For Immediate Release
December 5, 2018
Contact: Abby Matienzo, Communications Manager
703-942-5711 #230
NAELA Celebrates Favorable Result in Greenhaven Healthcare and Rehabilitation Center v. Foust
Case Involves Nursing Home Residents’ Right to Retain Homestead Status of Their Home After Nursing Home Admission
Washington, DC — The National Academy of Elder Law Attorneys (NAELA) celebrated a favorable result in Greenhaven Healthcare and Rehabilitation Center v. Foust, which involves the nursing home residents' right to retain their home as "homestead" property after entering a nursing home. This continues the protection of the home, after nursing home admission, from the claims of creditors, who might otherwise force sale during their lifetime. Among other benefits, that may also permit protection of the home under various Medicaid provisions.
The North Carolina Chapter of NAELA (NC NAELA) filed its amicus brief on August 22, 2018. The oral argument was scheduled for November 15, 2018, but the nursing home appellant dropped its appeal on November 2, 2018.
"The NAELA Foundation is committed to advocating for the rights of older Americans and people with special needs. Through the generosity of NAELA members, we were able to provide partial funding for an amicus brief in this important case, which will help make a larger impact on NAELA state chapter members and their clients," said NAELA Foundation Chair Stuart D. Zimring, Esq., CAP, NAELA Fellow.
NC NAELA took the lead in preparing the amicus brief and assembling co-signors, including Disability Rights North Carolina, North Carolina Regional Long-Term Care Ombudsmen Association and Corporation of Guardianship. The NAELA Foundation and NC NAELA each provided half the funding for the amicus brief.
About NAELA
Members of the National Academy of Elder Law Attorneys (NAELA) are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities. Upon joining, NAELA member attorneys agree to adhere to the NAELA Aspirational Standards. Established in 1987, NAELA is a non-profit association that assists lawyers, bar organizations, and others. The mission of the National Academy of Elder Law Attorneys is educate, inspire, serve, and provide community to attorneys with practices in elder and special needs law. NAELA currently has members across the United States, Canada, Australia, and the United Kingdom. For more information, visit NAELA.org, or to locate a NAELA member attorney in your area, visit NAELA.org/FindLawyer.
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