Very often the elder law attorney will be faced with a situation in which an individual who is competent and needs nursing home care resides in a state other than New Jersey. The family is considering whether the individual should go into a nursing home in the other state or should go into a nursing home in New Jersey.
Although the cardinal rule is that the decision should be made with respect to what is best for the parent, such decision may be made with reference to the law in both states.
It is my opinion that an attorney should not practice elder law in two jurisdictions as the law changes day to day in almost every jurisdiction. Therefore, I would recommend that the competent parent be on a conference call between the attorneys from two jurisdictions.
The attorneys from each jurisdiction should advise as to how Medicaid works in each of the jurisdictions and let the family decide which jurisdiction is appropriate.
An attorney rendering such advice who is licensed in only one jurisdiction, could be acting criminally for giving advice in the other jurisdiction. Also keep in mind, that if the person is incompetent, a change in jurisdiction would be impossible as the individual could not form domiciliary intent.
Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© January 2012, Post 181
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