Elder Law & Estate Planning

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An Overview of Elder and Disability Law and Planning at McHugh & Macri

For more information about an Elder Law topic, click on one of the following headings:

Elder Law & Asset Protection

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 and spouse saved during their 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.

Asset Preservation Planning

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

Wills & Estate Planning

If your will is like most seniors', it says that when one spouse dies, they leave everything 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 & 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 the medical establishment who are otherwise bound to prolong life unless you have a legal document in place that instructs them otherwise.

Guardianship & 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 their cooperation can make the process very 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 Law

Prior to our elder/disability specialty for 17 years, our prior 20-year experience in commercial and residential real estate law is invaluable to preserve the home 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 973-887-4254 or fill out the "Fee Free" contact form on this Web site. They service New Jersey residents only.