Elder Law Archives

September 5, 2023September 7, 2023

How to Get Power of Attorney for Aging Parents

Planning for our parents’ future and ensuring their well-being become increasingly important as they age. Creating a power of attorney is a critical component of this planning. The legal right to make decisions on behalf of another person, known as the principal, is granted through a power of attorney. It’s important to understand the process and the many powers of attorney available if you’re looking for information on how to obtain power of attorney for your elderly parents.

In New Jersey, if your parents are mentally capable of understanding and making decisions, you can seek power of attorney for them later on. It is best to have these conversations and make the appropriate plans before any mental capacity deterioration occurs. It’s crucial to take action as soon as you can because waiting until a parent becomes incapable may lead to further legal complications and the requirement for guardianship proceedings.

What Kind of Power of Attorney Is Needed for My Aging Parent?

You must choose the right kind of power of attorney for your elderly parents, depending on their unique requirements. The two main types of powers of attorney are as follows:

General Power of Attorney: A general power of attorney gives the agent extensive discretion to handle a range of financial and legal matters on behalf of the principal. To guarantee that the agent acts in the principal’s best interests, creating explicit rules and restrictions is essential.

Durable Power of Attorney: If the principle of a durable power of attorney loses mental capacity, a power of attorney continues to be valid. To facilitate a smooth transition of decision-making authority in the event of cognitive deterioration, this sort of power of attorney is advised for elderly parents.

Depending on the specific situation and required level of authority, one should choose between a general and a durable power of attorney. Speaking with an experienced elder law attorney is recommended to evaluate which form would be best for your elderly parents’ circumstances.

Navigating The Power of Attorney Process

There are several crucial stages involved in obtaining power of attorney for your elderly parents. Here is a general description of what happens:

Start the Discussion: Talk with your parents about their future goals and preferences for appointing an agent. Having open and honest conversations with them about their concerns will ensure the process is as smooth as possible for everyone involved.

Select an Agent: The principal must choose a dependable person to serve as their agent. This person must be trustworthy, accountable, and able to make choices that are in their best interests. Talk about your decision with your parents and ensure they know the duties and authority given to the agent.

Draft and Sign the Power of Attorney Form: To create a power of attorney document that is accepted by the law, you need to work with an experienced lawyer in your state. The agreement must comply with New Jersey law and detail the agent’s authority responsibilities. The document must be created, signed, and notarized as state law requires.

Inform all Necessary Parties: Provide information regarding the power of attorney agreement to appropriate persons, including financial institutions, healthcare providers, and other relevant organizations. Ensure they understand and recognize the agent’s authority, and give them copies of the document for their records.

How SCC Legal Can Help Your Senior Parents in NJ

Obtaining power of attorney for elderly parents can be challenging and requires attention to detail. The knowledgeable lawyers at SCC Legal, who focus on elder law, can provide appropriate direction and guarantee that all legal requirements are completed. We offer complete legal services that are tailored to the unique requirements of senior citizens and their families.

Contact us today to see how we can assist you in navigating the process and securing power of attorney for your aging parents in New Jersey or visit our website for more information at: https://www.scclegal.com/

June 13, 2023June 20, 2023

Why Should You Hire An Elder Lawyer?

Do you know all the areas in which working with an elder lawyer can benefit you? Elder law attorneys help their clients with a variety of issues ranging from Medicare applications to long-term care plans to creating a will, and hiring one can help you navigate many of life’s unexpected events. Here are just a few reasons why you should hire a NJ elder lawyer now to help you in the future.

You Require Assistance With Medicaid or Medicare

Medicaid and Medicare applications are notoriously complex to fill out. The worst part is if you submit an erroneous application, you have to start all over again from the beginning. An attorney can help you gather the necessary documentation, provide the required information, and ensure you meet all deadlines to give your application the best chance to succeed. The sooner you get Medicaid or Medicare coverage, the better.

You Need To Manage Your Estate

Estate planning is one area of specialty for elder lawyers. Despite popular belief, you don’t need to be a senior citizen to get started with managing your estate. It’s recommended that people of all ages work with an estate planning attorney to create a will, and you’ll need to manage your will as the years go by. This includes updating it when you acquire a new property, inherit money or other assets, get married, get divorced, or have children.

