Bridgewater Long Term Care Planning

Elderly patient lying in bed holding her husband's hand

Many families struggle with questions and concerns about long-term care planning. How will they care for a relative who needs substantial support or assistance on a daily basis?

If all the adults in the household work or look after young children, there may not be anyone available to care for a relative at home. Family members who do take on the task of caregiving may become exhausted and overwhelmed, especially if they have other responsibilities.

At the same time, the costs of nursing homes or assisted living facilities can be prohibitive in many situations. In-home care is sometimes an option, but if care is needed around the clock, the costs can be similar to those of a facility.

Struggling with Long-Term Care Planning in Bridgewater?

Relatives may worry about finding a good fit for a loved one’s care needs, or you may even wonder how to honor a family member’s wishes. Some people prefer to stay at home if possible, but in-home professional care isn’t always feasible or the best option.

Others may have concerns about the cost of care.

When you or a loved one is considering these difficult questions of long-term care planning, the Bridgewater long-term care planning lawyer at Van Dyck Law Group is available to answer questions and advise on your options. We will study your goals and help you plan for the future you want.

Please contact us to schedule a consultation and explore your options.

When Should You Contact a Bridgewater Long-Term Care Planning Lawyer?

When you’re struggling to plan for long-term care, you should contact a Bridgewater long-term care planning lawyer as soon as possible. Oftentimes, people contact us when they or a loved one needs to move into long-term care.

If you’re experiencing the same situation, we’re happy to assist you, but in some cases, you may have more options if you begin planning sooner.

For this reason, we recommend that you consider long-term care planning as something similar to making a will or an advance healthcare directive. Your Bridgewater long-term care planning lawyer can assist you in planning all the necessary tasks.

How Does a Bridgewater Long-Term Care Planning Attorney Handle Cases?

First, we’ll inquire about your future goals and how you would like to receive care if and when it becomes necessary. Here are some questions we may ask so we can determine the best ways to help you:

Do you prefer to stay in your home or live with family for as long as possible, or do you enjoy the idea of community living? This answer varies significantly from one person to another. Some people are strongly opposed to nursing homes, while others feel isolated living at home. Whatever you decide is right for you, we’ll work to support you in making it happen.
Do you have assets that you want to preserve for your heirs? The sooner we start planning to protect these assets, the better.
How is your retirement planning going? We understand that some people are uncomfortable discussing finances, but we need to know so we can help you plan for the expense of long-term care. Depending on the type of care required, average yearly costs range from $54,000 to $108,408. This average cost may be subject to change.
If necessary, how much could you afford to pay yearly for long-term care? If $100,000 a year or more is out of your reach, you’re not alone. Many people can’t afford these costs, especially over multiple years, so we’ll help you explore other options. These may include long-term care insurance, Medicare, Medicaid, Social Security Disability Income (SSDI), or Supplemental Security Income (SSI). Additionally, we’ll discuss your assets and whether you want to sell, transfer, or retain them.
Have you already addressed other estate planning needs, such as creating a will and setting up an advance healthcare directive? If not, we’ll help you take care of these essential estate planning tasks now.
Who will take over long-term care management for you in the future? Sometimes, patients in long-term care continue to manage their own financial and healthcare decisions. However, others may become incapacitated or unable to handle these tasks. For this reason, we recommend selecting a trusted family member or friend to act as your power of attorney (POA), if necessary. Once you’ve chosen this person, we can discuss the types of POAs and, when you’re ready, we can assist in preparing the documents needed, and then later on, we will present them to you for your review and signature.

How Medicaid and Medicare Fit Into Long-Term Care Financial Planning

Medicaid and Medicare are often confused with each other.

Medicare is a federal health insurance program specifically for adults aged 65 and older. Some younger adults may also be eligible if they have certain disabilities.

While it usually covers doctor’s visits, hospital stays, some home health care, and limited time in a skilled nursing facility, it is not intended for long-term care, including nursing home residency.

Medicaid, on the other hand, is a federal and state program that provides health insurance for people with low incomes and limited resources. You don’t have to be 65 to qualify, but there are strict limits on income and assets.

If you are eligible, Medicaid typically covers nursing home care, but you must use a facility that accepts Medicaid. You must also consider that not all nursing homes or assisted living facilities accept Medicaid, so it’s a good idea to thoroughly research potential care homes.

