New Jersey Elder Law Attorneys For Medicaid And Long-Term Care Planning

When someone you love needs long-term care, it can be difficult to know what to do next. You may be worried about the cost of care, qualifying for Medicaid or what will happen to the assets you and your family have worked hard to build. With the right planning, you can approach these decisions with greater clarity and a plan for the future.

At Witman Stadtmauer, P.A., our elder law attorneys provide personalized Medicaid and long-term care planning for Morris County families. From our office in Florham Park, we represent clients in Morristown, Madison, Chatham and throughout the greater Parsippany area, as well as clients throughout New Jersey, New York and Florida. We draw on our experience in estate planning, tax and elder law to develop strategies suited to your circumstances.

Planning For The Care And Protection Of Your Loved One

If your loved one needs long-term care now or you are planning ahead, our elder law lawyers can advise you on options that may include:

• Medicaid applications and crisis planning: Get guidance when your loved one needs long-term care, including when you need to act quickly.
• Asset protection and trust planning: Explore trusts and other estate planning tools that may address your family’s assets.
• Incapacity planning: Put powers of attorney, healthcare proxies and living wills in place for financial and medical decisions.
• Guardianships and conservatorships: Understand your options when your loved one can no longer manage personal, medical or financial matters independently.
• Veterans aid and attendance benefits: Learn about benefits that may assist eligible veterans with qualifying care expenses.
• Caregiver agreements and spend-down planning: Review how caregiving arrangements, income and assets may affect Medicaid planning.

We consider your loved one’s needs, financial circumstances and existing estate plan when developing a long-term care strategy.

Navigating The Five-Year Medicaid Look-Back Period In Morris County

If you are considering Medicaid for a loved one, New Jersey reviews the applicant’s financial history for the 60 months before an institutional Medicaid application. Transfers for less than fair market value during this five-year period may result in a Medicaid penalty. Planning before you transfer assets can help you avoid unintended consequences.

Depending on your circumstances, planning may involve reviewing past transfers and considering your savings, home equity and other assets for lawful planning options.

Protecting The Community Spouse

If your spouse enters a nursing home, you may be considered the community spouse if you continue living at home. Planning should account for your ongoing needs and preserve resources for you while your spouse receives long-term care.

New Jersey Medicaid rules provide protections that may allow you to retain certain resources and receive income support. The Community Spouse Resource Allowance (CSRA) addresses the resources you may retain, while separate rules address income and certain housing costs. We can review your circumstances and explain how these protections may apply to you.

Emergency Medicaid Planning Vs. Proactive Asset Protection

Ideally, you would begin long-term care planning before a health crisis. But if your loved one suddenly needs nursing home care, you may still have options. An immediate need for Medicaid does not necessarily mean your family must spend all its assets on care.

Depending on your circumstances, lawful planning strategies may address past transfers and preserve certain resources. We can review your finances, estate plan and immediate care needs to identify available options that comply with New Jersey Medicaid rules.

Start Planning For Long-Term Care

Long-term care decisions can affect your family’s finances for years. Witman Stadtmauer, P.A., provides personalized guidance based on your circumstances and goals. Call 973-822-0220 or contact us online to discuss your long-term care planning needs.