Long-Term Care Decisions Have To Be Made

No one wants to think about going into long-term care, but for many of us it very well may be our reality. Whether you want to move in with family or move into a senior living community, you’ll need to make certain financial, legal, and medical decisions to ensure you have the smoothest transition possible. An elder lawyer can walk through all of the possible scenarios with you and help you decide what’s the best route.

Power Of Attorney

Power of Attorney is a legal document that gives someone else the legal power to act on your behalf when you’re no longer able to, whether it’s for financial decisions, medical decisions, or other decisions. You’ll need to designate the person you want to act on your behalf, and your elder attorney will ensure that the right person is given primary legal responsibility.

For more information about how our elder lawyers can help you, please contact our team at SCC Legal today or visit our website at: https://www.scclegal.com

May 2, 2023May 3, 2023

How To Claim Guardianship Of A Parent

An individual usually claims guardianship of a parent when the parent is no longer able to make rational decisions for themselves. It’s most often done due to age, illness, or an unexpected incident. However, claiming guardianship of a parent is not always a simple process. Our elder law attorneys in NJ will explain in more detail how it works.

Certifications from Two Physicians that the parent is incapacitated

The first step is obtaining a doctor’s certification that attests that it is their professional and medical opinion that the parent is not competent or mentally sound enough to make decisions for themselves. There is a special form the doctor must fill out when claiming guardianship of a parent.

File An Official Application For Guardianship

The next step is completing the necessary paperwork and filing the application for guardianship in probate court. Once the application has been filed, the court will begin its review process by conducting standard proceedings to approve or deny your application. They’ll investigate your parent and they’ll also investigate you – your financial circumstances, check for any conflicts of interest, and check if you have a criminal background.

Go For The Court Procedures

There will be a hearing to decide the outcome of your application. Both parties – you and your parent – must be represented by an attorney, even if everyone is in agreement with the proposed guardianship application. A judge will review your application, take all of the circumstances into consideration, and make a decision.

Await The Court’s Verdict

While each case is unique and there is no universal timeline, you can expect it to take on average between one to two months from the time your application is filed until the time a decision is reached. If the judge feels they need more evidence or that any of the evidence is unclear, the case can take longer.

Claiming Guardianship in New Jersey

For a guardianship application to be granted, all parties must be in agreement that the parent who is proposed to be under a guardianship is truly not able to care for themselves due to mental impairment or incapacitation.

If you’d like to speak with us about how to claim guardianship of a parent, if you would like more information regarding elder law, please visit us at: https://www.scclegal.com/

January 10, 2023January 3, 2023

Responsibilities Of Plenary Guardianship

Sometimes adults lose the ability to make decisions for themselves due to mental incapacitation from a disease, injury, or illness. When a person’s mental state declines to the point that they aren’t able to understand the choices they’re making, someone needs to step in and assist with financial, legal, and medical decisions. This is called a plenary guardianship – when someone has total control over another person’s decisions.

A plenary guardianship comes with many responsibilities. Let’s take a look at some of the most common elements of a plenary guardianship.

Complete Authority

If complete authority is granted in a plenary guardianship, it means that an individual has the power to make all decisions on behalf of the incapacitated person. These decisions are most often medical, financial, and legal. If you’re drafting your will you can choose who you want to be named as your guardian if a situation arises in which you need one. It’s usually a spouse, an adult child, or a trusted family friend.

Authority Over Estate

Your plenary guardian will have complete control over your estate and all of your assets. If the doctors tell your plenary guardian that it’s unlikely you’ll recover, they can start distributing the estate as directed by your will.

Manages Health

Health decisions are an important part of a plenary guardianship, and you should plan for how you want these decisions made as part of your will. If you don’t, and your guardian doesn’t have any indication as to how you would have wanted to proceed, they’ll make the decisions about your healthcare themselves.

Manages Wealth

Even when your incapacitated, the bills still need to be paid. In a plenary guardianship, your guardian is responsible for your finances, including personal accounts and any businesses you own. It’s essential to appoint someone you trust to be your guardian, especially if you’re an entrepreneur or you own a business, because this person will be in charge of critical financial decisions.

