When do you need to bring in an elder law attorney?

Elder law attorneys are an invaluable source of knowledge, assistance and compassionate support in a wide range of circumstances in which the elderly are vulnerable or require specific services. Here are some examples from leading New Jersey attorneys:

  • Assistance with Medicaid: Like all state and federal insurance and support programs, Medicaid can be very complex to navigate if you don’t have legal expertise on your side. Issues such as planning ahead to ensure you qualify for Medicaid, avoiding spousal impoverishment, ensuring you have a comprehensive long-term care plan in place and understanding penalty and look-back periods are all things elder law attorneys can assist you with – giving you essential peace of mind.
  • Establishing a legal guardianship: Legal guardianship, also known as a conservatorship is a route available for families and caregivers which allows a specific person (a guardian) to act on behalf of the elderly person in their care to ensure their wellbeing. These guardianships are only granted under specific circumstances and are designed to ensure the elderly person’s health, safety and welfare needs are met, and that his or her rights are protected at all times.
  • Medical and financial Power of Attorney: These documents will ensure that a trusted person of your choice carries out medical care and financial decisions in line with your preferences in the event you can no longer do so. In addition, your estate plan can include an updated Last Will and Testament or a Living Trust, should you require it.
  • Asset protection and estate planning: Due to reduced earning power, it is important the financial assets of your elderly family member are properly protected in a way that is in line with their estate planning goals. Your attorney can assist you with creating or updating a Last Will and Testament, Trusts and other estate planning documents.

Let leading elder law attorneys in New Jersey assist you today

At Sedita, Campisano & Campisano, LLC, we have over 30 years of experience in New Jersey elder law and can assist you and your loved one with:

  • Medicaid planning.
  • Accessing Medicaid and Medicare benefits.
  • Accessing state and federal veteran’s benefits.
  • Drawing up estate planning documents, including a financial Power of Attorney, a healthcare proxy and medical directives.
  • Drawing up a Last Will and Testament.
  • Establishing a NJ legal guardianship.

With our expertise and compassion, we can help your loved one grow older with dignity, in comfort and with proper peace of mind. For a free consultation, please contact us today.

How to prevent a dispute over your estate

It’s a well-known story – there’s a death in the family and, when The Last Will and Testament is read, the fights begin. Although this tale isn’t true for many families, it can be devastating when it does, so taking certain steps to ensure it doesn’t happen is important, say New Jersey estate planning attorneys.

  • Remove the element of surprise: It might sound unusual, but talking about your Will and who gets what does a lot to avoid unpleasant surprises after your death. Expecting to receive a certain family heirloom or treasured item when it’s actually going to someone else can lead to hurt feelings and disappointment at an already emotional time. Simple explanations of your decisions help communicate to your loved ones that you aren’t giving something away out of anger or by mistake, creating understanding and avoiding conflict.
  • Have an up-to-date estate plan: Throughout your life, situations, assets and relationships will change – so keep your estate plan regularly updated in line with your current lifestyle and needs. Remember to update your medical directive, financial power of attorney and other documents along with your Will, so that you have a comprehensive estate plan in line with your wishes.
  • Choose the right executor: Being an effective executor is more about having a specific skillset rather than fulfilling a specific role in your family, so don’t choose your eldest child (for example) by default if he or she doesn’t seem up to the task. Look for someone who is honest, highly organized, a good communicator and is able to separate their emotions from their job. If no one in your family seems quite right for the task, choose a qualified, professional executor like an attorney.
  • Be specific: If you want certain conditions put on selling or using assets within a trust, be as specific as you can. This is important for keeping heirlooms in the family rather than selling them off, or keeping certain assets in the trust until minors are of the right age to access them. A good idea is to speak to your attorney about clarifying these goals in clear legal terms that cannot be disputed, avoiding uncertainty for the new trustee and misuse of assets and funds.

Easy, affordable estate planning with NJ attorneys

At Sedita, Campisano & Campisano, LLC, we have over 30 years of experience in New Jersey estate planning law. We can assist you in creating a Last Will and Testament, Power of Attorney and medical directives, as well as set up trusts appropriate to your specific needs. Contact us today and let us deliver expert estate planning advice to take care of all your wishes – whether your estate is big or small.

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