John W. Callinan

Attorney Profile

Top Rated Elder Law Attorney in Wall Township, NJ

Attorney at Law
 | 2052 Highway 35, Suite 103
Wall Township, NJ 07719
Phone: 732-974-8898
Selected to Super Lawyers: 2011 - 2017
Licensed Since: 1993
Practice Areas:
  • Elder Law

Disclaimer

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.

Attorney 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 Super Lawyers listing in New Jersey for 2011, 2012, 2013, and 2014.  Selected to the Top 100 Lawyer list in 2014.

 
Practice Areas
Lawyer Practice Area Pie Chart

Elder Law (100%)

Selections

Selected to Super Lawyers for 7 yearsbottom-image

Super Lawyers: 2011 - 2017

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About John Callinan

Admitted: 1993, New Jersey

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

Honors and Awards:

  • Awarded to the top 7% of Wealth Managers in the state of New Jersey, Five Star Wealth Manager, 2013
  • Awarded to the top 7% of wealth managers in the state of New Jersey, Five Star Wealth Manager, 2011
  • 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
  • Most Outstanding Member, National Academy of Elder Law Attorneys (NJ Chapter), 2010

Special Licenses/Certifications:

  • recertified as a Certified Elder Law Attorney by the National Elder Law Foundation, as approved by the American Bar Association, 2010
  • Certified Elder Law Attorney, as certified by the National Elder Law Foundation, as approved by the American Bar Association, 2005

Bar/Professional Activity:

  • Chair, Elder and Disability Law Section of the New Jersey State Bar Association, 2013
  • Roundtable Coordinator, New Jersey Bar Association, Elder and Disability Law Section, 2009
  • member, Council of Advanced Practitioners of the National Academy of Elder Law Attorneys
  • admitted before the United States Third Circuit Court of Appeals
  • admitted to practice before the Federal District Court of New Jersey
  • member, National Academy of Elder Law Attorneys
  • New Jersey State Bar Association, Elder Law Section, Member
  • Pennsylvania
  • New Jersey

Pro bono/Community Service:

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

Scholarly Lectures and Writings:

  • Panel Member on a discussion about litigating Medicaid claims in Federal Court, Speaker, Elder Law Retreat, New Jersey Institute Of Legal Education, 2010
  • 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
  • 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

Verdicts and Settlements:

  • LaFevere v. Velez.  Federal district court lawsuit that resulted in the state of New Jersey revising the statewide divsior number used to calculate penalty periods for institutional level Medicaid benefits when an applicant has made an uncompenstated asset transfer during the lookback period. This case has statewide impact and has resulted in the State, for the first time, using a divisor figure that accurately reflects the cost of care in the state of New Jersey, as required by federal law. , 2013
  • 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
  • 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

Educational Background:

  • Rutgers School of Law--Camden; JD with Honors, 1993
  • Rutgers University, B.A. Psychology, 1990
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Office Location for John W. Callinan

2052 Highway 35
Suite 103
Wall Township, NJ 07719

Phone: 732-974-8898

 

John W. Callinan:

Last Updated: 10/21/2016

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