What is POLST?

estate planning lawyer Wayne New JerseyOn December 21, 2011, the state of New Jersey, under the authority of then-governor Chris Christie, created the standardized Practitioner Orders for Life-Sustaining Treatment (POLST) form. The state of New Jersey recognized the importance of advanced directives (living wills, in particular) and decided to create a statewide form for individuals to set limitations on life-sustaining treatment in case of incapacitation. Continue reading What is POLST?

Nursing Home Financial Abuse

nursing home abuse lawyers New JerseyElder abuse can take many forms, including physical, sexual, emotional, and financial. In long-term care facilities across the U.S., elders are facing financial abuse in alarming numbers. Nursing home financial abuse is a growing issue in today’s society and is likely to increase as the elderly population continues to grow. As many as one in nine individuals over the age of 60 years old have reported being financially exploited within the last year, according to the National Adult Protective Services Association. Elder financial abuse can cause serious harm to the senior and may result in depression, financial destitution, inability to support long-term care needs, among other effects. Continue reading Nursing Home Financial Abuse

Filing for Bankruptcy in New Jersey

bankruptcy lawyer New JerseyUnfortunately, many individuals across the United States and in the state of New Jersey face extremely difficult financial conditions which significantly affect their way of life. For some, filing for bankruptcy may be the best (or only) option to relieve themselves of their financial burdens. Federal bankruptcy laws allow individuals who qualify to have a fresh start. Continue reading Filing for Bankruptcy in New Jersey

Are You a Millennial? An Estate Plan May Be Right for You

estate planning for millennialsA growing number of millennials are beginning to have children. Yet, the vast majority of this generation does not have advanced directives or a Last Will and Testament in place. Designating a person to make medical and financial decisions on their behalf, and on their child’s behalf, is extremely important in the event he or she becomes incapacitated or dies. Advanced directives include the following:

  • Health Care Proxy;
  • Living Will;
  • HIPPA Release Form; and
  • Power of Attorney.

Continue reading Are You a Millennial? An Estate Plan May Be Right for You

Guardianship Proceedings In New Jersey

guardianship lawyer New Jersey
New Jersey offers multiple forms of guardianship for adults that have limited or total incapacity, most commonly:

  • New Jersey Statutes §3B:12-24.1(a); and
  • New Jersey Statutes §3B:12-24.1(b).

While both of these involve petitioning a court to appoint a guardian to care for the person and/or property of another, there are some differences in the scope of the guardian’s duties and responsibilities. Continue reading Guardianship Proceedings In New Jersey

A Last Will and Testament is Important

estate plan lawyer Wayne New JerseyA Last Will and Testament is a document that memorializes the wishes of the testator. When a person dies without a Will, his or her assets are distributed in accordance with the state laws of intestacy. When this occurs, assets are distributed in a specific order to the decedent’s next of kin, which may not be in accordance with their wishes. Also, a Will may set forth a decedent’s wishes for his or her funeral. Without a Will, a decedent’s wishes for their burial or cremation may not be carried out properly. For these reasons, it is important to execute a valid Will. Continue reading A Last Will and Testament is Important

Summer Is Approaching, so Be Sure to Have Your Advanced Directives in Place

estate plan lawyer Passaic CountyAdvanced directives are documents that enable you to choose a designated individual to make certain important decisions in the event you become incapacitated. Advanced directives include:

Health Care Proxy

A health care proxy designates an agent to make medical decisions in the event a person becomes incapacitated.
Continue reading Summer Is Approaching, so Be Sure to Have Your Advanced Directives in Place

Spring Is Here So Update Your Estate Plan to Reflect Life Changes

estate plan lawyer New JerseyWhether you are looking to create an estate plan for the first time or want to update an existing plan, Spring is an ideal time to meet with an estate planning lawyer to address your current legal needs and protect your legacy for the future. In this article, we have listed a few important areas of your estate plan to review and update as necessary this Spring. Continue reading Spring Is Here So Update Your Estate Plan to Reflect Life Changes

New Jersey’s Proposed Gestational Carrier Agreement Act May Become Law

The topic of parental rights has become more difficult to understand in recent years, as technology and science has developed to bring children into the world in unconventional ways. One of these is by way of gestational carrier, otherwise known as a surrogate. In the 1980s, New Jersey’s Supreme Court ruled that a surrogate has the right to keep the child if she chooses to. At that time, the surrogate was usually the biological mother of the child who donated her egg and agreed to simply carry the child and surrender her rights to the adoptive parent/mother and biological father. Today, though, it is possible for a woman to carry a fetus that she has no biological connection to. This has created an issue in surrogate situations today in that the law has yet to catch up to reproductive science.
Continue reading New Jersey’s Proposed Gestational Carrier Agreement Act May Become Law

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