Bridgewater Life Care Advocacy and Crisis Management

Many people are unaware of what life care advocacy and crisis management are until they are needed. These tasks can become essential very quickly if you or a loved one suffers an illness or injury that leaves you unable to manage your own affairs.

They can also be necessary when an older or disabled adult simply needs assistance in planning for the future, which may involve steps such as estate planning, navigating Medicaid and other assistance programs, and establishing a healthcare directive.

Life care advocacy is the process of supporting people, particularly those who are elderly or have disabilities, in their healthcare and other life choices. This support comes in many forms and may include answering legal questions, creating a care plan, managing finances, or advocating for the person’s needs when they are unable to do so.

Crisis management is a process of helping those impacted by a disruptive event, such as a life-threatening diagnosis or injury, to respond and recover. Often, life care is also essential to crisis management.

Unfortunately, situations that necessitate these services can arise suddenly and at any stage of life. Such cases often occur in adults over 65, particularly after a serious injury or the onset of a chronic condition.

Whether facing a temporary disability, requiring rehabilitation, or needing ongoing long-term care, it’s essential to have an experienced attorney to assist you with life care planning, proactive advocacy, and effective crisis response.

If you or a loved one has concerns about estate planning, future healthcare management, or other life care advocacy issues, please contact Van Dyck Law Group for a consultation. Our elder law professional will assist you in learning more about the process and the next steps.

Why Do You Need a Bridgewater Life Care Planning Lawyer?

When you or a family member is considering topics like end-of-life care, healthcare directives, paying for long-term care, and more, you might feel confused or overwhelmed. These are complicated issues, and you may wonder what to do next.

An experienced life care planning lawyer can walk you through the decisions you will need to make. We will answer your questions along the way so that you can make informed choices.

Once you’ve made your decisions, we’ll support you with the appropriate legal documents and other tasks.

Here are some of the situations we can help you plan for:

• Future medical decisions. What happens if you are unable to make medical decisions for yourself? Most people would prefer to avoid a situation where their loved ones are scrambling to figure out what they would want. For this reason, you might consider setting up an advance healthcare directive and living will to make your wishes clear. Advocacy in end-of-life care also involves ensuring that your plans are carried out as stated, even if some of your relatives disagree.
• Other decisions. You might also need someone to manage your finances or make complex healthcare decisions in accordance with your healthcare directive and living will. Setting up a durable power of attorney (POA) will make this process smoother for the person you choose to handle your affairs (called an agent). You can create a POA for specific events, such as selling property, or for general tasks like managing money or making healthcare decisions.
• Long-term care. Aside from making decisions about specific treatments or procedures, you will want to consider broader decisions, such as where you will receive long-term care. Some people prefer to stay in their home with in-home care for as long as possible. Others may want to transition into assisted living, with the option to move into skilled nursing care when necessary. Your attorney will help you with planning for whatever options you choose.
• Paying for future care. This is a frequent topic of concern for many of our clients. Long-term care costs are rising, with 1 in 7 Americans expected to spend over $100,000 on this expense. Your attorney will discuss your financial goals, your care plans, and your options to pay for care.
• Applying for assistance. If you qualify for assistance programs such as Medicaid, Medicare, Supplemental Security Income (SSI), or Social Security Disability Income (SSDI), we can help you with the application process. Additionally, if you have been rejected for one of these programs, we can review your claim to determine if clerical errors or other issues affected your application. Finally, we may be able to provide legal options if you have been told to “spend down” assets or income to qualify.

Can You Still Sign Documents If You Have Been Diagnosed with Dementia or Similar Conditions?

It’s essential to establish competency before signing any documents to avoid potential disputes later. In this situation, your life care planning attorney may suggest a medical exam to determine if you are currently competent.

Typically, the doctor will conduct an examination and ask questions to ascertain if you are aware of what’s going on and able to understand the consequences of any legal documents you might sign.

Medical Conditions That May Require Life Care Planning

Conditions similar to dementia may be referred to as cognitive decline or cognitive impairment. These may include any condition that causes a decrease in mental abilities, such as memory, thinking, or reasoning.