For more information about plenary guardianship, or if you have any elder law questions, please contact our team at SCC Legal today or visit our website at: https://www.scclegal.com/

November 15, 2022November 16, 2022

Exploring Elder Financial Abuse

Unfortunately, elder financial abuse is all too common and we see cases of it frequently. If you want to protect your senior loved ones, it’s best to be aware of what to look out for and how you can prevent any financial abuse from happening. In this article, our elder law attorneys in NJ will outline the signs of elder financial abuse and how to successfully avoid it.

What is Elder Financial Abuse?

According to the CDC, elder financial abuse is, “The illegal, unauthorized, or improper use of an older individual’s resources by a caregiver or other person in a trusting relationship, for the benefit of someone other than the older individual.

This includes depriving an older person of rightful access to, information about, or use of, personal benefits, resources, belongings, or assets. Examples include forgery, misuse or theft of money or possessions; use of coercion or deception to surrender finances or property; or improper use of guardianship or power of attorney.”

Signs of Elder Financial Abuse: What to Look Out For

Elderly people who have some type of cognitive impairment, like Alzheimer’s disease, are the most vulnerable to financial abuse. However, even mentally-sound older adults often fall prey to financial abuse from people they know and trust. Here are several signs to look out for:

Checks written to “cash”
They transfer their assets to friends who are assisting them with their finances
They can’t explain their current financial situation, or they make excuses when you ask
You notice unpaid bills piling up, despite them being able to afford to pay them previously
They start uncharacteristically spending money, or giving it away more frequently

How to Protect Your Elderly Loved Ones

The first step is having a discussion with them about their vulnerabilities. Fair warning, they’ll likely give you resistance on this. Oftentimes, older adults have trouble accepting that they’re not completely in control of their lives anymore. However, it’s a conversation that must be had. When having the conversation, it’s important to reiterate that anyone could fall victim to financial abuse and you are assisting with the situation because you care. To reduce the chances of elder financial abuse, we recommend that seniors simplify their finances, develop a network of trusted people to monitor financial activity, and draft a financial Power of Attorney (PoA) to legally reduce the risk of abuse.

For more information about how to detect and prevent elder financial abuse, or if you have any questions about creating a financial Power of Attorney for your loved one, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

August 2, 2022August 5, 2022

When Is It Time to Hire an Elder Law Attorney?

Elder law attorneys handle a wide range of issues, and despite common misconceptions, you don’t only need to hire an elder law attorney when a loved one is near the end of their life. Attorneys for seniors help with many different aspects of growing older and aging. Having an experienced elder care lawyer on your side can make things much easier for you and your family. Here are some strong indicators that it may be time to hire an elder lawyer:

You Need Help with Medicaid or Medicare

Medicaid and Medicare applications are notoriously difficult. You must meet specific criteria, provide certain documentation, and any mistakes with your application means you have to start over from the beginning. Starting from scratch can cause severe delays to you being accepted and gaining coverage.

Elder lawyers are well-versed in Medicaid and Medicare applications, and they can help you or your loved one complete the application, gather the necessary documentation, and ensure they meet all eligibility criteria before submitting the application.

You Need To Make Estate Planning Decisions

We recommend that people of all ages create an estate plan, but it’s especially important for older adults. Elder law attorneys can assist you with drawing up your living will, trusts, and powers of attorney. These documents are essential and give your family explicit instructions on what to do with your assets when you’re no longer here.

Estate plans are important for everyone, particularly if you have complex finances, a blended family, or numerous assets. Don’t let the court decide what happens to your assets when you’re gone, work with an attorney to create an estate plan today.

It’s Time To Make Long-Term Care Decisions

Many of us will need some type of long-term care at a certain stage in our life. Whether it’s an in-home health aide, an assisted living community, or another type of elder care, it’s important to think about what you want to happen if a time comes when you’re no longer able to make your own healthcare decisions. You need to appoint someone to be your healthcare proxy, and decide who you want making your medical and financial decisions if there comes a point when you can’t.

If you’d like more information about when to hire an elder law attorney, please contact our team at SCC Legal or visit our website at: https://www.scclegal.com/

October 5, 2021September 23, 2021

Guardianship abuse: what it entails and how to avoid it

Guardianship abuse is a type of elder abuse that occurs when a person who has been appointed as a guardian abuses their power. Unfortunately, guardianship abuse is much more common than you might think.

