Union County Alzheimer’s and Dementia Planning Lawyer

A close-up of an elderly man and woman, each of them had their hands clasped together.

Planning for the future is always important, but it can become more critical after a dementia diagnosis. Making key decisions as soon as possible can help smooth transitions later in your illness, as well as ease financial difficulties associated with care costs. However, you or your loved one may not know how to proceed or what kind of documents are needed to express your intentions.

At Van Dyck Law Group, we recognize how overwhelming and stressful these concerns can be, and we’re here to provide guidance. Our Union County Alzheimer’s and dementia planning lawyers take the time to understand your needs, respond to your questions, and offer tailored legal solutions. Once you’re ready to move forward, we’ll help you craft a detailed plan to ensure your future care aligns with your wishes. We can also advise you on financial strategies for long-term care, including exploring Medicaid eligibility.

What Should You Do to Prepare for a Consultation with Your Union County Dementia Planning Attorney?

When we assist clients who have recently been diagnosed with memory loss or cognitive decline, we try to learn about their desires for the future so we can advise them on their options. If you want to prepare for your consultation, it will be helpful to think carefully about these common dementia legal planning questions:

Who Do You Want to Make Medical Decisions If You Can’t Do So Yourself?

This is a critical question, because sometimes the later stages of dementia can prevent a person from making their own decisions. If you choose a healthcare proxy or medical power of attorney now, you can rest assured that when the time comes, someone you trust will manage your medical care. This may include:

Deciding what treatments you will or won’t have.
Choosing where you will live, such as an assisted living facility, a nursing home, or in your own home with professional care.
Selecting your doctors or healthcare providers.
Managing daily tasks related to healthcare, if necessary, making appointments, scheduling therapy sessions, etc.

What is the Difference Between a Healthcare Proxy and a Medical Power of Attorney?

These documents are similar, as both allow another person to make medical decisions for you when you can’t do so yourself. However, there are a few key differences:

In New Jersey, a healthcare proxy becomes active when the grantor or principal is incapacitated. This means they are unable to understand new information, make their own choices, and communicate clearly. A medical power of attorney (POA) is activated when a person is unable to make their own medical decisions, which may or may not mean they are incapacitated.
Healthcare proxies only cover medical decisions. This is sometimes true of a medical power of attorney, but in other cases, it may grant broader authorities, including making financial decisions. Your Alzheimer’s planning lawyer will discuss the options when creating your medical POA, and if you want to include additional abilities, you should let them know.

We also recommend that you consider the types of healthcare treatment and end-of-life care you want. In addition to choosing a healthcare proxy or medical power of attorney, we will advise you to create an advance healthcare directive. This allows you to lay out your wishes so the person making medical decisions has clear guidance.

Who Should Manage Your Finances?

As with a medical power of attorney, you can select someone to handle your financial and legal needs. This person, called an agent, will be able to do tasks like file taxes, buy and sell property, manage bank or retirement accounts, etc. Your agent can be the same person you choose to make medical decisions, or someone different.

What if You Can’t Find Someone to Manage Your Affairs?

Sometimes, clients tell us that they have no family or close friends who can take on the role of power of attorney. Acting as a POA can be time-consuming, and in many cases, relatives want to help but don’t have the time to do a satisfactory job. Geographical barriers, such as living far away, can also complicate the process.

In these situations, you can engage the services of a professional to act as a POA or healthcare proxy. However, we advise against choosing someone who might have a conflict of interest, such as one of your healthcare providers or caregivers. If you have concerns about finding a suitable POA, your Union County dementia planning attorney can answer your questions and explain your options.

What Estate Plans Do You Have?

We’ll also ask about your estate planning, which may include drafting a will, setting up a trust, or making other plans to distribute assets after your passing. Setting up a clear estate plan has several advantages:

Peace of mind that your assets will be distributed as you wish. Without a properly drafted and regularly updated will, decisions about your assets may end up in the hands of a probate judge—someone unfamiliar with you or your family’s financial circumstances. They will do their best to settle your estate based on New Jersey inheritance law, but they will have to make choices without the benefit of your personal insight or intentions.
Avoiding probate. Depending on how your estate plan is structured, we may be able to avoid the often lengthy and expensive probate process for your heirs.
Reducing taxes for beneficiaries. If you have concerns about inheritance taxes, we may be able to reduce the tax impact with strategies such as lifetime gifts or moving assets into a trust.
Ensuring your needs are covered. For many families, the cost of nursing homes, assisted living, or long-term care is out of reach without support from Medicaid or similar programs. Yet, qualifying often means meeting strict income and asset limits. We can assist you in creating an asset protection strategy that helps you become eligible for Medicaid more quickly—while still preserving the inheritance you intend for your children and grandchildren.

How Do You Plan to Pay for Long-Term Care?

As discussed in the previous section, long-term care costs are often unaffordable, but long-term care is frequently essential for those with dementia. For this reason, a Union County Alzheimer’s and dementia planning attorney can discuss your finances, your care plan, and how you want to cover these costs. In many cases, we will help you determine the best ways to qualify for Medicaid or other assistance programs. Aside from Union County, we also have dedicated attorneys in Elizabeth who handle cases such as this.

Union County Alzheimer’s and Dementia Planning FAQ

What is the Medicaid “Look-Back” Period?

Because of its strict asset and income requirements, Medicaid enforces a five-year “look-back” period, during which any substantial asset transfers are reviewed. If assets were moved incorrectly during this timeframe, it could result in penalties that postpone your access to Medicaid benefits. The penalty period’s length is determined by the amount of assets that were improperly transferred, divided by the average daily cost of nursing home care (which is adjusted annually).

Can You Safeguard a Portion of Your Assets While Still Qualifying for Medicaid?

Depending on your specific circumstances, your Union County Alzheimer’s planning lawyer may explore several strategies to protect assets, such as:

Establishing a trust. In many cases, we can transfer certain assets into an irrevocable trust. This removes them from your personal estate, which may help shield them from Medicaid’s asset limits. You set the terms for how these assets are distributed in the future, ensuring your wishes are honored. Assets typically placed in these trusts include cash, investment portfolios, real estate, and savings.
Gifting or transferring assets to others. Medicaid does allow for certain asset transfers under specific guidelines. If the transfer doesn’t fall within those exceptions, however, you could face a period of ineligibility based on the asset’s value. In order to avoid these penalties, it’s essential to consult with an experienced attorney before transferring any assets.

Because of the five-year look-back period and other Medicaid rules, your planning options are generally broader the earlier you start. If you or a loved one has been diagnosed with memory loss, it’s wise to consult a New Jersey Alzheimer’s and dementia planning attorney as soon as possible to explore your options and preserve assets.

How Can You Get Help From a Union County Alzheimer’s Planning Attorney?

Navigating the financial demands of memory care and preparing for the future can feel overwhelming—whether you’re experiencing the diagnosis yourself or supporting a loved one through it. A Union County dementia planning lawyer can help you explore your options and determine the best course of action for covering memory care or long-term support. We’re also available to assist with important legal documents like powers of attorney and advance directives, ensuring your future wishes are clearly documented.

At Van Dyck Law Group, we’re here to guide individuals and families through the legal complexities that can arise after a memory loss diagnosis. Whether you need support with estate planning or long-term care strategies, our elder law attorneys will offer clear guidance, personalized advice, and carefully prepared documents that reflect your unique needs. We know how difficult this journey can be, and we’re committed to offering compassionate, knowledgeable assistance every step of the way. You can reach us at (609) 293-2621.