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Estate Planning
Estate Planning
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Guardianship
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Medicaid
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Probate
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Special Needs

A power of attorney is what allows another person to make decisions for you in case you’re ever unable to make them for yourself. These may include financial, healthcare, or child care decisions. We suggest designating a power of attorney because you can give the power to someone of your choosing instead of relying on the courts.

We recommend reviewing your documents at least once every three years to ensure your plans are still accurate. We believe it so strongly that we have free three-year checkups with our clients. It may also be time to review your documents if you’ve been divorced, remarried, had children, grandchildren, or have received an inheritance.

Yes. We draft pour-over wills that put anything that isn’t in your trust into the trust. As you go through life, you may forget to title assets, or well-meaning bank clerks can undo work towards funding your trust. For this reason, a pour-over will is a catch-all to ensure that any assets that aren’t in the trust get put into it.

You can have a full or limited guardianship. You may want a limited one if the ward can take care of themselves and make their own decisions in some ways but not others. Limited guardianships are preferable since guardianships are only meant to help the ward as much as necessary, allowing them to maintain their independence.

A guardian can be any capable adult and may be a spouse, family member, friend, neighbor, or professional. Anyone can request to be a guardian, but you’ll need to file a petition for a hearing. The ward can choose to have legal representation, but the court will decide if they need a guardian and if the person applying is a good fit.

The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust.

You do not have to sell your home to get Medicaid. As long as the proper conditions are met, your home is considered an exempt resource. Though, if you gift the home, you may receive a period of ineligibility. In order to give away or transfer your home without penalty, you should consult with an experienced elder law attorney.

How much a nursing home will cost depends on its location, staff, size, and the types of care offered. You can use Medicaid to cover most, if not all, of your long-term care center expenses. Medicaid can go towards nursing home or at-home care, but nursing home coverage depends on your loved one’s ability to take care of themselves.

Medicaid and Medicare are both tax-funded government programs that help cover healthcare costs. Medicaid is for people with limited income and is managed by the states. Medicare, managed by the federal government, is for people who are 65 and older or have a disability. While Medicare is based on age, Medicaid is based on income.

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person’s property under the valid will. In New Jersey, a decedent’s last will and testament are filed (“probated”) in the Surrogate’s office of the county in which the decedent resided. The County Surrogate has the authority to accept the will for probate and authorize the executor, as appointed under the will, to serve in such capacity.

If a decedent passes away without a will, he or she is said to have died intestate. The proceeding related to the administration of an intestate estate is referred to as an “intestate administration.” In New Jersey, this process is overseen by the County Surrogate. The process is very similar to a probate administration. The individual who is responsible for the administration of an intestate estate is referred to as the “administrator,” instead of the executor. Nonetheless, in New Jersey, the role of the executor and the administrator are very similar.

If there’s no will, the process will start with probate, and intestacy laws will decide how assets will be distributed. The Florida intestacy statutes won’t let you make charitable gifts or unequal distributions to children or nonrelatives. It’s important to have a last will and testament so that your wishes can be accomplished.

The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust.

Funds from your trust are meant to add to and not replace disability benefits. As a result, you can’t use your trust to fund living essentials that government benefits provide for, such as food, housing, clothing, or medical care. Doing so can reduce or eliminate your benefits. You can use it for things like education, therapy, or vacation expenses.

A special needs trust helps an individual with a disability to fund their living expenses. The trust supplements the government benefits that a person with a disability receives. When drafted correctly, you can receive benefits and trust funds at the same time. It’s critical to set the trust up properly to maximize your benefits.

A full guardianship may not be needed depending on the extent of your child’s disability. A special needs attorney can help assess your alternatives. These might include becoming a health care proxy or power of attorney to access records, discussions, or signing authority without revoking your child’s right to make their own decisions. Schedule your consult to discuss your specific situation. 

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    Waypoint Legal, LLC. Jersey Elder Lawyers

    Waypoint Legal, LLC. Jersey Elder Lawyers
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    Address: New Jersey
    4400 U.S. 9, Suite #1000, Freehold Township,,  New Jersey,  07728.
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