Elder Law Archives

March 11, 2025March 7, 2025

Managing Insurance Disputes in Elder Care

When insurance disputes arise in elder care, the stakes are high. Delays and denials can affect access to essential healthcare, long-term care, and financial stability—placing undue stress on seniors and their families. Whether dealing with Medicaid, Medicare, or long-term care insurance, navigating the claims process can be overwhelming.

For more than 40 years, SCC Legal has been a trusted advocate for New Jersey families. Our elder law services include estate planning, Medicaid applications, power of attorney, and long-term care planning. If you’re facing an insurance dispute, we can help you understand your rights and fight for the coverage you or your loved one deserve. In this article, we’ll discuss common elder care insurance disputes, their causes, and how to successfully appeal denied claims.

Understanding Your Rights in Elder Care Insurance

The decision to purchase elder care insurance, including long-term care insurance, should be made in consultation with family members or a knowledgeable legal advisor such as SCC Legal, as it has extensive legal and financial consequences. The Older Americans Act (OAA) helps older adults maintain maximum independence, remove barriers to economic and personal independence, and provide a continuum of care for vulnerable elderly persons. Eldercare rights are protected by, among others, the New Jersey Long-Term Care Ombudsman.

Different Types of Disputes in Elder Care

Estate disputes, long-term care provider disputes, and Medicaid eligibility disputes are some of the different types of disputes in elder care. A comprehensive estate plan is essential to prevent parties from challenging the validity of a will, trust, or power of attorney. Long-term care providers can dispute an insurance claim based on whether an insured person meets the medical criteria for benefits. To receive Medicaid benefits, older adults must pass tests related to income and assets, which can lead to disputes.

Common Causes of Insurance Disputes in Elder Care

Insurance, whether Medicaid or private long-term care, is highly regulated. However, a policy’s fine print or the service provider’s policy language interpretation can lead to a denial of benefits. Insufficient evidence or documentation is one of the most common reasons care insurance claims are denied. It is also important to be consistent when applying for Medicaid, as it is complex. At SCC Legal, we routinely file and process Medicaid applications on behalf of clients and understand the intricate rules of elder care insurance.

Appealing Insurance Denials for Elder Care Services

There are several steps to take when appealing insurance denials. Ask the service provider to provide more information if it is unclear why they denied your claim. Thereafter, you can appeal by providing clarification or additional information, if relevant. Consulting with an elder care lawyer such as SCC Legal will assist you in navigating the appeals process and ensure your rights are upheld.

For more information on elder law, or if you require legal assistance with elder care insurance disputes in NJ, please contact our team at SCC Legal or visit us at: https://www.scclegal.com/

January 14, 2025April 3, 2025

Addressing Ageism in Healthcare: Legal Rights and Protection

Ageism in healthcare is a troubling reality for many older adults, often affecting the quality of care they receive and their overall well-being. From dismissive attitudes to inadequate treatment options, the impact of age-related bias can be profound. Fortunately, laws like the Age Discrimination Act of 1975 exist to safeguard seniors’ rights, ensuring they are treated with dignity and fairness in programs or activities that receive federal funding.

At SCC Legal, we are committed to advocating for the rights of older adults and their families. With over 40 years of experience in elder law, we provide personalized legal solutions, whether it’s drafting an advanced healthcare directive, navigating Medicaid planning, or addressing age-related discrimination. In this article, we explore the roots of ageism in healthcare, its consequences, and actionable ways to combat it.

What is Age Discrimination in Healthcare?

The National Institute of Aging (NIH) states that the term “ageism” was first used in 1969 by Robert N. Butler, M.D., a renowned American physician and the first director of the NIH. But what is age discrimination in healthcare? It is a form of discrimination where patients don’t receive the same level of care as an average person would, simply due to their age. This could take the form of dismissing or ignoring treatable concerns that would be checked out immediately in younger patients.

Causes of Ageism in the Healthcare Industry

Ageism is rooted in a lack of knowledge and training, stereotyping, and prejudice. Millions of senior adults use the healthcare system, but very little time is allocated to studying and understanding this patient group during medical training. Our society applies generalizations to older people that are not necessarily correct. People also have internal prejudices towards aging, which influences their treatment of senior adults seeking healthcare services.

What are Some Examples of Age Discrimination in Healthcare?

Older patients are under- or over treated by doctors who mistake acute medical conditions for normal aging. Avoidable pain, depression, and anxiety are ignored rather than treated. Doctors and other medical professionals don’t discuss memory loss with patients, limiting early treatment for dementia. Older adults are not included in clinical trials. Doctors attribute bruises to medication side effects rather than possible elder mistreatment.

