The Medicaid program is a joint federal-state program that provides health insurance coverage to the financially impoverished, seniors and the disabled. In addition, it covers home health care, assisted living care and nursing home care for those who qualify. The rules governing financial eligibility for the program are complicated. Our firm has specialized in assisting clients formulate appropriate asset preservation plans to qualify for benefits, including planning techniques aimed at protecting the applicant’s assets from nursing home costs. We work with our clients through every step of the process, including assistance with gathering the necessary documentation for the application, and scheduling an appointment with the appropriate Medicaid office. An attorney will make the Medicaid application on behalf of the client, working closely with the Medicaid office to ensure a seamless transition from private pay to Medicaid.
In addition to Medicaid, veterans and their spouses are entitled to admission to the New Jersey Veterans Home, which is run by our state. An attorney will assist you with your application and work closely with the Veterans Home.
Our firm represents many disabled individuals living in the community and in facilities across the state. For those already receiving SSI or SSDI benefits, the receipt of monies from an inheritance or personal injury settlement may adversely affect their benefits, including Medicaid benefits which often cover the high cost of prescriptions and other medical services. Under federal and state regulations, the assets of a disabled person under the age of 65 may be held in a Special Needs Trust so that he/she may retain Medicaid and other government benefits while retaining the use of the assets in the trust. The drafting and administration of these trusts is highly regulated. Our staff attorneys have years of experience drafting these trusts and assisting clients with every day administration issues.
Estate & Trust Planning / Probate and Administration
Our firm has assisted families with estate and disability planning. We regularly prepare Durable Financial Powers of Attorney, Proxy Direction (Medical Powers of Attorney), and Instructive Directives (Living Wills) so that our clients’ loved ones will be able to assist them with financial and medical decision-making should they become too ill to manage their own affairs.
Our firm also advises clients with respect to estate planning. A Last Will and Testament is an important part of a client’s estate plan. We are able to advise clients of the drafting techniques, including trusts, disclaimers, etc., available to accomplish their goals and minimize state and federal estate and inheritance taxes.
Once a loved one has passed away, our firm is able to assist his/her family through the probate process and estate and/or trust administration. Our attorneys and staff have experience preparing and filing New Jersey estate and inheritance tax returns/waivers in addition to federal estate tax returns.
Guardianship / Conservatorship
There are times when a client is unable to execute a financial and/or medical Power of Attorney. In such cases, a loved one may be deemed incapacitated – unable to manage his/her own affairs. A court hearing is required for a family member or friend to be appointed as guardian, for both financial and medical decision-making purposes. We also have experience in representing clients in guardianship cases throughout the state, including successful requests for court-approved Medicaid planning by guardians.
Our staff attorneys have years of experience handling real estate transactions for individuals, corporations, partnerships and estates, which we perform on a regular basis.