Middlesex County Alzheimer’s and Dementia Planning Lawyer
When a loved one has been diagnosed with Alzheimer’s disease or another form of dementia, families often struggle with questions and concerns about dementia legal planning. Soaring healthcare and long-term care costs comprise one primary concern. Another is ensuring that the patient’s wishes for medical treatment are carried out, even when they are unable to make their own decisions.
These are only a few of the issues you or your family member will need to plan for when moving forward after a dementia diagnosis. The best way to begin tackling these concerns is to consult a Middlesex County dementia planning lawyer.
At Van Dyck Law Group, we understand how challenging these situations are, and we’re always available to help. Our elder care law team will guide you and your family through the necessary decisions, helping you take steps to plan for the future. Please contact us anytime to learn more about your options.
What Topics Should You Discuss with Your Middlesex County Dementia Planning Lawyer?
Your attorney will review several important decisions you need to make as soon as possible. These include:
Choosing a Power of Attorney
It’s always a good idea to decide who should make medical and financial decisions if you become incapacitated. However, it’s more urgent when you or a loved one has been diagnosed with dementia.
On average, people diagnosed with Alzheimer’s live for another 8-10 years. During this time, their condition often declines, frequently leading to incapacity. For this reason, selecting someone to make decisions on your behalf is essential.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal tool that lets you appoint someone you trust to handle your important decisions if you’re ever unable to do so. This document becomes especially important for individuals recently diagnosed with dementia or other conditions that may impair cognitive abilities.
The person authorized under a POA is known as the agent, while the person granting the authority is the principal or grantor. You can choose anyone to serve as your agent, but it’s crucial to select someone dependable and capable, as they may be making significant decisions for you. Typically, people choose a trusted family member or close friend for this role. Additionally, you should select a backup agent in case the original agent is unavailable.
Your lawyer will most likely recommend a durable power of attorney, which remains in effect even after you are incapacitated. You can choose one person to make both medical and financial decisions, or a different person for each duty. Or, you can name a power of attorney for specific activities, such as selling your house.
Setting Up an Advance Healthcare Directive
This document allows you to express your wishes for future healthcare treatment, including end-of-life care. It is often used in combination with a living will and medical power of attorney.
Although your attorney will help you communicate your objectives in your advance directive, it’s also essential to discuss your wishes with the person who will have your medical POA. This will help the agent feel confident that they have made the right decision and avoid situations where they are unsure of what to do or what you would want.
Planning for Long-Term Care Costs
Some people remain in their homes or live with family for months or even a few years after a dementia diagnosis. However, as the illness progresses, most patients eventually require higher levels of assistance, and in some cases, round-the-clock care is necessary. Often, they may need to move into a facility that offers memory care.
What is Memory Care?
Memory care provides targeted support for those living with dementia and other memory-related conditions, offering services that exceed the scope of standard assisted living. This level of care includes enhanced safety measures to reduce the risk of wandering, structured programs aimed at stimulating cognitive abilities, and personalized assistance with daily tasks such as timely medication management. For instance, memory care facilities use alarmed doors and secure outdoor spaces to ensure the safety of their patients.
The good news is that memory care is the fastest-growing sector in senior housing, with the number of units growing almost 84 percent from 2013 to 2023. The bad news is that the average monthly cost of staying in a memory care facility is just under $8,400, which is higher than the cost of a standard assisted living facility. It is, however, less expensive than a nursing home.
Unfortunately, many families can’t afford these costs, especially if the patient needs years of care. Sometimes, people tell us they don’t want to lose all their retirement savings paying for long-term care, or they hope to preserve assets for family members.
These are important concerns to discuss with your Middlesex County Alzheimer’s planning lawyer. We will help you explore options to pay for care, such as Medicaid, Social Security Disability Insurance (SSDI), or Secure Supplemental Income (SSI).
Will Medicaid Pay for Long-Term Care Costs?
For some people with dementia, New Jersey’s Medicaid program may cover their long-term care in a nursing home or other care facility. However, Medicaid eligibility requires a very low level of income and assets. It’s not unusual for a client to tell us that they have too much income for Medicaid, yet not enough to pay for their care.
What is Medicaid’s “Look Back” Period and What Does it Mean for Your Eligibility?
To complicate matters, Medicaid uses a five-year “look back” period, examining any significant asset transfers during this time. Assets transferred in these five years can sometimes trigger penalties that delay Medicaid coverage.
In many cases, we can find solutions to help you protect some of your assets while maintaining eligibility for programs like Medicaid. Here are a few possibilities we may discuss:
- Moving assets into a trust. Depending on your situation, we may be able to place some assets into a trust to protect them for family members or other heirs. This strategy effectively shifts ownership from you to the trust, removing those assets from your personal estate. By doing so, you protect the assets from being factored into Medicaid eligibility calculations while still determining how those assets will be distributed in the future. Common examples of assets that can be transferred into an irrevocable trust include cash, investment accounts, stocks, savings, and additional real estate holdings.
- Transferring assets to family members or other parties. Medicaid eligibility rules do allow the transfer of assets to others under specific conditions. If your transfer does not meet the criteria for one of these options, it could result in penalties and a longer waiting period for Medicaid eligibility. For this reason, we advise you to consult with your attorney before transferring any assets.
Because of the five-year look-back period and other rules about Medicaid eligibility, you will generally have more options if you begin planning for your long-term care needs sooner rather than later. When you or a family member receives a dementia diagnosis, it’s best to speak with a Middlesex County Alzheimer’s planning attorney right away.
Alzheimer’s and Dementia Planning FAQ
When Should You Consult a Middlesex County Alzheimer’s and Dementia Planning Lawyer?
If someone in your family has been diagnosed with dementia, there is no time to lose. Some forms of the disease progress more quickly than others, but it can be difficult to predict the course of any individual’s illness. It’s best to make decisions when you or your loved one is still capable of doing so.
Can Someone with Dementia Sign Legal Documents?
Yes, as long as they are still able to understand the situation, consider the consequences, and communicate their wishes. This is often the case for someone in the early and sometimes moderate stages of dementia.
However, you should not guess or assume that a family member is or isn’t competent to make decisions. Your dementia planning attorney may advise you to seek an evaluation to establish capacity, ensuring the validity of signed legal documents in the future.
How Can You Learn More from a Middlesex County Dementia Planning Attorney?
Figuring out how to cover the costs of dementia care and plan for the future can be overwhelming, whether you’re the person affected or their family member. Many people in East Brunswick, Edison Township, Woodbridge Township, and New Brunswick need help with the planning process but aren’t sure where to turn.
A knowledgeable New Jersey dementia planning attorney can guide you through the available options and help you understand what steps to take when it comes to financing memory care or long-term support. We can also assist you with creating a power of attorney, advance directive, or other documents to express your future wishes.
If you or a loved one is facing the legal challenges that follow a dementia diagnosis or you need assistance with estate planning, Van Dyck Law Group is ready to help. Our skilled elder law attorneys will walk you through your options, answer your questions, and draft legal documents tailored to your specific needs. We understand how emotionally and logistically challenging this time can be, and we’re committed to providing compassionate and dependable support every step of the way. Please contact us at (609) 293-2621 for assistance.
