John W. Callinan
Top rated Elder Law attorney in Sea Girt, New Jersey
Law Offices of John W. Callinan
Practice areas: Elder Law, Estate Planning & Probate; view more
Licensed in New Jersey since: 1993
Education: Rutgers School of Law - Camden
Selected to Super Lawyers: 2011 - 2025 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.
Call today:
732-416-4224
Law Offices of John W. Callinan
2130 Highway 35 NorthSuite 324B, Bldg. C
Sea Girt, NJ 08750 Visit website
Details
John W. Callinan is a highly accomplished elder law attorney, certified by the National Elder Law Foundation through accreditation from the American Bar Association. He operates the Law Offices of John W. Callinan, with offices located in Wall Township and Middletown, New Jersey. Serving Central New Jersey, Monmouth and Ocean counties, Mr. Callinan primarily practices in the field of elder law, focusing on areas such as:
- Elder care guardianships
- Living wills and trusts
- Planning for children with disabilities
- Medicaid planning
- Estate planning
- Powers of attorney
- Nursing home abuse
Mr. Callinan's educational background includes a Bachelor of Arts in psychology from Rutgers, The State University of New Jersey, which he earned in 1990, and a Juris Doctor with honors from Rutgers Law School, Camden, in 1993. He is admitted to practice law in both New Jersey and Pennsylvania, along with admission to the New Jersey federal district courts and the United States Court of Appeals for the 3rd Circuit.
Having clerked for the Honorable Patricia Del Bueno Cleary, P.J.Ch., Mr. Callinan's concentrated practice in elder law commenced in 2000. His significant contributions to the field led to his membership in the Council of Advanced Practitioners (CAP) of the National Academy of Elder Law Attorneys (NAELA). CAP membership, limited to long-standing NAELA members with an AV* peer-review rating through Martindale-Hubbell and certified elder law attorneys, is an exclusive recognition that highlights Mr. Callinan's innovative role in elder law.
Throughout his career, Mr. Callinan has received numerous accolades, including a “Superb” Avvo rating and being named the most outstanding member of the NAELA, New Jersey Chapter, in 2010. His exemplary service to seniors, individuals with disabilities and the legal profession earned him the Distinguished Service Award from the New Jersey State Bar Association, Elder and Disability Law Section.
Moreover, Mr. Callinan is a renowned author in the field, having penned the leading book on elder law in New Jersey, titled "New Jersey Elder Law: A Resource and Planning Guide." He frequently lectures on elder law topics to both the general public and fellow professionals.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.
Office Locations
Wall
2130 Highway 35
Building C, Suite 324B
Phone: (732) 974-8898
Fax: (732) 974-8848
Middletown Office
1650 Highway 35 South
Middletown, NJ 07748
Phone: (732) 706-8008
Fax: (732) 974-8848
Please call the office at 732-974-8898 to make an in person appointment for a low consultation fee.
Practice areas
Elder Law, Estate Planning & ProbateFocus areas
Estate Planning, Guardianships & Conservatorships, Living Wills, Probate & Estate Administration, Trusts, Wills
- 60% Elder Law
- 40% Estate Planning & Probate
First Admitted: 1993, New Jersey
Professional Webpage: https://www.eldercarelawyer.com/about-us/
- Pennsylvania
- Member, National Academy of Elder Law Attorneys
- Member, Council of Advanced Practitioners of the National Academy of Elder Law Attorneys
- New Jersey
- New Jersey State Bar Association, Elder Law Section, Member
- Admitted before the United States Third Circuit Court of Appeals
- Roundtable Coordinator, New Jersey Bar Association, Elder and Disability Law Section, 2009
- Admitted to practice before the Federal District Court of New Jersey
- Chair, Elder and Disability Law Section of the New Jersey State Bar Association, 2013
- 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
- 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
- LaFevere v. Velez. Federal district court lawsuit that resulted in the state of New Jersey revising the statewide divisor number used to calculate penalty periods for institutional level Medicaid benefits when an applicant has made an uncompensated 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
- 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
- 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
- Board Member of the Monmouth County Mental Health Association, 2009
- Most Outstanding Member, National Academy of Elder Law Attorneys (NJ Chapter), 2010
- Recipient of the Super Lawyer Award, Elder Law 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 & 2022
- Top 100 lawyer in the State of New Jersey 2014, 2015 by Super Lawyers
- 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
- Awarded to the top 7% of wealth managers in the state of New Jersey, Five Star Wealth Manager, 2011
- Awarded to the top 7% of Wealth Managers in the state of New Jersey, Five Star Wealth Manager, 2013
- Rutgers University, B.A. Psychology, 1990
- Panel Member on a discussion about litigating Medicaid claims in Federal Court, Speaker, Elder Law Retreat, New Jersey Institute Of Legal Education, 2010
- 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
- Discussion of recent trends in Medicaid planning, Elder Law Symposium, New Jersey Institute Of Continuing Legal Education, 2009
- Litigating a Medicaid case before the Office of Administrative Law, Elder Law Retreat, New Jersey Institute Of Continuing Legal Education, 2009
- Teaches classes for the New Jersey Institute of Continuing Legal Education and the National Academy of Elder Law Attorneys
- Encyclopedia of Retirement and Finance, Auspices of the Institute of Socio-Financial Studies, Contributing Author
- Courier Newspaper, Weekly Columnist
Office location for John W. Callinan
2130 Highway 35 North
Suite 324B, Bldg. C
Sea Girt, NJ 08750
Phone: 732-416-4224
Selections
- Super Lawyers: 2011 - 2025
