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Certified Elder Law Attorneys Serving New Jersey Residents Since 1978.

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What documents should one execute when elder care planning?

As a person ages, they may reach a point where they can no longer care for themselves. They may need help with daily care activities or they may need in-home health care. Often, a family member steps up and takes on the role of caregiver. While this is often an act of love, it can be confusing if the caregiver does not know what the person's wishes would be. Therefore, people in New Jersey should consider executing the following documents while they are still able, to provide guidance to their caregivers in the future.

Elder law and estate planning: what is 'power of attorney'?

People in East Hanover may have heard of the phrase power of attorney, but may not know exactly what this term means. A power of attorney is a legal document a person executes that dictates who will be able to make legal decisions on behalf of the person should the person become incapacitated. The person executing the power of attorney is the principal, and the person chosen as power of attorney is the agent. The two main types of power of attorney are a health care power of attorney and a financial power of attorney. The person executing the power of attorney will determine what their agent will and will not be able to do.

Boomers should address elder law issues in a proactive manner

As the baby boomer generation ages, their need for legal services will also grow in ways that they may not initially expect. With longer lifespans and advancements in the medical field comes the fact that a person in New Jersey could be physically or mentally incapacitated for months or even years before passing away. Baby boomers need to prepare for this possibility by ensuring they have the proper legal documents in place that will dictate what their wishes are.

Make estate planning and care planning a priority

Young or even middle-age adults in New Jersey may think that since retirement is decades away, they can wait to execute an estate plan or care plan, and even retirement planning in these early years is not so important. However, retirement planning and estate planning should be done as soon as one is able to do so. This way, they can protect themselves and their loved ones once they have retired and are physically or mentally unable to care for themselves.

Don't count out long-term care insurance for care planning

Long-term care insurance has gotten a bad rap lately. People claim it is too costly, and that they'll be better off relying on Medicare and retirement savings when the time comes. However, everyone must remember Medicare will not pay for long term care! If a person is relying on Medicare and retirement savings, they may find that they quickly burn through these resources.

We assist New Jersey residents with their power of attorney

One of the most valuable documents a person in New Jersey can include in their estate plan is a durable power of attorney. In this document, a person can select someone who will make financial decisions on the person's behalf should the person be physically or mentally unable to do so. Without a power of attorney, guardianship must be ordered by the court, which can be costly both in time and money. However, it is important that this document is both current and comprehensive. A durable power of attorney should contain proper provisions with regards to transfers or Medicaid planning.

Contemplating elder law issues during one's lifetime

When it comes to end of life issues, many people are in denial and do not consider their options and thus the medical profession may exercise extra ordinary measures to keep you alive. A person must exercise their legal right to their end of life issues while they are still able to do so.

More people in New Jersey, nationwide, becoming 'elder orphans'

As people in New Jersey reach their elder years, living alone becomes more difficult. People who were once able to live independently now may find that they need assistance taking care of themselves and their homes. Some people may even need in-home health care. It can be a blow to one's ego to find that they need help with basic activities, but it is something that a person should anticipate might happen to them some day.

Programs are available to help with elder care costs

The Alzheimer's Association reports that of adults above age 65, one in nine have Alzheimer's. This may be a startling statistic to some in New Jersey, but it brings to the forefront the fact that many people in America will have a loved one develop Alzheimer's at some point in their lives. In addition, many elderly people suffer from dementia, which can affect their memory, personality and ability to reason.

New Jersey law on home care facilities could affect elderly

Since 2004, New Jersey home care service agencies that did not provide medical care have been governed by state laws and regulations. However, legislation passed in 2014 broadened the requirements of these facilities, stating they need to be accredited and could be audited by certified public accountants. These requirements may increase how much people must pay for home care for the elderly.

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