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Waterford Glen Assisted Living
2021 Highway 35, Wall, NJ 07719
(732) 282-1910

Hidden Secrets of VA Benefits
September 10th from 4:30 pm – 6:00 pm
Open to all
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ 07719
(732) 974-7666

Hidden Secrets of VA Benefits
November 11th at 8:00 am
Open to all
Seminar Location:  Wedgewood Gardens
3419 Route 9 North, Freehold, NJ 07728
(732) 677-1200

2008
Disability Trusts and Benefits
December 11, 2008 at 10:00 am to 10:45 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

Veterans Aid and Attendance
November 18th at 7:30 pm
Matawan VFW
Cheesquake Adult Community Recreation Center
33 Galewood Drive
Matawan, NJ  07747

Estate Planning
November 13th at 2:00 pm
Open to all – RSVP by November 10th
Brandywine Assisted Living
100 Meridian Place
Howell, NJ  07731
(732) 719-0100

Medicaid and Asset Protection When Your
Clients Get Sick and Face a Nursing Home
November 11th at 10:00 am
John Hancock Agency
2520 Highway 35, Suite 105
Manasquan, NJ  08736
(732) 528-3822

Healthcare Association of NJ Nursing Homes Annual Convention
October 28th – 29th
Open to Healthcare Association Members
1000 Boardwalk at Virginia Avenue
Atlantic City, NJ 08401
(609) 449-1000

Powers of Attorney and Advance Directives
October 23, 2008 at 9:00 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

VA Benefit Aid and Attendance
October 14th at 6:30 pm
Open to all
Wynnewood at Forsgate
380 Forsgate Drive
Monroe, NJ 08831
609-409-7525

Medicaid and the Changes for 2009
October 2nd at 2:00 pm
Open to all
The Chelsea at Manalapan
445 Route 9 South
Manalapan, NJ 07726
(732) 972-6200

VA Benefit Aid and Attendance
September 11th at 10:00 am
Open to all
Sunrise of Jackson
390 N County Line Road
Jackson, NJ 08527
(732) 928-5600

How to Pay For Assisted Living without Going Broke
August 14th at 7:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

VA Benefit Aid and Attendance
June 10th at 6:30 pm   
Open to all 
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

VA Benefit Aid and Attendance
Apr 17th at 3:00 pm
Open to all    
Seminar Location:  Brighton Gardens
620 State Highway, 35 South, Middletown, NJ
(732) 275-0790

VA Benefit Aid and Attendance  
Mar 13th at 5:00 pm – 7:00 pm 
Open to community 
Seminar Location:  Kensington Court
864 Shrewsbury Avenue, Tinton Falls, NJ   07724
(732) 784-2400

Wills/Probate 
Feb 7th at 1:00 pm 
Open to residents 
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ  07719
(732) 974-7666

Estate Planning and Asset Protection
Jan. 23rd at 2:00 pm
Open to community 
Seminar Location:  Chelsea Rest Home
352 Chelsea Avenue, Long Branch, NJ 07740
(732) 222-8125

VA Benefit Aid and Attendance
Jan 16th at 6:30 pm    
Seminar Location: 
Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

2007
VA Benefit Aid and Attendance
Dec 19th at 11:00 am
Seminar Location:  The Wexford Assisted Living
2018 Highway 35, Spring Lake, NJ 07762

Mercer County Bar Association 
Topic:  Special Needs Trust,  
Guardianship, Living Wills & More
Nov 28th at 9:00 am 
Seminar Location:  Marriott Princeton Hotel
100 College Road East, Princeton, NJ 08540
RECENTLY ATTENDED PROGRAMS BY MR. NIEMANN

2008
Probate Symposium
NJSBA
Mar 13th
New Brunswick, NJ

NAELA Unprogram
Jan 25 – Jan 27
Grapevine, TX

2007
Mercer County Bar Association
Special Needs Trust, Guardianship,
Living Wills & More
Nov 28th
Princeton, NJ

NAELA Convention
Nov 1 – Nov 4
Memphis, TN

MPS Systems Boot Camp
Oct 24 – Oct 25
Orlando, FL

Veterans Benefit Institute
Sep 2007
Chicago, IL

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ATTENTION SENIORS October 15, 2008

Friday, November 7th, 2008

Medicare Enrollment Starts November 15, 2008
If you work with individuals over the age of 65, you may be getting phone calls requesting help with Medicare questions. It’s that time, once again, to make changes to Medicare options. According to CMS, which is the government entity that oversees Medicare, the six weeks from November 15, 2008 through December 31, 2008 is a hectic time of the year otherwise known as the Annual Election Period (AEP.) Once a year, Medicare allows enrollees to opt in or out of Medicare Part D and Medicare Part C — otherwise know as Medicare Advantage Plans. Before we get into what that means, some background is in order.

