Hudson County Alzheimer’s and Dementia Planning Lawyer

The legal issues associated with an Alzheimer’s or dementia diagnosis can cause stress and worry for Hudson County families. You and your loved ones may wonder how to prepare for the future, ensure that your wishes will be carried out later, and pay for long-term care.

An experienced Hudson County dementia planning lawyer can help by answering your questions and taking the necessary steps to secure your future. At Van Dyck Law Group, our legal planning attorneys are here to support you every step of the way. If you or a loved one is struggling with the legal concerns of a dementia diagnosis, please contact us to find out more.

Why Would Someone with Dementia Need an Advocate?

In the earlier stages of the illness, people with dementia can usually advocate for themselves. However, someone who is diagnosed with more advanced dementia shows that their symptoms are worse to the point that they may be unable to learn and understand new information. As a result, they might struggle to make decisions regarding medical care, finances, and other legal matters.

For this reason, one of the first legal decisions to consider is who should handle these matters in the future. You’ll need someone who can not only advocate for you, but also make serious choices about your medical care and finances. When you choose this person, you can sign a power of attorney (POA) document assigning them to act as your agent.

In this situation, the agent can make whatever decisions are specified in the power of attorney. You can choose more than one agent for separate duties,  a medical power of attorney, a financial power of attorney, or even a limited power of attorney for a specific task.

Because people with memory loss sometimes become incapacitated in the later stages of the illness, your attorney may recommend a durable power of attorney. This ensures the POA will stay effective if you or your loved one no longer has legal capacity.

Can a Hudson County Dementia Planning Attorney Provide Guidance on Long-Term Care Costs?

Yes. This is one of the common topics clients ask about after they are diagnosed with memory loss. The expenses of in-home care, assisted living, memory care, nursing home care, and other similar facilities may overwhelm even extensive retirement savings. People often express concern about losing everything they’ve saved within a few years.

Fortunately, there are options when planning for long-term care, and the sooner you start, the more options you’ll have. The dementia legal planning team in Hudson County, Hoboken,and Jersey City can help you in developing an action plan to ensure you have access to the care you need.

What is Memory Care?

Memory care is a specialized form of long-term care tailored to support people facing Alzheimer’s disease, dementia, or other cognitive impairments. This type of care focuses on meeting both the medical and emotional needs of residents through a structured environment and dedicated services, including:

• Establishing predictable daily routines to help minimize confusion.
  
• Administering and monitoring medications.
  
• Implementing safety protocols to prevent wandering, a common behavior among those with dementia.
  
• Offering cognitive stimulation therapies to preserve mental function.
  
• Managing household tasks such as cleaning and laundry.
  
• Encouraging social engagement and participation in meaningful activities.
  
• Assisting with personal care tasks like bathing, grooming, and dressing when needed.

Where Can You Receive Memory Care?

Memory care can be delivered in standalone memory care facilities or within specialized units of assisted living communities or nursing homes. These environments are designed with enhanced security and support systems to ensure the safety and well-being of residents with cognitive conditions. Generally, the cost is between a standard assisted living facility and a nursing home.

How Much Does Long-Term Care Cost?

Many people start with in-home assistance, then move on to assisted living, and eventually, a nursing home. With or without memory care, all of these options can cost thousands of dollars a month. Even in-home care may not result in significant savings if you need round-the-clock assistance.

Sometimes, caregiving falls to family members, but this can have its own financial consequences if a relative has to miss work or even quit their job to provide care. At the same time, providing 24/7 care can be physically and mentally exhausting.

As a result, finding a way to afford professional long-term care is essential. The best time to start long-term care planning is as soon as possible after a memory loss diagnosis. When you have more time before care is needed, you have a wider range of options.

