New Jersey Elder Law Attorneys

Living well into old age is a privilege, particularly when you can stay healthy and active and avoid any health issues that leave you physically or cognitively impaired. Planning for the future becomes increasingly important as we age, considering the high cost of healthcare and long-term care, should that become necessary. Securing Medicare or Medicaid benefits is crucial to ensure you receive the medical care you may need.

The New Jersey elder law attorneys at Kitrick, McWeeney & Wells, LLC have a thorough understanding of our elder law clients’ unique needs. Our attorneys will discuss the complex legal principles in a way that is easy to understand.  We will provide the highly skilled and dedicated legal counsel you deserve.

What Legal Issues Do Elder Law Attorneys Address?

A range of legal issues can arise as we age, from planning for retirement to major end-of-life decisions. It is highly recommended that you discuss any questions or concerns with an experienced New Jersey elder law attorney. The following are examples of some of the issues that an elder law attorney will address:

Elder Law

• Long-term care planning
• Veterans benefits
• Medicaid planning
• Medicaid review
• Medicaid applications
• Care coordination
• Guardianships
• End-of-life decisions

Estate Planning

• Last will & testaments
• Powers of attorney
• Trustee services
• Living trusts
• Trust administration
• Asset protection

Estate Administration

• Probate administration
• Estate mediation
• Administrator appointment
• Executor services
• Debts, creditors, and probate

What Do I Need to Know About Medicaid?

Also known as NJ FamilyCare, Medicaid provides healthcare coverage to New Jersey residents who cannot afford private coverage, provided they meet the income and asset qualifications and are disabled or blind. Many seniors on a fixed income would need to wipe out their life savings to pay for skyrocketing costs of healthcare and private coverage. To qualify for Medicaid, you must meet the following criteria:

• You must be a New Jersey resident.
• You must be a U.S. Citizen or qualified non-citizen.
• You must be 65 years of age or older.
• You must meet the current income and asset limit.
• You must have high medical bills or receive Supplemental Security Income (SSI).

Proper Medicaid planning allows you to take the necessary steps to take control of your finances so that you do not have to take on the financial burden of long-term health care. This will also ensure that your loved ones do not have to figure out how to get you the treatment that you need if you become sick or disabled. In addition, planning allows you to protect your assets so that you do not have to use that money towards your health care to be eligible for Medicaid. If approved, Medicaid offers the following benefits:

• Routine medical care and healthcare support.
• Emergency medical care.
• Hospital inpatient and outpatient care.
• Long-term care in a home agency or nursing facility.
• Medical supplies.
• Transportation to and from medical appointments.

Why Would an Application for Medicaid Be Denied?

There are several reasons why an application for Medicaid is denied. You may be able to avoid this from happening if you are aware of some of the reasons for a denial, which include the following:

• Your application was incomplete or contained incomplete information.
• You have too many financial resources.
• You may not qualify for Medicaid if your condition is not serious enough.
• Your caseworker misreported or misunderstood your case.

What If My Application for Medicaid Is Denied?

If you applied for Medicaid but were denied, you may challenge the decision by requesting a Medicaid fair hearing. This is an appeal to request that your application for Medicaid be reviewed. You may appeal for a fair hearing if the following situations apply:

• You were ruled ineligible for Medicaid.
• Your Medicaid coverage was denied, suspended, reduced, or stopped.
• Your Medicaid request was delayed, or you did not receive a response.
• Your request for home care hours was dismissed.
• Your request for additional home care hours has been denied.
• Your request for Licensed Practical Nurse hours was denied.
• Your request for additional Licensed Practical Nurse hours was denied.

What Is Guardianship?

Guardianship is a legal arrangement where a court-appointed person acts on behalf of another person who is incapacitated. While it is never easy to see a loved one suffering from a disability, taking proactive steps to ensure that guardianship is in place can prevent a great deal of heartache and confusion, particularly if there is no power of attorney or healthcare proxy in place. If the incapacitated person needs assistance meeting their personal, financial, or property management needs, certain entities may serve as guardians, including the following:

• Blood-related family members
• Marriage-related family members
• Friends or neighbors
• Social services, case management, adult protective services, not-for-profit institutions, or other community guardianship programs

When Do I Need to Start Estate Planning?

For many people, the thought of estate planning and making important decisions about how your assets, properties, and other items of value will be passed on after you pass away is overwhelming and something they put off. However, the sooner you start the estate planning process, the sooner you will have a plan that reflects your wishes, ensuring that your assets and the long-term financial health of your family are protected. In addition, this will help avoid making these decisions after something happens and your health is compromised. A highly skilled New Jersey elder law attorney will assist you with every aspect of estate planning and provide the highly skilled and personalized legal services you deserve.

The New Jersey Elder Law Attorneys at Kitrick, McWeeney & Wells, LLC Advocate for Clients in All Areas of Elder Law

If you or a loved one requires assistance with estate planning, accessing healthcare, or any other aspect of elder law, do not hesitate to contact the New Jersey elder law attorneys at Kitrick, McWeeney & Wells, LLC. Our experienced and dedicated legal team will help you navigate the complexities of various legal matters. To schedule a consultation, call us today at 732-920-8383 or contact us online. Our offices are located in Manasquan and Brick, New Jersey, where we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.