Medicare consists of four parts — Part A, Part B, Part C and part D. The majority of Medicare enrollees have Part A and Part B. In addition they may have an employer-sponsored supplement or a Medigap policy to go along with Part A and Part B. The fourth part of Medicare is Part D or prescription drug coverage. Most people think that the “D” in Part D is because of the word “drugs.” Actually it’s because there is a Part C. Part C is the Medicare Advantage program. It was started in 2003 as part of the Medicare Modernization Act — the same Act that created the Medicare Part D prescription drug coverage. Medicare Advantage Plans have been around for some time. Before 2003 they were known as Medicare + Choice Plans. With Medicare Advantage, Medicare pays a private insurance company to take over and administer someone’s Medicare benefits. That person is still a part of the Medicare system. He or she doesn’t leave the system. A person is simply now receiving his or her benefits from a Private company not the Government.

Medicare will be getting a massive stack of mail over the next few months.  From November 15, 2008 through December 31, 2008, those eligible for Medicare have the option to change existing Medicare Advantage Plans and/or Medicare Part D. This period is called the Annual Election Period or AEP.

There is also another period of time from January 1, 2009 through March 31, 2009 that is called the Open Enrollment Period or OEP. During OEP, a person can enroll in Advantage but cannot change Part D status, meaning if there is just a Part D, a change or cancellation to the drug Plan cannot occur at this time. If there is a Medicare Advantage Plan which includes Prescription Drug Coverage (MAPD), a change can be made by purchasing another MAPD. Or, if there is just prescription coverage, an MAPD can be purchased. Going the other direction from an MAPD to prescription coverage only, is not allowed.

On April 1, 2009 and thereafter, Medicare institutes a lock-in period. During this time, no changes to drug coverage or an MAPD are allowed. As with most government programs there are a few exceptions to the rule. If a person has moved out of the area the plan operates in, or if a person becomes a resident in any long term care facility, or if a person involuntarily loses coverage, that person can enroll for new coverage under a Special Election Period or SEP. Finally, most people who are eligible for or who are on Medicaid can change coverage whenever they choose.

So why the big deal? Why does someone need to be aware each year of what is going on? The reason is the insurance companies that sponsor the Medicare Advantage and the Part D Plans have the option to change what they offer each year. Changes may come as a result of directives from Medicare, from previous years’ claims experience, or from a multitude of other issues. Asking 10 people if there are pending changes to the plans they are in will result in 9 of them replying they have received notice of adjustments or premium changes. However, not all changes are for the worse. There are some instances where the plans have gotten better. Nevertheless, from year to year most plans will have changes. Sometimes a plan may pull out of an area thus forcing an individual to make an unwanted change.

Medicare allows the Advantage companies to start marketing their plans to the public on October 1 and the companies can release information on intended changes to existing plans. For any pending changes, a beneficiary should receive an Annual Notice of Change (ANOC.) Most people will receive this document in November. People need to take the time to review changes. They need to be aware of the plan they are in and the benefits it provides when they might need to use the coverage.

Medicare Advantage Plans can be a great fit for many Medicare enrollees. As with anything, one size does not fit all. During the six-week period when changes can be made, people owe it to themselves to evaluate their options. In the past, many Advantage Plan companies made a big push during this change period to move people out of existing plans and into new ones. Medicare has changed the rules on how companies can induce people to change. In the past, seniors were invited to attend presentations where they received free meals as an inducement to attend. Starting in 2009, only snacks can be provided. Preliminary indications are that pie and coffee are on the menu. Personally we like Pecan pie and free pie is good pie.

On the National Care Planning Council website, at www.longtermcarelink.net, is a link to all medicare approved advantage plans in every state. All the plans listed in an area can be found there. Finally, those people who need help or who are facing changes should contact Ms. Kim Wellington, Director of Community Outreach at Hanlon Niemann at kwellington@hnlawfirm.com, or Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com.

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