Legal/Regulatory
Services
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resource information, click "Search for Information" located
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Estate Planning
- Conservatorship
- Guardianship
- Joint Ownership
- Office of the Public Guardian
- Living Trusts
- Revocable Living Trust
- Irrevocable Living Trust
- Living Will or Advance Directive for Health Care
- Power of Attorney/Durable Power of Attorney
Legal Counsel for the Elderly & Disabled
- AARP Legal Services Network
- Community Health Law Project
- Elder Law Attorneys
- Legal Aid
- Organ Donation Agreement
Regulations and Complaints
- Health Care Institutional Licensure
- Adult Protective Service
- Office of the Ombudsman
- Complaints
Estate Planning
Conservatorship
Conservatorship is a term used to designate guardianship that manages
property. The conservator is appointed by the court and can be given
specific or wide-ranging powers. For example, power can range from
the check cashing only to the authority to sell property. Conservatorship
can be used for people who cannot make financial decisions, but
can manage other personal decisions.
Guardianship
Gurardianship is the process by which an individual is appointed
by a court of law to manage a person's financial and/or personal
affairs because the person is not able to, or is not competent to
manage his/her own affairs.
Joint Ownership
People use joint ownership of property for many purposes. Joint
ownership can have positive or negative effects on access to jointly
owned property. The decision should be based on trust in the persons
holding the property jointly, and the needs and intentions of the
parties involved. The joint tenant will become the owner of the
jointly held property when one of the parties dies. Although perhaps
not intended, other family members may be excluded. Should one or
both of the parties enter a later-in-life marriage, the joint ownership
agreement should be evaluated to ensure that there is no conflict
with future distributions of the property.
Office of the Public Guardian (OPGEA)
OPGEA
provides guardianship or conservatorship services of last resort
to adults who are at least 60 years old, and have no willing and
appropriate family member or friend who can serve in that capacity.
The Public Guardian may be appointed as either conservator for competent
adults who require assistance with financial and proprietary affairs,
or as guardian for those deemed mentally incompetent. The OPGEA
provides case management as well as legal and financial management.
Living Trusts
Revocable Living Trust
A revocable living trust allows one to transfer ownership of property
to a separate entity called a trust which is managed according to
the rules established in the trust document for the benefit of the
beneficiaries named in the trust. The trust is managed by a trustee
specified in the agreement. The individual setting up the trust
may serve as a trustee but name someone to take over in the event
that he/she becomes incapacitated, or choose another person to act
as the trustee. A revocable trust allows one to change the terms
or revoke the trust if one changes one’s mind.
Irrevocable Living Trust
Irrevocable living trusts are similar to revocable living trusts,
except that one cannot revoke (that is, change or end) the trust
after it has been established. An irrevocable trust also may provide
savings on the estate taxes, and may prevent the loss of government
benefits for a loved one.
Living Will or Advance Directive for Health Care
An Advance
Directive is a written document that may be used under
certain circumstances to tell others the care one would like to
receive or not receive in the event one becomes incapacitated. A
living will is a form of advance directive.
Power of Attorney or Durable Power of Attorney
In New Jersey, any person of capacity, 18 or older can designate
another person to serve as Power
of Attorney to act on his/her behalf. Power of attorney
can be limited to certain specific responsibilities or it can cover
large general areas of decision-making regarding financial affairs.
It is best to work with an attorney to make the arrangement as precise
but as flexible as needed. The individual does not give up decision-making
power with a signed power of attorney. He/she has simply named an
agent who has the authority to act under circumstances as outlined
in the power of attorney document. Should the individual become
incompetent, the agreement will continue (be durable) unless specifically
prohibited in the original agreement.
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Legal Counsel for the Elderly
AARP Legal Services Network
The AARP
Legal Services Network (LSN) is a member benefit providing
easy access to attorneys across the country who reduce their fees
for AARP members and their spouses.
Community Health Law Project
The Community Health Law Project (CHLP) is a nonprofit advocacy and legal services organization dedicated to serving the needs of low-income people with disabilities and the elderly in New Jersey.
Elder Law Attorneys
An Elder Law Attorney is an attorney who focuses on the legal planning
needs of the older adult. Services may include estate and lifetime
planning, asset protection planning and financial planning.
Legal Aid
Legal
Aid for persons 60 and older who have legal problems
is funded through the AAA's. Assistance is provided in priority
cases, and to those with the greatest social and economic need.
Contact your local AAA
for information.
Organ Donation Agreement
In New Jersey, persons who wish to donate
organs and tissues for medical use or research are
advised to complete the "organ donation" box on the driver's
license renewal form. The designation will then appear on the driver's
license. In addition, an Organ Donor Card is available through the
Commission on Legal and Ethical Problems in the Delivery of Health
Care.
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Regulations and Complaints
Health Care Institutional Licensure
The New Jersey Department of Health and Senior Services, through
Division of Health Facilities Evaluation and Licensing, maintains oversight of regulated acute and long-term care facilities throughout the state. Yearly survey visits and periodic monitoring
visits provide a mechanism by which compliance with both federal
and state regulations are assessed and licenses are renewed.
Adult Protective Services (APS)
APS
includes the 24 hour, 365 day a year capacity to receive reports
of possible adult abuse. The report will either be referred to an
appropriate authority, or investigated to assess the needs presented
by the situation. APS is a service available to New Jersey residents
living in New Jersey who are 18 or older and may be at risk. Contact
the Adult Protective Services (APS) Agency in the local community,
or the AAA
immediately if adult abuse is suspected. One may also call
the Division of Aging and Community Services, Information and Referral
toll free number at 1-800-792-8820.
The Office of the Ombudsman for the Institutionalized Elderly
(OOIE)
The OOIE
receives complaints
made on behalf of people 65 and older and who are consumers of long
term care services. The office works with all parties to resolve
problems, while protecting consumer's privacy, confidentiality and
rights. In addition, the Ombudsman provides information on resident
rights, and oversees ethical decision-making in long term care facilities.
Complaints
Complaint
hotlines are maintained by many programs. The Department
of Health and Senior Services maintains a complaint line, reached
at 1-800-792-9770.
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