specialneedsnj.comFriedman Law | New Jersey Elder Law

Attorneys laf@specialneedsnj.com 908-704-1900 Attorneys Lawrence A. Friedman Mark R. Friedman Certified Elder Law Attorney Elder Law Medicaid Applications Medicaid Planning QIT Medicare Facility Issues CCRC’s Adult Guardianship Elder Law Q&A Special Needs Disability Benefits Special Needs Trust Lawsuits / Settlements Medicare Set-Aside Guardianship Will / Estate Planning ABLE Accounts Special Needs Q&A Wills/Trusts/Tax Your estate plan and Will Health Directive / POA Estate Tax, Inheritance Tax & Estate Planning Probate & Will Contests Wills/Trusts/Tax Q&A Articles Articles Useful Links Blog Testimonials Events Contact ELDER LAW FriedmanLaw’s elder law work helps seniors limit long term care costs and taxes, plan for retirement, get the most from Medicare, Medicaid and Social Security, prepare power of attorney and other legal documents, and address the many elder law issues seniors may face. If my spouse or parent has to enter a nursing home, how can we protect assets? Medicaid can pay for nursing home care, but it’s very hard to navigate the requirements without expert advice. We often help seniors qualify for Medicaid to fund long term care without destroying family finances. Read More Will Medicaid help me pay for assisted living or in-home care? Medicaid can cover assisted living and home care in certain circumstances, but you’ll need to comply with strict requirements. Read more What should I do if my loved one’s mental abilities deteriorate? If your loved one becomes confused or forgetful, an intrusive and expensive guardianship could be the only option unless a Power of Attorney and Advance Healthcare Directive are in place. These documents can avoid the need for guardianship and allow you to address elder law concerns like medical and financial affairs. A Power of Attorney and Advance Healthcare Directive can only be signed by someone who still has basic mental capacity, so it is best to get started as soon as possible. Read more How can I get the most out of my Social Security, Medicare, or long term care insurance? Social Security, Medicare, and long term care insurance present myriad elder law options, and expert counsel may be essential to determine which choices will most benefit you. FriedmanLaw can help you cut through the maze to maximize benefits and control costs, potentially saving you thousands of dollars. Read more SPECIAL NEEDS AND DISABILITY We are particularly proud that for more than 25 years, FriedmanLaw has helped people with special needs, developmental disability, mental illness, traumatic brain injury, and other disabilities enjoy a better quality of life. We help families use guardianships, special needs trusts, supplemental needs trusts and other tools to put in place future care protocols and preserve Medicaid, SSI, Medicare and other government benefits. Our special needs practice also involves special education and IEP individualized education plans as well as the IDEA Individuals with Disabilities Education Act What assistance is available to me as a person with disabilities? Direct cash payments, medical assistance, and subsidized housing may be available. Depending on your finances, special needs, and work history, you may qualify for Social Security Disability (SSD), Medicare, Supplemental Security Income (SSI), Medicaid, Division of Developmental Disabilities (DDD) housing, SNAP (formerly food stamps) and more. Read more How can I keep my disability benefits if I receive money from a divorce, lawsuit, worker compensation award, inheritance or gift? If money is paid directly to you, you can lose benefits like Supplemental Security Income (SSI), Medicaid, and free DDD housing. Instead, money can be paid into a Special Needs Trust (SNT) that allows you to keep your benefits while the money is set aside for you. Read more What should I do if I expect a settlement or award from a personal injury lawsuit? If you’ve been injured, government benefits may become a vital source of income to you. FriedmanLaw frequently works with other lawyers to employ Special Needs Trusts (SNT) and Medicare Set-Aside Trusts in personal injury, divorce, worker compensation and other settlements. Read More How can I manage care for child with disabilities after she turns 18? Your child becomes a legal adult at age 18, and has the freedom and responsibility to make her own decisions. But if your child is not capable of making serious decisions, FriedmanLaw can help you be appointed guardian and continue to care for your child. In addition, some government benefits become available to a disabled person at age 18, so it may be well worth consulting us to find out what assistance is available. Read More What will happen to my disabled child when I no longer can take care of him? We can help you use special needs trusts and supplemental needs trusts and provide a seamless transition from parental care to a group home or other appropriate placement for your adult disabled child. We will help you understand the process and future care options. Read More How can I protect a loved one with mental illness that can lead to behavior issues? Caring for a family member with mental illness can be extremely challenging. Issues can involve special needs, medication, housing, behavior, and exploitation to name just a few. Unusual and unexpected issues can develop at any time. Clearly one size can’t fit all, but we frequently apply our years of experience with special needs to help families cope with these difficult situations such as commitment, funding care, guardianship, and special needs trust planning. Read More WILLS, TRUSTS, TAX AND ESTATE PLANNING We can help you create a comprehensive estate plan to transfer your estate as you choose, minimize tax, deal with a loved one’s special needs, and avoid the need for guardianship if you lose mental capacity. Do I need a will? A will is essential to mandate how your assets will be distributed when you die. In fact, everyone should have a will even if you already have a special needs trust or living trust. Your will can also reduce taxes; provide for a disabled loved one; preserve disability benefits, protect heirs with immaturity, addiction or creditor issues; name guardians for children, and more. Read More How about a living trust to avoid probate? While living trusts can be useful for some purposes, New Jersey has an extremely simple and inexpensive probate system. Probate often costs less than avoiding probate with a living trust, and a living trust can prove inconvenient to maintain. Read More Will my beneficiaries face estate or inheritance tax? In New Jersey, if you leave money to anyone other than your spouse, parents, or descendants, you may face death taxes. New Jersey eliminated estate tax after 2017 but budget issues may intervene to bring it back. In any event New Jersey inheritance tax is still with us. Nevertheless, we can employ various tools to minimize tax and pass more money to your heirs. Read More How can I protect my family if I become incapacitated? If you lose the ability to make decisions (e.g. a coma or advanced Alzheimer’s), your loved ones may not be able to plan for you financially, pay your bills or even get information on your medical condition and it may be too late to prepare optimal elder law or estate planning documents like special needs trusts. With a Power of Attorney, Advance Healthcare Directive, and comprehensive estate plan, you can protect your family and yourself by giving a trusted loved one the power to manage your medical and financial affairs if you are no longer able to. Read More How can my estate plan provide for both my spouse and children from a prior marriage? Your surviving spouse may have legal rights to disinherit your children unless you provide otherwise in your estate plan. In fact, because wills can be changed at any time, children from prior marriages may risk being disinherited even if you and your spouse initially agree to provide for...