However, there are steps you can take to protect yourself, your family and your assets. Guardianship is an essential part of a comprehensive estate plan, and if you haven’t spoken with an elder lawyer yet, we recommend you do so soon.

Continue reading “Guardianship abuse: what it entails and how to avoid it”

June 24, 2021July 21, 2021

Estate Planning: 5 Crucial Mistakes to Avoid Litigation

With large amounts of money at stake, some otherwise good and kind people can exhibit behaviors that are based on want and greed. At SCC Legal, we’ve seen our share of horror shows in estate litigation cases over our many years handling all aspects of elder law. If there is no last Will or Testament, no proper estate plan in place when mom or dad passes, children or other family members may begin to fight over who deserves, or who controls what assets.

When siblings or other beneficiaries engage in clearly dishonest behavior, or refuse to be transparent during estate administration or guardianship proceedings, other beneficiaries may suspect they are being cheated. Sometimes these remaining children have moved far away and are finding it difficult to keep tabs on the distribution of assets here in New Jersey. In these cases, parties have little choice but to engage a qualified NJ elder law attorney to represent their interests, and protect their rights under the law. For many, it is a matter of tens or hundreds of thousands of dollars that is at risk, if they don’t do something legally, and do it quickly.

How to Minimize Infighting Over Your Estate and Assets

Even with a legal estate executor or administrator these cases can get ugly, ending up in a courtroom. That’s why it’s important to have a DETAILED estate plan in place, especially if you own valuable real estate, significant stock or collectable assets, or a business that needs to survive you. A well thought out estate plan coupled with an EFFECTIVE will, can help ensure your final wishes are met, your loved ones are cared for after your passing and avoids nasty litigation cases that could break up your family – if it is done correctly.

With most things, it helps to know what not to do first. You’d be surprised to see how one simple mistake in your estate plan can end in a costly court battle. Here are five of the most common estate planning mistakes to avoid provided by the SCC Legal team in Fairfield, NJ.

Thinking you’re too young to create an estate plan. Estate planning should be thought of before passing away in order to give you ample time to create a plan you’re comfortable with. As soon as you start to live independently and gather assets, you should start planning your estate. This will ensure your property goes to the people most important to you, who need it most – not to those the state selects.
Excluding the Advance Healthcare Directive. This is a legal document giving the person of your choosing the ability to make healthcare decisions on your behalf should you be unable to. If you have strong feelings about whether you prefer to be kept alive (or not) in certain medical situations like a coma, this is a very important document to consider when creating your plan.
Forgetting to add your business to your estate plan. For many people, their business is more than their livelihood – it’s their passion. However, it is often forgotten about when it comes to estate planning. Consider what would happen to your business if you passed away – who should it go to? Is there someone who can buy it? How will this affect your heirs?
Taking a DIY approach to estate planning. In reality, the technical side of estate planning is very complex – it’s not as simple as leaving certain assets to certain people. The tax side, for example, needs to be managed very carefully in order to ensure the least amount of tax possible is levied on your estate. This will have a significant effect on the outcome of your estate and needs to be addressed by a professional who knows this system intimately and can give you solid advice.
Choosing a problematic executor. This is the person who will be responsible for administering your estate and, as such, should not benefit from the distribution of your estate. It’s very important the chosen person knows you and your family well, supports your views and has the ability to perform their duties without any issues. An estate planning lawyer can help you decide who will fit this position, explain their duties and even help add a third party who can assist the executor, such as a bank trust department.

Avoid Estate Litigation by Using a NJ Estate Planning Attorney

As we mentioned above, estate litigations can destroy relationships between your surviving family members and rack up substantial legal and court costs. The best way to keep your heirs out of this type of situation after you pass away is to ensure you work with a reputable estate planning attorney to create a solid estate plan and last Will or Testament.

Frank Campisano is an estate planning attorney at Sedita, Campisano and Campisano (SCC Legal) in New Jersey, who brings an exceptional level of patience and compassion to this often emotional process. With many years of experience, he can assist you in developing a plan that addresses all your requirements, ensuring your hard work and assets go to the people you love, rather than to the government or other greedy family members. At SCC Legal, trust is the key – and we’ll give you all the time, advice and expertise you need to ensure your wishes are carried out.