How to Reduce Ageism in Healthcare

An article by the American Medical Association (AMA) highlights that the industry is aware of the impact of ageism on patients. It also states that older physicians experience age discrimination. How can you reduce ageism in healthcare? Understand your rights are under laws such as the Older Americans Act (OAA) and other legislation. Draw up a Living Will (advanced healthcare directive) to be clear about your preferences when you are physically or mentally unable to make healthcare decisions. Speak up about healthcare discrimination when you experience it. Seek legal advice when necessary.

For more information on areas of elder law, estate planning, and guardianship in NJ, or if you want to discuss protecting yourself or a loved one against ageism in healthcare, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

November 18, 2024November 20, 2024

Guardianship vs Conservatorship vs Power of Attorney

Do you want to clarify the differences between guardianship, conservatorship and power of attorney? There are key differences after all, and you need the assistance of a knowledgeable and compassionate lawyer to make the right choice. Do you need to establish legal guardianship in NJ for minor children, someone elderly, or a person that is long-term disabled? At SCC Legal, we have dealt with all kinds of guardianship and conservatorship issues on behalf of families and caregivers. In this article, we discuss conservatorship, guardianship, and durable power of attorney and highlight their distinct features and differences.

What is Conservatorship?

What is conservatorship in New Jersey? The courts appoint a person to act as a conservator for an adult who does not require the protection of legal guardianship, but does need assistance to manage their affairs. It is a voluntary process where the protected person (conservatee) agrees to the conservatorship, or the courts will reject the application. A conservator’s authority is limited and includes filing income tax returns, paying debts, and entering into contracts on the protected person’s behalf.

What is Guardianship?

Guardianship is also known as legal guardianship and gives a person or agency legal authorization to act on behalf of a minor or incapacitated adult to protect their rights and ensure their health, safety, and welfare needs are met. New Jersey allows two types of guardianship: general and limited. General guardianship protects people found to be incapable of expressing or making decisions, while limited guardianship covers decision-making around financial, legal, medical, vocational, educational, and residential matters. SCC Legal has the expertise required when you want to obtain legal guardianship of an elderly or disabled person.

What is a Durable Power of Attorney?

Power of Attorney’s (POAs) are not durable by default in New Jersey. The law requires a specifically worded statement produced by an experienced NJ estate planning attorney. What is a durable power of attorney? It is POAs that retain their effectiveness even after the person becomes ill or incapacitated. Estate plans generally include a financial POA and a medical POA. A financial POA protects your interests and assets when you cannot manage your financial affairs, while a medical POA allows someone to make medical decisions on your behalf.

What are the Differences Between a Power of Attorney and a Guardianship/Conservatorship?

One of the main differences between a power of attorney and guardianship is that the POA is generally part of a person’s estate planning process while they are deemed sound of mind. You are proactively choosing who will be managing your affairs if you become incapacitated and clearly state your preferences. Guardianship and conservatorship applications, on the other hand, are made by someone else when they feel you cannot make sound decisions due to mental or physical incapacity. Do you want to minimize the potential for conflict between your loved ones? Work with the SCC Legal team to create a comprehensive estate plan.

For more information on estate planning, elder and guardianship law in NJ, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

August 23, 2024November 20, 2024

Strategies to Combat Elder Financial Exploitation Legally

Elder financial exploitation is an ever-growing problem, according to the FBI. They report that in 2023, scams targeting individuals aged 60 and older resulted in over $3.4 billion in losses and that the average elder fraud victim lost $33,915 due to these crimes! Caring for the elderly is a sacred trust SCC Legal takes very seriously, as we’ve been serving families in New Jersey for over 40 years. Our attorneys can help with every kind of challenge related to elder law and elder care, including estate planning and legal guardianships.

In this article, we share common scams targeting older adults, how to report elder financial abuse, and how our team can help if you or a loved one is involved in this type of predicament.

Types of Financial Scams That Target Seniors

The National Council on Aging (NOA) identified five financial scams representing the largest percentage of reported scams targeting seniors. They are:

Government impersonation scams
Sweepstakes and lottery scams
Robocalls and phone scams
Computer tech support scams
The grandparent scam

Unfortunately, many of the scams go unreported, but all of them have a devastating effect on older adults. Elder financial abuse can also be committed by close family, extended family, or caregiving staff who take money without permission, don’t repay what they owe, charge too much for services, or don’t perform the duties they are paid for.