These might include:

• Private insurance. Alzheimer’s and dementia primarily affect people over 65, who are usually on Medicare. However, those with early-onset or younger-onset dementia may still have private insurance that pays some of their care costs. Most private plans do not cover unlimited long-term care, but may pay for medications and treatments early in your illness.
• Long-term care insurance. This is a specific type of coverage designed to handle long-term care costs, such as nursing home expenses. It’s important to read the details carefully, as many policies are expensive, premiums may increase yearly, and there are often waiting periods before benefits are available. This type of policy is sometimes bundled with life insurance, which you may or may not need.
• Social Security. Social Security Disability Insurance (SSDI) may be applied to individuals who are still working when diagnosed with memory loss. If you have built up enough work credits in recent years, and your condition forces you to stop working, you may be eligible. Supplemental Security Income (SSI) is also sometimes available to those with very low incomes.
• Medicare. This government-sponsored health insurance program serves individuals aged 65 and older, as well as younger people with qualifying disabilities. As with most private insurance, Medicare covers medical expenses, including doctor appointments, prescription medications, and short-term stays in skilled nursing facilities. Notably, it does not cover extended stays in long-term care settings like nursing homes.
• Medicaid. Unlike Medicare, this program does pay for long-term and nursing home care, but only for those with very limited resources. Many people do not meet income/asset requirements despite being unable to afford care. However, a Hudson County Alzheimer’s planning lawyer can recommend options to help you become eligible.

How Are Assets Considered for Medicaid Eligibility?

Medicaid evaluates an applicant’s eligibility by reviewing their countable assets. These include cash, bank accounts (checking and savings), stocks, bonds, and other related investments. In New Jersey, retirement funds such as IRAs and 401(k)s are also considered countable. Real estate that is not the applicant’s primary home typically falls into this category as well.

On the other hand, some assets are excluded from this calculation. These “non-countable” or exempt resources often include personal belongings, household furniture, one vehicle, irrevocable funeral trusts, and, in most cases, the applicant’s principal residence. There are some restrictions, so you should check with a Hudson County dementia planning specialist to be certain your home or other assets are exempt.

For individuals whose income exceeds Medicaid’s standard limits, New Jersey offers an alternative pathway through the Medically Needy Program (also called the Special Medicaid Program, Medically Needy Segment). This option allows applicants to qualify by offsetting excess income with medical expenses and health insurance costs, enabling them to meet Medicaid requirements under specific circumstances. Your New Jersey alzheimer’s and dementia planning lawyer can help you determine if you are qualified for this program.

Hudson County Alzheimer’s and Dementia Planning FAQs

Can Your Spouse’s Income Affect Your Medicaid Eligibility?

When a married couple applies for Medicaid, all of their assets are considered jointly owned, regardless of which spouse is seeking long-term care benefits. However, in many cases, only one spouse needs long-term care at the time of the application.

To protect the financial well-being of the spouse who remains at home—referred to as the community spouse—Medicaid has a Spousal Impoverishment Provision. This rule allows the community spouse to keep a portion of the couple’s combined assets through what’s known as the Community Spouse Resource Allowance (CSRA).

As of 2025, the community spouse may retain up to 50% of the couple’s total countable assets, up to a maximum of $157,920. If 50% of the assets total less than $31,584, the community spouse is allowed to keep all assets up to that minimum threshold.

How Can a Hudson County Alzheimer’s Planning Attorney Help with Medicaid Eligibility?

We’ll discuss your situation, assets, and income, and determine the best way to protect your assets while maintaining your eligibility. In some situations, you might be able to move assets into a trust to preserve them. Other assets may be “spent down” until you reach eligibility. Under limited circumstances, you may be able to transfer some assets to family members. Guidance from an attorney familiar with the intricacies of New Jersey Medicaid law is necessary to ensure you transfer assets within the guidelines.

Let a Hudson County Dementia Planning Lawyer at Van Dyck Law Group Assist You

Legal planning after a memory loss diagnosis can be confusing and challenging, but the Van Dyck Law Group is here to support you through this journey. Our experienced legal team will explain your options, listen to your concerns, and advise you on solutions. Once you’ve decided how to move forward, we’ll assist you with drafting legal documents to express your wishes. Please don’t hesitate to contact us for a consultation about your planning needs at (609) 293-2621.