A wide variety of conditions can lead to cognitive impairment, from heart disease to stroke to Parkinson’s. Not everyone with these conditions will develop cognitive impairment, but it is a possibility.

Physical conditions can also require life care planning. If you have any serious or terminal illness, you may want to make your wishes for end-of-life care clear.

How Can You Help a Loved One Who Didn’t Make a Life Care Plan?

While it’s best to make plans in advance, this doesn’t always happen for various reasons. As a result, families in crisis sometimes contact us for help.

Perhaps a relative is in the hospital and is not able to make medical decisions, but their family members disagree about how to proceed. Meanwhile, they have a pressing need for someone to make long-term decisions about treatment or end-of-life care.

Another common scenario occurs when someone visits an elderly relative they haven’t seen in a while, only to discover this family member is exhibiting signs of advanced dementia. The senior relative may have had memory issues and other dementia symptoms that went unnoticed because they were retired and lived alone.

Now, they are no longer mentally competent and require care, but can’t make decisions.

These situations can be difficult, but a Bridgewater life care planning attorney can assist you. First, we can file a petition to the court for you or another family member to become a guardian or conservator for the person who is incapacitated. Then, you can address any urgent decisions.

Once you’ve handled these issues, we can discuss future care options, including assisted living, a nursing home, or in-home care. Additionally, we’ll help you review your loved one’s finances and consider options for covering their care.

What if Your Family Members Disagree About Handling a Loved One’s Care?

These can be emotionally fraught situations, especially when end-of-life care is involved. Sometimes, one or more relatives believe that their loved one would want to pass peacefully, but another relative wishes to exhaust all options to keep their family member alive.

If the incapacitated person didn’t set up a life care plan, these disputes can rise to a level where they must be settled in court.

However, we know that most people don’t want to deal with a lengthy court battle while their family member is in the hospital. As life care planning attorneys, we will do our best to help you resolve issues with relatives out of court, if possible.

When necessary, we will recommend counseling to help everyone in the family come to terms with the situation. Additionally, we can facilitate discussions to help your family reach a mutually agreeable resolution.

In many cases, these measures can resolve a disagreement, but if they don’t, we can assist you in presenting your case to the court.

What if You Think a Relative’s POA Isn’t Acting in Their Best Interests?

Here is another situation we sometimes encounter: A client’s relative has become incapacitated, and someone else, usually another family member, has their POA. On one hand, the client believes this person is mishandling or misappropriating the relative’s money and failing to act in their best interests. Sometimes, they may also think the agent gained POA by taking advantage of the relative. For instance, they might believe their family member was already incapacitated when they signed the POA document.

These scenarios can be complicated, but if you suspect a family member’s POA agent is acting improperly, it’s a good idea to speak with an elder law attorney. In some cases, the POA’s grantor may still have capacity and can revoke the POA if desired.

If the grantor no longer has capacity, and there is significant evidence that the agent has mishandled matters, we may be able to file a petition with a judge to end the POA. Then, another relative can seek guardianship or conservatorship.

Life Care Advocacy FAQ

How Can You Protect Assets While Maintaining Eligibility for Medicaid?

Your lawyer will review the options for your situation. In some cases, you may be able to protect assets by placing them in a trust or transferring them in specific ways that meet Medicaid’s rules.

However, these steps should be handled carefully to avoid Medicaid penalties, so you should always seek legal advice before moving any assets.

Can Estate Planning Help My Heirs Avoid Estate Taxes?

Your elder law attorney can provide you with options to help reduce taxes for your estate’s beneficiaries. In some cases, setting up a trust or making gifts during your lifetime can lower the tax burden.

Careful estate planning can also address other concerns, such as providing for a disabled relative or someone who struggles with financial stability.

Learn More From a Bridgewater Life Care Planning Attorney

When a diagnosis or medical crisis brings legal planning to the forefront, Van Dyck Law Group is always here to help.

Our experienced life care planning team is dedicated to guiding you through your legal choices, addressing your concerns, and crafting documents that honor your individual wishes. We recognize the emotional and practical challenges that come with this journey and are committed to offering steady, compassionate support throughout the entire process.

Please contact us at (908) 201-0629 for more information.