Should you prefer to remain at home, Medicaid might cover some in-home care costs. Depending on your situation, they may also pay for home and vehicle modifications for disabilities, home meal delivery, respite care if a family member acts as a caregiver, and care management.

What if You Don’t Qualify for Medicaid?

Qualifying for Medicaid can be a challenging process, and clients often have questions about it. To be eligible, your income must be below a certain percentage of the federal poverty level (FPL), which changes from year to year.

Some assets are also counted and could prevent you from qualifying.

Unfortunately, many people who don’t qualify for Medicaid are still unable to afford the other long-term care plans. As a result, seniors and their families often have concerns about selling or transferring assets to become eligible for Medicaid.

Sometimes, a Medicaid caseworker may advise them to “spend down” assets so they may qualify in the future.

However, this is not always a viable option for several reasons. The person who needs care may want to keep assets, such as homes or vehicles, within the family, or they may have relatives who currently use these assets.

What are the Alternatives to Spending Down Assets for Medicaid?

There are a number of ways to handle these situations. A long-term care planning lawyer can help you determine which of your assets are exempt and explain the rules of keeping exempt property.

If you choose us, we’ll also outline your options for handling non-exempt assets.

What are Exempt Assets for Medicaid?

The rules are somewhat complex, and there are often restrictions or specific limitations regarding exempt property. For this reason, it’s advisable to consult with an attorney to confirm whether an asset is exempt.

However, in general, the following assets are usually exempt:

One vehicle that you or someone in your household uses for transportation.
Your primary residence, as long as your spouse still lives there. If you’re in long-term care, you may need to indicate an intent to return home for the property to remain exempt. However, if the residence is vacant for over six months, it could lose its exemption status.
Burial plots and some related prepaid funeral items.
Personal belongings or household items.

Most other assets are considered non-exempt.

How To Protect Your Non-Exempt Assets

Suppose you have non-exempt property, such as a non-primary residence or additional vehicles. In that case, a long-term planning attorney can help you plot the actions to take in order to protect your property without affecting your eligibility.

In some instances, these assets can be transferred to a relative or into a trust, but there are strict rules regarding these transfers. For this reason, you should not attempt to transfer property without solid legal advice.

Long Term Planning FAQ

If You Are Approved for Medicaid Nursing Home Care, Can You Use Any Nursing Home in the State?

You will need to use a facility that accepts Medicaid payments. If you are interested in a particular nursing home, it’s best to ask this question upfront to save time.

Fortunately, most nursing homes in New Jersey do accept Medicaid. You can also use the New Jersey Department of Health’s website to search for nursing homes that will take Medicaid payments.

What Kind of Facility Should You Choose if You are Concerned About Nursing Home Abuse or Neglect?

The Medicare Nursing Home Compare website does flag any facilities that have been cited for abuse or neglect, so it’s a good idea to check this site when considering options. It also provides overall ratings for staffing and health inspections.

While choosing a facility that hasn’t been flagged is a good start, it’s important to remember that nursing home abuse or neglect can happen anywhere. The best way to protect your relative is to visit them regularly, sometimes visit at random times, and get to know their caretakers.

If you’re unable to do so, ask another relative or friend to help. Additionally, you should familiarize yourself with the signs of nursing home abuse and neglect.

Does Medicaid Cover All Expenses for Nursing Home Residents?

Medicaid usually pays for room and board, as well as associated medical care expenses for nursing home residents. However, it does not usually cover all personal items the resident needs.

For this reason, you or another relative may need to pick up items like toiletries or snacks for your family member.

What Happens if a Relative Needs Long-Term Care and is Incapacitated?

Unfortunately, this situation can create an urgent problem for a family. Suppose the person is incapacitated and can’t make their own decisions, and there is no long-term care plan or power-of-attorney document in place.

In this situation, your attorney can petition the court to appoint a guardian or conservator, usually a family member. This guardian can then manage the incapacitated person’s finances and make medical decisions, including placement in a long-term care facility.

Contact Bridgewater Long-Term Care Planning Attorney for Legal Guidance

Long-term care planning can help you avoid difficulties and reduce stress for your family, and the Van Dyck Law Group is here to stand by your side.

Our knowledgeable long-term care planning professionals are available to help you understand your legal options, answer your questions, and prepare documents that reflect your personal values and goals. We understand how overwhelming this time can be and are committed to providing dependable, compassionate guidance every step of the way.