Bridgewater Elder Law Attorney

People seek assistance from an elder law attorney for a number of reasons. Many individuals require assistance with estate planning, which may include creating a will, establishing an advance healthcare directive, or setting up life care planning.

Others are looking for guidance on navigating the complex systems of Medicaid, Medicare, or Social Security. They may also have questions about paying for long-term care or other significant healthcare expenses.

A Bridgewater elder law attorney can help you with any of these issues, regardless of your age. In fact, we encourage people to take steps to plan their future as soon as possible.

If you or a loved one has questions or concerns about legal planning, don’t hesitate to seek legal guidance. Contact the Van Dyck Law Group for a consultation; we’ll answer your questions and help you solidify your plans.

How Does a Bridgewater Elder Law Lawyer Help?

An elder law lawyer handles cases in areas that can affect anyone, but they particularly handle cases related to elderly people. These include:

Estate planning, which may involve drafting a will or setting up a trust
Applying for or appealing decisions on Medicaid, Medicare, and Social Security
Financial planning for long-term care, which could include advising about reverse mortgages or applying for an assistance program
Life care planning, such as preparing an advance healthcare directive and living will, or creating a power-of-attorney document
Assisting families when an elderly relative needs a guardianship or conservatorship
Addressing concerns about elder or nursing home abuse

How To Prepare for a Consultation with a Bridgewater Elder Care Law Attorney

It can be easy to become focused on one topic and forget other matters you wanted to discuss. For this reason, we recommend preparing a list of questions, so you can be sure to address all your concerns.

You may also want to review your financial situation to get a general idea of where you stand. Your lawyer might ask financial questions so they can advise you on the best options for your situation.

Additionally, we suggest that you give careful consideration to your wishes for future healthcare and financial decisions. One option is to sign a power-of-attorney (POA) document allowing another person you select (referred to as an agent) to manage your affairs if you are unable to do so.

Your attorney may ask you to think about who you would want to be your agent in this situation. In many cases, a family member or close friend is a good option.

Planning for Future Healthcare Needs

Sometimes, clients tell us that they don’t want to burden a loved one with making healthcare decisions in a crisis. Unfortunately, it may become necessary for someone to make these choices if you can’t do so yourself.

However, you can provide a roadmap to ease the process for the person you choose as an agent by establishing an advance healthcare directive. In New Jersey, an advance healthcare directive comes in two parts:

A proxy directive, or durable POA, for medical decisions.
An instruction directive or living will.

The proxy directive allows you to choose an agent to manage your healthcare choices if you become incapacitated. This can be the same person you choose to handle your financial matters, or you can choose someone different.

The instruction directive allows you to lay out your wishes so the agent doesn’t have to wonder what you would want or worry they’re making the wrong decision. In particular, you can state your wishes about end-of-life care, or any treatments or procedures you do or don’t want.

Common topics in an instruction directive include:

The use of ventilators, feeding tubes, or other measures to extend life
Whether or not you want to be an organ donor
Religious restrictions on medical treatment

What if You Need Long-Term Care?

This is a significant concern for many older adults. No matter how aggressively you saved for retirement, rising costs of healthcare and long-term care could destabilize your financial security. Your elder law attorney will walk you through the potential options if you become unable to continue paying for care.

Here are some common resources you may discuss:

Understanding Medicaid and Medicare

Federal and state funding provide NJ FamilyCare, a Medicaid program for New Jersey residents who meet specific income and asset requirements. Additionally, Medicare is available to those who are over 65 and/or have certain disabilities.

Many seniors have questions about Medicare and Medicaid, including what these programs cover and how to qualify.

One crucial point to understand is that Medicare pays for some healthcare costs, but it will not cover long-term care in a nursing home. Medicaid will, but you must meet specific income and asset requirements based on the federal poverty level.

These requirements change annually.

Unfortunately, many seniors find themselves in a situation where they don’t qualify for Medicaid, but they also can’t afford the cost of a nursing home. If this sounds familiar, we can walk you through several options:

“Spending down” assets. Some people don’t initially qualify for Medicaid because their income or assets are too high. However, after spending these assets, they may be able to reapply and receive approval. For instance, you might sell property and use the money to pay for your care for the following year. Once that money is gone, you could reapply for Medicaid coverage.
Transferring assets. First, be very careful when moving assets. If you dispose of them incorrectly, you could become ineligible for Medicaid. An experienced elder law attorney can review your options, which may include placing your assets in a specific kind of trust. This will allow you to protect the assets while still receiving Medicaid. In some situations, you might also be able to transfer an asset like your home to a spouse or minor child, but you should check with your attorney to ensure you meet the specific criteria.
Other assistance programs. Depending on your situation, you may qualify for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or other programs.
Assisted living or in-home care. Depending on your condition, you may be able to start with a less expensive type of care and transition to a nursing home later, as your needs increase. It’s also advisable to seek quotes from multiple facilities and search for less costly options.

What Is a Reverse Mortgage and How to Qualify for It?

Reverse mortgages are offered to homeowners who are 62 or older and meet other specific requirements. The mortgage recipient, or borrower, can receive a loan without having monthly payments or losing ownership of their home, but interest still accrues on the amount borrowed and could decrease equity.

New Jersey offers two main types of reverse mortgages. The most widely used is the Home Equity Conversion Mortgage (HECM), which is insured by the federal government and overseen by the Federal Housing Administration (FHA).

Because it’s federally regulated, the HECM has a maximum lending limit currently set at $1,209,750, but this amount is subject to change. Additionally, not every borrower will qualify for this amount.

Borrowers can choose between a fixed interest rate and an adjustable rate, depending on their financial needs and preferences.

The second type of reverse mortgage offered in New Jersey is the Proprietary Reverse Mortgage (PRM). Unlike the HECM, a PRM is a privately issued loan and is not insured or governed by the FHA.

Because it isn’t subject to federal limits or guidelines, this option often provides access to larger loan amounts, making it an appealing choice for homeowners with high-value properties.

While there are no regular payments required, a reverse mortgage loan must be repaid if you move, sell the house, or pass away. For this reason, it may not be a good option to pay for long-term care, as you will no longer be living in the home when you’re in a care facility.

Additionally, it could also mean depleting the inheritance you intend to leave to your heirs.

If you are considering a reverse mortgage, we encourage you to speak with an elder care law lawyer first. We can walk you through the details of how it works, explain the limitations, and answer any questions you may have.

If you decide that a reverse mortgage is not a good fit for your situation, we will suggest any available alternatives to help you secure the funding you need.

Elder Law FAQ

When Does a Healthcare Advance Directive Become Active?

If your doctor determines that you are unable to make your own healthcare decisions, your advance directive will be considered in effect. Until then, you can continue to make your own medical decisions.

What is a Medicaid Penalty?

Medicaid uses a five-year “look back” period to ensure you have not gifted any assets or sold them below market value to meet Medicaid requirements. If they identify any such transactions, they can penalize you based on the average cost of nursing home care and the size of the transferred assets. As a result, the penalty period may last days, weeks, months, or even years, depending on the amount of assets transferred.

An experienced elder law attorney can help you avoid Medicaid penalties by ensuring any asset transfers are within the Medicaid guidelines.

Learn More and Get Help From a Bridgewater Elder Care Law Attorney

If you or a loved one is facing the challenges of estate planning or managing legal matters as you age, Van Dyck Law Group is ready to help.

Our skilled elder law attorneys are committed to guiding you through your options, answering your questions, and preparing personalized legal documents that reflect your goals. We understand the emotional and practical difficulties this journey can bring, and we’re here to provide compassionate support every step of the way.