Elder Law

Protecting the Senior Community in Belle Mead, Elizabeth, & Cranford, NJ

Barry M Benson, Esq. is a dedicated elder law attorney

The need for planning in connection with long term care has never been more acute.  The cost for nursing homes, assisted living facilities, and even care at home, continues to rise.  Without proper planning all of one’s assets are put at risk.  Further, without surrogate decision making documents in place, (i.e., Advanced Directives for Health Care, Advanced Directives for Mental Health Care, and Durable General Powers of Attorney), the need for a Guardianship is increased should physical or mental health care problems arise.  In addition, without executing such documents, you run the risk of a Court appointing someone who you would not yourself choose, to be the Guardian of your person and/or property if you were to be adjudicated to be incapacitated.  Thus, whether it is planning for your own long term care needs, or those of your spouse or other family members or friends, it is important to do your planning before an emergent situation arises, when you have greater choices and planning alternatives available to you. 

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When doing your long term care planning, or in addressing other elder law issues, the discussion will typically center around the following:

1.Asset protection and how to pay for long term care;
2.How to qualify and apply for governmental benefits (for example, Medicaid);
3.How to avoid a Guardianship, or how to initiate a Guardianship proceeding for an incapacitated person;
4.Preparation of Durable General Powers of Attorney, Advanced Directives for Health Care, and Advanced Directives for Mental Health Care documents;
5.Wills and Trusts;
6.Beneficiary Designations for life insurance and retirement plans; and
7.Disability or Special Needs Trusts.

Please contact us to schedule an initial meeting to discuss long term care planning. An asset information questionnaire is printable from the Forms tab. Day, evening and weekend appointments are available.