How to Report Elder Financial Abuse

Are you wondering how to report elder financial abuse? There are local, state, and federal resources to whom you can turn. The Consumer Financial Protection Bureau (CFPB) highlights Adult Protective Services (APS), the National Adult Protective Services Association (NAPSA), the Area Agency on Aging (AAA), the Aging and Disability Resource Center (ADRC), the Long-Term Care Ombudsman Resource Center, and law enforcement.

When you report elder financial abuse, provide information such as the time, date, and location of the incidents, when you started to notice the changes, a description of the suspected financial abuse, and whether you believe there is an urgent risk of danger.

How to Prevent Elder Financial Abuse

It is difficult to prevent elder financial abuse, but there are ways you can reduce the risk of financial exploitation. Stay connected with your loved one via video chat, phone calls or other means of communication, which is especially important when you cannot visit them personally. Familiarize yourself with the policies and procedures of the assisted living community or nursing home they live in. Ask financial institutions if they offer free training on preventing fraud, and build awareness by sharing with others what you know.

How a NJ Elder Law Attorney Can Help the Recovery Process

There are many laws against the financial exploitation of elders, including the NJ Adult Protective Services Act (APS). An SCC Legal elder law attorney will determine which law is relevant to your situation and provide the necessary guidance for the recovery process. There might come a time when you feel legal guardianship in NJ is the only way to protect your loved one and their financial assets. The state of New Jersey allows general guardianship and limited guardianship. A lawyer at our firm is ready to help you through the potentially complex and stressful application process.

For more information on elder law, or if you want to establish legal guardianship to combat elder financial exploitation, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

July 22, 2024November 20, 2024

A Family Guide to Legal Guardianship in New Jersey

The decision to request legal guardianship in New Jersey is never taken lightly. It is complicated and can be costly as you are required to pay for assessments rendered by a competent, court-recognized psychologist and physician, amongst other expenses. The process is also governed by comprehensive statutes, case law, and court rules specifically written to protect minor children, long-term disabled adults, and the elderly. SCC Legal has extensive experience dealing with a range of minor children and adult guardianship issues on behalf of caregivers and families.

We discuss legal guardianship, the accompanying responsibilities, how to become a legal guardian and share why it’s vital to include various power of attorneys (POAs) in your estate planning.

Understanding Legal Guardianship

Legal guardianship means a person or agency is legally authorized to act on behalf of an incapacitated adult or minor to ensure their health, safety, and welfare needs are met and their rights protected. A person cannot be declared incapacitated because they make irresponsible decisions. There must be proof that their actions are causing financial loss, and could lead to life-threatening injuries or death.

The process of obtaining legal guardianship is complex and a lawyer from SCC Legal can guide you through the process.

What Are the Responsibilities of a Guardian

The state of New Jersey allows for General Guardianship and Limited Guardianship. Both come with distinct guardianship responsibilities guided by the capacity of the person for whom you are appointed as a guardian and generally relate to the person’s medical, legal, financial, residential, educational and vocational matters. A guardian must maintain sufficient contact with the protected person to understand their limitations and capabilities. Under general guardianship, you make all the decisions on a person’s behalf, while limited guardianship requires consultation with the individual as far as their abilities allow them to make informed choices.

How to Become a Legal Guardian in New Jersey

Are you wondering how to become a legal guardian for an older adult? The New Jersey Bureau of Guardianship Services manages all legal guardianship issues in the state. Applying for guardianship requires a court proceeding, and you first need to obtain reports from two doctors, a medical doctor and a psychologist, who examined the person you feel is incapacitated. Several further steps are required, with legal timelines, before you appear in court. The laws are comprehensive, and although you can apply directly, it’s best to appoint an attorney to guide you through the guardianship process.

Guardianship vs. Power of Attorney in NJ

When you look at guardianship vs power of attorney, it is always better to ensure you and your loved ones have a durable financial power of attorney (POA) and a durable medical POA included in your estate planning documentation, which SCC Legal can help with. It should be done while you are clearly capable of making sound decisions for yourself. If these documents are unavailable, and it is determined that the individual lost their decision-making capacity, a family member must go through the extensive guardianship application process.

For more information on elder and estate planning law, or if you want assistance with legal guardianship in New Jersey, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

July 8, 2024November 20, 2024

Understanding Durable Power of Attorney in New Jersey for Seniors

We live our lives and don’t realize the necessity of a durable power of attorney until we start noticing that the person we admired our whole life is struggling. It could be a partner, elder parent or senior family member who forgot to pay the bills for a second month, and when you ask about it, they assure you the payment was made. Or they fall ill, and you want to choose the best medical care possible for them but can’t because you don’t have a power of attorney (POA).

