NJ Elder & Probate Law
Estate and Probate matters
What do you do when a loved one has passed away? How do you resolve their affairs or implement their will? Being the administrator of an estate means more than just dividing up the possessions of your loved one. When a person agrees to serve as the administrator of an estate they have legal obligations to handle the distribution of assets in the manner required by law. Mistakes made along the way expose the administrator to personal lawsuits. If you are the administrator of an estate, it is extremely important to handle everything properly. Consulting a probate lawyer ensures that simple oversights are not made. Similarly, if you feel that an administrator of an estate has acted improperly, our law firm is here to help you verify that funds were distributed properly and that the administrator of the estate has kept the proper records.
New Jersey Guardianships
Here is some information that one must have if their loved one is an incapacitated person, in need of assistance.
A person that needs assistance with day to day tasks, but who lacks the soundness of mind to indicate to an attorney, or a notary public, who that person wishes to be their power of attorney, should probably have a guardian appointed for them by the court.
This process generally takes a month or more (except in emergency situations), so planning as far ahead is strongly encouraged. However, we fully understand that sometimes, medical situations make “planning ahead” impossible. It is still critical that you contact an attorney to determine what steps might need to be taken in your situation.
No decisions can legally be made, with respect to use or disposal of assets, medical care, hospice or other end of life choices, absent a person possessing a well-crafted power of attorney or being appointed as their loved one’s guardian.
New Jersey Nursing Homes and New Jersey Hospice Care
Under New Jersey law, a nursing home cannot require a co-signor as a stipulation of admitting a patient. However, if you sign a contract which obligates you to pay if your loved one lacks the resources, you will be liable for that debt!
Nursing homes and assisted living facilities generally require a one month security deposit if the patient has not been approved for Medicaid at the time of their admission. This usually amounts to around $13,000 in New Jersey.
The security deposit may not be required if the patient comes from a hospital as a “rehab” assignment. In such a case Medicare generally covers the first twenty days in full and up to an additional eighty days at a co pay of $144.50 per day.
If Medicare is exhausted or if Medicare does not cover the care, the patient will be expected to pay through insurance (generally Medicaid) or private pay. Nursing home private pay rates are around $300 per day and go up from there.
New Jersey Medicaid applications take a long time to process. In order to avoid being overwhelmed with calls and stress from the nursing home, it is best to start this process early.
See the Medicaid section of the website for more critical information on the application process.
Medicare provides only limited coverage for New Jersey hospice care. This coverage does not include room and board, which would be covered if the patient has Medicaid and is in a long term care facility.
New Jersey Nursing Home Abuse and Neglect
Everyone has heard the horror stories about nursing home abuse and neglect. If your loved one was taken advantage of, and suffered a significant pain, mental anguish or loss, due to the abusive or neglectful practices of their caretaker, please call us. We will fight on behalf of your loved one. No one should be taken advantage of simply because they lack the ability to defend themselves.