What is Elder Law?

This is a common and good question people often ask.  Our Elderly and their families face an extremely complex legal landscape.  The following are just some of the legal issues our clients face: The Federal and New Jersey laws and regulations governing taxes, Medicare, Medicaid, Social Security, trusts, veterans’ benefits, nursing homes, assisted living facilities, community benefits and special needs trusts & guardianship laws.

Now, couple these laws and regulations with clients who are advanced in age and may have difficulty managing their affairs, and you can see why they need attorneys who are extremely well versed in each of the above areas.  Can you imagine asking a general practitioner or an attorney who specializes in a different area of the law to be able to analyze these complex and ever changing laws?

Furthermore, our Elderly need attorneys who understand their situation because of their experience and are able to empathize and relate to their problems.  Elder law is one area of the law where you really have to understand your clients and their goals.  Unlike other areas of the law, where the objective may be purely financial, Elder Law deals with a person’s life, their families, their goals and often their fears and medical limitations.  It is our job at Tiboni & Tiboni, LLP to help address the interaction of these complex personal issues while analyzing the law.  As you can see, you cannot dabble in this area of the law.  We focus on these issues every day, and this is why we believe we provide excellent legal services to our clients.

“Knowledge Is Power – Ignorance Is A Liability.”

Who would benefit from consulting with Tiboni & Tiboni, LLP – Elder Law Attorneys?
The old adage, “Ignorance is Bliss” is completely wrong when it comes to planning for the elderly.  At Tiboni & Tiboni, LLP in New Providence, NJ, our philosophy is that Ignorance is a Liability our clients cannot afford.  To quote Mark Twain, “I was seldom able to see an opportunity until it had ceased to be one.”  Unfortunately, like Mark Twain, many in our society fail to avail themselves of the opportunities to plan until those opportunities are long gone. When a family retains our firm, our first goal is to assess their situation so we can completely educate them and enable them to see the opportunities they have, and plan before it is too late.

At Tiboni & Tiboni, LLP we do not believe in surprises for our clients. Accordingly, when a client sets up a consultation with our firm, we require that they provide us with a complete picture of their financial and family situations.  Often times, this is the first time our clients were ever asked to take inventory of their finances or consciously think about their familial relationships.  Our initial consultation lasts from one to two hours.  During that time, we engage in an in-depth discussion of the issues that we believe affect our clients.  At the conclusion of our consultation, we provide our clients with a complete road map regarding the steps that we believe they should take to protect themselves.  Once we have established what steps should be taken, we quote a fee to address those issues.

Clients and families caring for aging parents often seek the services of an elder law attorney either well in advance of needing long-term care services, or when the need for long-term care services in a nursing home or in their residence is imminent.  Either way, we offer asset protection solutions to make sure resources are available for the care of a spouse remaining at home, the individual entering a nursing home, and a disabled child or loved one.

We Offer These Elder Law Services:

  • Last Wills and Testaments
  • Income Only Trusts
  • Durable Power of Attorney
  • Health Care Proxy for Health Care Decision Making
  • Evaluation of Qualifications for Medicaid
  • Preparation of Medicaid Applications
  • Asset Protection of Elder’s Estate
  • Personal Care Contracts
  • Assistance with Guardianship Proceedings
  • Planning for Long Term Care Costs
  • Crisis Planning When the Need for Long-Term Care is Imminent
  • Special Needs Trusts
  • Supplemental Benefits Trusts
  • Pooled Trusts
  • Life Estates

Planning When Long-Term Care is Imminent
If a family member needs long-term care benefits, either in their own home or in a nursing home, due to dementia or failing to properly care for themselves, we can help you decide on the best way to plan for their care, preserve assets and minimize taxes, under New Jersey laws and regulations, as well as the Internal Revenue Code. Our elder law firm can help you develop a plan to pay for long-term care, including New Jersey Medicaid eligibility and completing the Medicaid application for nursing home and community benefits, if necessary, so that the financial resources needed for an individual or spouse will be there for them.  We also work closely with other professionals, such as geriatric care managers, accountants, and financial planners to address these complex issues in a thoughtful manner.

Need for Planning Well in Advance for Elder Care
The best legal and financial planning advice for elder care issues occurs well in advance of when long term care, such as assisted living and nursing home care, is needed.  Nursing home care in New Jersey averages over $100,000 a year. While Medicare and supplemental insurance may cover most of the medical expenses of an acute illness, they provide little or no coverage for nursing home care.  If you are retired or are near retirement age, we offer you strategies for planning for your future, incorporating elder law, probate concerns and issues.  It is best to plan for long-term care and Medicaid issues well in advance of when they are needed.

Contact Tiboni & Tiboni, LLP for more information, and to set up a consultation.