When you need an experienced elder law attorney in NJ, SCC Legal is ready to help. We have more than 40 years of experience and often encounter circumstances where a power of attorney would have changed the whole outcome of a situation. In this article, we share how a POA fits into estate planning, why you or a loved one need a financial and medical POA, and how our team can help with the legal steps

Understanding Estate Planning: Power of Attorney

Many people think an estate plan is the same as drawing up a Last Will and Testament. A will is only one part of the estate planning process. The other documents in the estate plan dictate who should make decisions on your behalf while you are still living but incapacitated for various reasons. It includes a healthcare POA or “Living Will” and a durable power of attorney. When your dignity and hard-earned assets are at stake, estate planning cannot wait.

The Role of Power of Attorney in Managing Elderly Care

Do you have strong feelings about being kept alive in certain medical circumstances? Who will make healthcare decisions on your behalf when you are mentally or physically unable to? These questions are answered when you grant someone a medical power of attorney. Also called a “Living Will,” advanced healthcare directive, or proxy directive, it gives you the power to choose who will make medical decisions when you are too ill to make an informed choice.

Financial Power of Attorney: Protecting Your Assets and Interests

Protect your assets and interests with a financial POA before you become ill or incapacitated, as it comes into effect when you cannot manage your financial affairs. You can select which matters the person you nominated can oversee, including tax matters, real estate transactions, operation of a business entity, or stocks and bonds. Ensure the person nominated for your financial power of attorney is aware of your medical POA preferences if they are not the same nominee.

Power of Attorney in New Jersey: Legal Steps and Considerations

In New Jersey, a POA is not durable by default. The law requires a specifically worded statement, and it’s best to appoint experienced NJ estate planning attorneys, when you are setting up a POA. There are several steps to take before a durable power of attorney is legal in NJ.

Complete a financial POA form and medical power of attorney forms.
Sign the Power of Attorney’s document in the presence of a Notary Public.
Keep the original in a safe place where your loved ones can easily access it, and remember to share the details with them.
File a copy with the County Clerk’s office and give one to the person you nominated.

For more information on elder law, or if you want assistance with a durable power of attorney in NJ, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

November 14, 2023November 8, 2023

How to Protect Your Assets from Nursing Home Costs

Many of us will have to make the tough decision to place a senior loved one in a nursing home when they become unable to care for themselves. Given the fact that the cost of nursing homes can be as much as $8,000 a month, it’s important to know how to protect your assets from nursing home costs. If you’ve started discussing nursing home care with your family, that means it’s also time to consult a local elder law attorney. Crafting a long term care plan with your elder lawyer can help you ensure the future wellbeing of your senior loved one – and even yourself when the time comes.

The Importance of Early Asset Planning for Nursing Home Care

Whether it’s for yourself or a loved one, It’s crucial to be realistic about the full financial situation when planning for nursing home care. This doesn’t mean how much income you bring home every month, it means totalling all of your assets including properties, businesses, cars, stocks, savings accounts, 401ks and more. In order to best plan for your long-term care, the elder law attorney you hire needs to understand the full size and scope of your assets portfolio.

Understanding Medicaid Eligibility and Asset Limits

Once you reach a certain age you might be eligible for Medicaid, which provides free or low-cost healthcare to those who qualify. Applying for Medicaid can be a confusing and complicated process, and you’re required to disclose financial information like income and assets. This information is used to assess your eligibility, and if you’re above the threshold set by the government, you may not qualify. An elder law attorney can talk you through the application process and advise you on your eligibility based on your assets.

Working with an Elder Law Attorney

Hiring an experienced elder law attorney is always recommended when planning for nursing home costs or related long-term health expenses. They can ensure your assets are protected and won’t be leveraged against nursing home costs. Elder lawyers can assist with Medicaid applications and eligibility. They can also help you budget health costs for your senior loved one.

Estate Planning Techniques to Protect Your Assets

Give your loved ones financial gifts now, because even if they don’t need it, they can undoubtedly use it in the future and it will provide them with a bit of extra security. There’s no need to hang on to your money when you have more than enough for yourself.
Transfer your assets into an annuity. This is a way to make yourself eligible for Medicaid, but speak with an estate planning attorney before moving any assets or money.
Set up an irrevocable trust. This is often viewed as the ultimate form of financial protection. If you are someone with a large estate, this is an ideal option to consider.

For more information about how to protect your assets from nursing home costs, or if you have any questions about elder law and estate planning, please contact our team at SCC Legal today or visit our website at: https://www.scclegal.com/

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/