East Brunswick Alzheimer’s and Dementia Planning Lawyer

Back view of a senior man speaking with a young woman in a lawyer’s suit.

Receiving a dementia diagnosis can be a life-changing event, often bringing a wave of uncertainty and stress. Alongside medical concerns, many people also begin to face important legal questions about how to prepare for the future.

Gaining a clear understanding of your specific type of dementia and its potential impact is an essential starting point. From there, consulting with an experienced attorney can help you take meaningful steps to secure your long-term care plan and clearly express your future wishes.

The team at Van Dyck Law Group is here to guide you through this challenging journey. Our elder law and estate planning professionals can help you draft the right legal documents, whether you need to designate a power of attorney, write a will, apply for benefits, or make other arrangements. Reach out today to schedule a consultation and take the next step toward peace of mind.

What Questions Should You Ask Your East Brunswick Dementia Planning Attorney?

When facing a dementia diagnosis, our clients often have multiple questions about various legal issues. We encourage you to make a list of your concerns to ensure we address all of them. However, if you overlook an essential topic, we will ask you about it, because we want to cover all the potential legal issues.

Here are some common questions clients ask us about dementia legal planning:

How Am I Supposed to Afford Long-Term Care?

The costs of a nursing home, assisted living facility, or even in-home care can be staggering, and many families are unable to afford even a few months of care, let alone years of it.

However, the alternatives may not be feasible. Many people with dementia eventually need round-the-clock supervision and assistance, at which point they will no longer be able to live alone. Not everyone has a family member who can provide this level of care.

For example, you might want to care for your mother after her dementia diagnosis. But if you and your spouse both work or are caring for young children, it may eventually become impossible to provide the supervision and assistance your mother requires at home.

Fortunately, there may be other options to pay for some form of in-home or nursing facility care. Your East Brunswick Alzheimer’s and dementia planning lawyer will review your family member’s financial situation and propose the best solutions. These might include:

Private health insurance. Younger people diagnosed with dementia may have private insurance that covers some costs, although most plans don’t cover long-term care in a nursing home. There is a type of policy specifically designed for long-term care insurance. Still, it can be expensive and generally does not cover preexisting conditions for a specified period after the policy is purchased. So, if you or a loved one has already been diagnosed with dementia, this might not be a good option.
Social Security Disability Insurance (SSDI). This is sometimes an option for people who are younger or still working when diagnosed with dementia. If your condition forces you to stop working, you may qualify for SSDI if you received enough work credits in recent years.
Supplemental Security Income (SSI). Unlike SSDI, SSI does not have work requirements, but it is restricted to people with very low income and assets.
Medicare. This type of government health insurance is designed for people over the age of 65 and those younger than 65 with certain disabilities. While Medicare pays for expenses like doctor’s visits, prescriptions, and limited stays in skilled nursing facilities, it will not pay for long-term residential care (like a nursing home).
Medicaid. Unlike Medicare, this program will often pay for nursing home care and does not have any age requirements. Instead, it is aimed at people with low income and limited assets. For this reason, it’s possible to be denied Medicaid but still unable to afford the care you need. Sometimes, a dementia patient has to exhaust or “spend down” their savings before becoming eligible.

How Can I Maintain Medicaid Eligibility Without Losing Everything I’ve Worked for?

As discussed in the previous section, Medicaid eligibility requirements can create significant obstacles for those who need long-term care. Clients often ask us if they can protect some assets while still receiving Medicaid.

In some cases, the answer is yes. Your East Brunswick Alzheimer’s planning lawyer will review your situation and determine which, if any, of your assets are “exempt” from Medicaid’s eligibility review. For instance, your primary residence and one vehicle may be exempt in certain situations.

If you have non-exempt assets, we’ll discuss your options. In a few limited situations, you might be able to transfer some assets to family members, but this must be done in accordance with Medicaid rules. In many cases, transferring assets can result in Medicaid penalties, so we advise consulting an attorney before making any such transactions.

We may also be able to transfer some assets into a trust, removing them from your estate. This process should also be performed carefully to avoid Medicaid penalties.

Since Medicaid scrutinizes your transactions for the previous five years, it’s best to begin this type of planning as soon as possible after your diagnosis. The earlier we begin, the more options you are likely to have.

What Other Documents Will Your East Brunswick Dementia Planning Lawyer Recommend?

While working on your healthcare proxy document, we may recommend preparing an advance healthcare or medical directive. This document contains your instructions for future medical care if you are not able to make decisions.

Many people use advance healthcare directives to describe their wishes for end-of-life care. Because these directives can’t cover every eventuality, you will still need to assign a healthcare proxy, but the directive will give them the guidance they need to carry out your wishes. Additionally, we recommend having a conversation with the person you choose as healthcare proxy, so they know what to expect.

Aside from medical decisions, we will also ask who you want to handle financial and legal decisions on your behalf. You can select the same person you chose as a healthcare proxy, or choose someone else.

After you’ve made a decision, we’ll draw up a durable power of attorney document for you to sign. This allows the person you choose as an “agent” to make decisions if you are unable to do so.

Finally, we will discuss other estate planning needs, like creating a will, setting up trusts to reduce inheritance taxes, and related legal issues. Our Alzheimer’s planning lawyers will answer your questions and assist you with the next steps based on your decisions.

Alzheimer’s and Dementia Planning FAQ

What if My Relative Didn’t Do Any Planning and is Now Incapacitated?

An East Brunswick dementia planning attorney can assist you with the process of pursuing a guardianship or conservatorship so you can make decisions for your family member. If you and your relatives are unable to take on this role, we can help you find a professional to assist you.

Who Will Make Medical Decisions for Me if I’m Unable to Do So?

In short-term situations, a doctor or hospital will typically seek out a patient’s next of kin. They will usually start with a spouse, but if the patient is unmarried, they will move on to other family members, such as adult children, parents, or siblings. This is generally a good solution in an emergency—for example, if you need surgery after a car accident.

However, in a long-term situation where a person is incapacitated, it is better to have one person handling their medical decisions, including where they will receive long-term care. This is often the case for someone with dementia, who may become incapacitated as their illness progresses.

If the incapacitated person did not choose a health care proxy while they were able to do so, family members may need to go to court to seek a guardianship. Unfortunately, this can be a time-consuming and costly process, especially if relatives disagree about who should be the guardian or what decisions should be made.

For these reasons, we recommend that you select a healthcare proxy right away. Your East Brunswick Alzheimer’s planning attorney can prepare the paperwork once you’ve made a decision. As long as you are not yet incapacitated, you can sign the forms and provide copies to your healthcare providers for future reference. (If there is any concern about your current state of mind, we may suggest a medical exam to determine capacity.)

Where Can You Seek Help From an East Brunswick Alzheimer’s Planning Attorney?

Whether you or a loved one is facing the legal challenges that follow a dementia diagnosis or simply needs support with Alzheimer’s and dementia planning in Middlesex County, 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 the legal documents needed to reflect your personal goals. We understand the emotional and logistical difficulties that accompany a dementia diagnosis, and we’re here to provide steady, compassionate support from start to finish. You can contact us at (609) 293-2621 to learn more.