An Overview Of Elder Law And Estate Planning

Elder law planning usually begins with a crisis. As the result of a catastrophic illness or disability, a spouse or parent faces admission to a rehabilitation and therapy facility, assisted living facility or nursing home. The spouse/family fears that everything the incapacitated person saved during his or her lifetime may be at risk. The bad news is that it is at risk; the good news is that it doesn't have to be.

McHugh & Macri in East Hanover, New Jersey, offer services in all areas of elder law and estate planning. You can read general information about these areas below and reach out to us for more in-depth information about your specific situation.

Asset Preservation Planning

Asset preservation planning, or Medicaid planning, allows you to legally shelter your assets from these long-term care facility costs.

Wills And Estate Planning

If your will is like most seniors', it says that when one spouse dies, everything is left to the surviving spouse. While this "sweetheart" will can work fine for the first 65 years of life, after that it harms, not helps, the couple. Tax, estate and long-term care planning are then needed.

Power Of Attorney

A current and comprehensive power of attorney is the most important document you need. For a modest fee, you can name a trusted person to act for you and protect your financial interests, without bearing the costs and time-consuming anguish of a petition for guardianship if you become incapacitated.

Living Will (Health Care Directive And Proxy)

A living will provides your family members with the peace of mind of knowing your medical care wishes at the end of life. It also provides direction to medical professionals who are otherwise bound to prolong life unless you have a legal document in place that instructs them otherwise.

Guardianship And Conservatorship

Our lawyers view guardianship as a last resort, when no other alternative, such as power of attorney, is available. Rushing someone into guardianship without that person's cooperation can make the process difficult and complex as well as pit child against parent and sibling against sibling.

Probate Administration

Our lawyers guide families through the probate process in New Jersey. We also provide a " probate it yourself" option and have many years' experience in probate litigation matters.

Real Estate

Prior to beginning our elder/disability focus 17 years ago, we spent 20 years in commercial and residential real estate law. This background is invaluable in preserving homes and other assets as part of the asset preservation process.

Free Lawyer Consultation

For a free initial consultation with Don McHugh or Vince Macri, two of only 325 attorneys nationwide certified in elder law (CELA) by the National Elder Law Foundation, call 973-577-6010 or fill out the fee-free contact form on this website. We service New Jersey residents only.