For more information about estate planning and litigation, or to book an appointment with Frank Campisano, please contact us today or visit our website at: https://www.scclegal.com/

June 3, 2021June 9, 2021

What happens to my business when I die?

As a small business owner, you undoubtedly have a lot on your plate. There’s the day-to-day operations of running your business, managing your staff, budgeting, inventory, and much more. With your busy schedule it can be easy to forget about succession planning, but it’s an important question all business owners must ask themselves: What happens to my business when I die?

We often hear about the importance of planning for your personal estate, but small business owners must also have a plan in place for their businesses. Having a clear succession plan in place helps avoid confusion, litigation, and disputes when you are no longer here. Lawyers who specialize in small business law can help you create and secure a succession plan that ensures your business is run exactly the way you desire.

How to find the right small business lawyer for you:

Ensure your lawyer specializes in succession planning. There are many types of small business lawyers: bankruptcy, compliance, trademark, copyright, litigation, and more. You want an attorney that specializes in helping people plan for what happens to their business after they pass away. It’s especially important if you own a large business with multiple locations and many employees.
Make a list of your company’s needs. Your industry, the size of your business, the number of staff, and the number of locations will all be factors in your succession plan, so we recommend working with a firm that has experience with companies that are similar to yours. It may be worth asking fellow owners in your industry if they have any recommendations.
Come to the initial meeting with all your questions ready. The lawyer you meet with should be able to provide answers that are more than satisfactory. If the firm is experienced then they’ll be able to tell you exactly how they’ll help you, and what your options are.

Make a plan with a New Jersey business lawyer

We know it can be unpleasant to think about end-of-life issues, but you’ve worked so hard to get where you are and the legacy of your business should be treated like the valuable asset that it is. Whether you own a small, family-run business or a larger, franchised company, it’s crucial to make decisions about succession planning.

For more information about succession planning, or if you have any estate planning questions, please contact our team at SCC Legal today. As both an elder law firm and small business firm, we are uniquely positioned to help you navigate the succession planning process. Discover why so many small business owners in New Jersey choose us as their trusted counsel.

April 6, 2021May 13, 2021

The Duties of a Will Executor

It’s never too early to create an official will. Even though it’s not something most of us want to think about, it’s a necessary part of life. When drawing up your will you’ll also need to nominate an executor, which raises the question: what exactly does being an executor for a will include?

Choosing a will executor

An executor is the person who carries out all of the instructions in your will when you’re no longer here. Think of your will as a map, and the executor is nominated to be the navigator. The person you choose to be your executor should obviously be someone you trust, but are there any other important factors to consider?

We recommend choosing someone who is adept at paperwork and managing legal issues, especially if you have a large or complicated estate. Your executor doesn’t necessarily need a legal background, but they need to be able to handle various legal obligations. Additionally, you can choose more than one executor if you feel it’s best to split the duties.

People commonly named as executors include one child or multiple children, a niece, a nephew, an adult grandchild, or a close family friend. If you don’t have anyone in your life who you want to nominate as your executor, please speak with your attorney, so they can discuss other options with you.

What is a will executor responsible for?

Depending on the contents of your will, your executor will be responsible for:

Registering your death
Organizing your funeral
Paying any inheritance tax
Having your estate valued by an appraiser
Applying for probate
Sorting out your finances and distributing your assets as you requested in your will
Following any other additional instructions in your will

You can see why it’s important to choose a responsible person you trust to be your executor, as this is a responsibility that should be taken very seriously.

Planning for senior healthcare and more at SCC Legal

Regardless of your age, we recommend planning for your senior years as soon as possible. An experienced elder law attorney can help you create a will, plan for your health care, provide assistance with Medicaid planning, and much more. Having a plan in place makes things a little bit easier on your loved ones when you’re no longer here, and it avoids what can become long, frustrating legal battles among family.

For more information about how our team at SCC Legal can help you in all matters of elder law, including senior healthcare and Medicaid planning, please contact us today. Choosing an executor for your will is an important task and we are glad to offer our professional advice, every step of the way.