Attorney Profile

John W. Callinan

John Callinan

Attorney at Law
2052 Highway 35, Suite 103
Wall, NJ 07719

Wall

New Jersey (NJ)

T: 732-974-8898
F: 732-974-8848

Practice Areas

Elder Law

Selected To

• New Jersey Super Lawyers 2012
• New Jersey Super Lawyers 2011

Profile

Attorney John W. Callinan is one of only 50 attorneys in New Jersey who is certified as an elder law attorney by the National Elder Law Foundation as accredited by the American Bar Association. He is the principal in the Law Offices of John W. Callinan with offices in Middletown, Jamesburg and Wall, New Jersey.

Mr. Callinan limits his practice to matters concerning elder law and estate planning. Specifically, he provides guidance on matters that include creating or updating estate plans, qualifying for Medicaid while protecting an estate’s assets, establishing guardianships, appropriately designating powers of attorney and other topics related to estate planning and asset protection.

Lawyer John Callinan has authored numerous publications that address questions and concerns people have about estate planning and writes a regular column in the New Jersey Courier.

Mr. Callinan has lectured extensively to laypeople and his legal peers on issues involving elder law, including Medicaid planning, trusts and powers of attorney. He teaches classes for the New Jersey Institute of Continuing Legal Education and the National Academy of Elder Law Attorneys.

Mr. Callinan is a member of the Council of Advanced Practitioners (CAP) of the National Academy of Elder Law Attorneys.  Membership is CAP is limited to those individual who have practiced elder law for 10 years or more, who are Certified Elder Law Attorneys, who maintain a prominent peer review rating of AV through Martindale-Hubbell, and who are selected by their peers.  CAP membership is limited to those who in the opinion of other members are innovators int he field of elder law.

He has earned distinctions that include:

National Academy of Elder Law Attorneys (New Jersey chapter) Most Outstanding Member, Five Star Wealth Manager

Inclusion in the 2011 Super Lawyers listing in New Jersey.

About John Callinan

Law School: Rutgers School of Law - Camden

Admitted: 1993, New Jersey

Professional Webpage: www.eldercarelawyer.com/about-us.html

Honors and Awards:

  • Five Star Wealth Manager
  • Most Outstanding Member, National Academy of Elder Law Attorneys (NJ Chapter), 2010
  • The Distinguished Service Award is given to members of the bar in recognition and appreciation for outstanding advocacy and service to New Jersey's seniors, those with disabilities, and the legal profession, Distinguished Service Award, New Jersey Bar Association, Elder and Disability Law Section, 2011

Special Licenses/Certifications:

  • Certified Elder Law Attorney, as certified by the National Elder Law Foundation, as approved by the American Bar Association, 2005

Bar/Professional Activity:

  • National Academy of Elder Law Attorneys
  • New Jersey State Bar Association, Elder Law Section, Member
  • Federal District Court of New Jersey
  • Pennsylvania
  • New Jersey
  • Roundtable Coordinator, New Jersey Bar Association, Elder and Disability Law Section, 2009

Pro bono/Community Service:

  • Board Member of the Monmouth County Mental Health Association, 2009

Scholarly Lectures and Writings:

  • Courier Newspaper, Weekly Columnist
  • Encyclopedia of Retirement and Finance, Auspices of the Institute of Socio-Financial Studies, Contributing Author
  • Teaches classes for the New Jersey Institute of Continuing Legal Education and the National Academy of Elder Law Attorneys
  • Litigating a Medicaid case before the Office of Administrative Law, Elder Law Retreat, New Jersey Institute Of Continuing Legal Education, 2009
  • Discussion of recent trends in Medicaid planning, Elder Law Symposium, New Jersey Institute Of Continuing Legal Education, 2009
  • Panel Member discussing the use of promissory notes as a Medicaid planning technique, National Academy of Elder Law Attorneys Annual Meeting, National Academy Of Elder Law Attorneys, 2009
  • Panel Member on a discussion about litigating Medicaid claims in Federal Court, Speaker, Elder Law Retreat, New Jersey Institute Of Legal Education, 2010

Verdicts and Settlements:

  • Frugard v. Velez. federal district court case before Chief Judge Garrett Brown concerning the Medicaid Act's transfer of asset rules in the context of Medicaid waiver programs (programs that pay for care at home or in an assisted living residence, as opposed to care in a nursing home). The state of New Jersey enacted a policy that resulted in a transfer of any sum of money within the five year lookback period resulting in a period of ineligibility for a Medicaid waiver program of five years. I initiated suit to compel the state to assess a penalty period against waiver applicants who made transfers of assets during the lockback period, which would permit an applicant to transfer assets within the lookback period and suffer a proportionate penalty period. Result: permanent injunction against the state on summary judgment compelling the state to impose penalty periods for asset transfers that are proportionate to the amount of money transferred, 2009
  • Sorber v. Velez. Federal lawsuit against the state of New Jersey. The state refused to honor a provision of the Medicaid Act that permits outright transfers of assets to disabled children to be exempted from the transfer of asset pently provisions of the Medicaid Act. Result. Preliminary Injunction which precipitated settlement resulting in a change of policy in favor of the elderly and disabled., 2009
  • Sable v. Velez. A decision of the United States Court of Appeals for the Third Circuit holding that a bona fide, negotiable promissory note cannot, as a matter of law, be analyzed as a trust-like device and that the purpose for which the lender entered the promissory note transaction is irrelevant to the laws governing the Medicaid program. This is a groundbreaking decision that permits a common Medicaid planning technique to proceed, not only in New Jersey but in Pennsylvania and Delaware, all of which are under the authority of the Third Circuit, 2010

Educational Background:

  • Rutgers University, B.A. Psychology, 1990

Disclaimer

No aspect of this advertisement has been approved by the New Jersey Supreme Court.

Call me at 732-974-8898

To: John W. Callinan

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