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Certified Elder Law Attorneys Serving New Jersey Residents Since 1978.

August 2017 Archives

Seeking help when guardianship is the only option

When a person in New Jersey suffers from dementia, Alzheimer's or some other mental condition that renders them incapacitated, sometimes the only option is to assign a legal guardian over that person. This is not something that should be rushed into, however. It is only an option if the allegedly incapacitated person is mentally unable to designate a power of attorney, or if they had a power of attorney but revoked it.

What language should be included in a special needs trust?

Many people in East Hanover with special needs, such as a disability or a mental illness, rely on government benefits to make ends meet financially. However, these benefits are often needs-based. If an individual has too many assets in their name, they might not qualify for benefits. This is when it can be important to have a special needs trust.

Can in-home health care be made affordable?

Some people in East Hanover may think it is inevitable that, should they reach an age where they can no longer care for themselves, they will eventually go to a nursing home. However, they may be surprised to hear that most people who reach an age where they can no longer care for themselves remain at home and obtain the care they need through in-home health care. Therefore, it is important to plan financially for the potential need for long-term care.

Medicaid may not cover all costs

Many New Jersey residents have found that either themselves or a loved one has to enter an assisted living facility when they could no longer take care of themselves on their own. According to one source, over 700,000 disabled or elderly individuals in the United States are cared for in some type of residential care communities. And, as the baby boomer population continues to age, the number of people who need to live in assisted living facilities will only go up.

What should you know about financial power of attorney?

When you set up a financial power of attorney, you appoint a trusted individual to make financial decisions on your behalf in the event of incapacitation. That being said, there is no “one size fits all” power of attorney plan. You can determine what issues your power of attorney can handle, and when their authority can kick in. What should you know about financial power of attorney?

What are some benefits of special needs trusts?

When a person in East Hanover has a disabled or mentally ill loved one, they may want to see that their loved one obtains the government benefits needed to make ends meet. This is particularly true if their loved one does not have the ability to work or even take care of their own finances. However, depending on the government benefits, a person can only have a certain amount of assets to qualify. In situations like this, setting up a special needs trust may be appropriate.

McHugh & Macri
49 Ridgedale Avenue
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East Hanover, NJ 07936

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