Elder Care and Medicaid Asset Protection Planning

Do You Need an Elder Care Lawyer Experienced in NJ Medicaid?

The Attorneys at Hanlon Niemann & Wright are Experienced Elder Care Attorneys Who Have Extensive Knowledge of the Medicaid Programs and How to Achieve Medicaid Eligibility.  We can also help You Navigate Medicaid Asset Protection.  Please Contact Us Today.

Because as a society, Americans are living longer than ever, one of the most difficult transitions people face is going from independent living in their own home or a supervised apartment to living in an assisted living facility or nursing home.

Changes in New Jersey law have expanded the availability of home and community-based health and personal assistance benefits under the Medicaid program.  You are not limited to a nursing home to receive the care you need.  Other care options are possible.  Call us today to discuss the details and receive an explanation of the benefits available to you.

I understand that the decision to move a loved one to a nursing home is a time of stress and feelings of guilt. Some individuals have been hospitalized after a serious medical set back such as a stroke or fractured hip and need remedial care. Others have progressive degenerative illnesses such as Dementia, Parkinson’s or Multiple Sclerosis, and require permanent placement.

The transition to a nursing home is daunting because of the need to find the right facility for the care and services needed. The task is especially  difficult in New Jersey as there are more than 64 nursing homes in Central New Jersey alone and 364 nursing homes and assisted livings in the entire state to choose from.  The monthly cost for nursing homes in Monmouth County, Ocean County, Mercer County and Middlesex County average per person between $10,900 to $14,000 or more!  In northern NJ counties like Bergen, Essex and Hudson, daily and monthly rates are often even higher.

Actual Client Testimonial

My husband and I were together for almost twenty (20) years.  We met with Mr. Niemann to have our Wills, Powers of Attorneys and Healthcare Directives prepared. Mr. Niemann was insistent that we have a Comprehensive Power of Attorney, Healthcare Directive and Living Will to protect us if either one of us became sick.   Recently, my husband passed after a sudden illness.  Thank Goodness for the Healthcare Directive and Power of Attorney prepared by Mr. Niemann. I submitted the documents to the attending physician who promised to honor their terms and purposes.  It saved me from possible anguish in case there was a disagreement as to whether life support should or should not be continued. I now better understand the benefit to having a Power of Attorney and Healthcare Directive and am appreciative of Mr. Niemann’s advice concerning the importance of these documents.

I have agreed to sponsor this testimonial because I know firsthand the importance of having a Power of Attorney and Healthcare Directive when faced with an unexpected personal or family emergency.
– Donna Foster, Manalapan, NJ

How Do You Pay for Home Care, Nursing Home Care or Assisted Living in New Jersey?

One of the things that frightens people about long term care at home, assisted living or in a nursing home is how he or she will pay for that care. The four most common payment sources include:

1. Long Term Care Insurance. Long Term Care Insurance has only become popular in recent years. As a result, most people do not have this coverage.  This type of insurance coverage can go a long way towards paying the cost of long term care. Unfortunately, most people facing a stay in a nursing home or assisted living facility do not have this coverage.

2. Private Pay Using Your Own Funds. Many people are required to use their own money at first. Quite simply, it means paying for the cost of a nursing home or assisted living facility out of your own pocket. However, with assisted living and nursing home bills averaging between $9,000 – $13,000 per month, few people can afford a long term stay in a nursing home without losing a lifetime of savings.

3. Medicare. Medicare is a national health insurance program that may be used for short term assistance with nursing home costs if certain medical requirements are met. It is not available for financial assistance with long term care. Medicare is primarily for those 65 years old and over, people with certain disabilities, and people with kidney failure. Custodial care is not covered by Medicare. Overall, most elderly people will not be able to use this option for very long, if at all.

4. Medicaid. Medicaid is a federal and state government funded medical benefits program. It may be the most beneficial method of financial assistance in paying for nursing home care.  Mandatory asset and income requirements must be met in order to qualify.

There is a great deal of confusion about Medicare and Medicaid. The following will outline the differences.


Medicare is the federally funded and state administered health and medical insurance program designed for older individuals (i.e. those over age 65) and disabled SSD recipients under the age of 65. There are some limited nursing home care benefits under Medicare.  In general, if you are enrolled in the traditional Medicare or Advantage plan, and you’ve had a hospital stay of at least three days, then are admitted into a skilled nursing facility (often for rehabilitation or skilled nursing care), Medicare will pay a high percentage of your care costs up to a maximum benefit of 100 days of coverage. Most people do not meet the medical requirements for the 100-day benefit period as most nursing home residents require custodial care.  Medicare does not pay for custodial care.

If you do qualify, Medicare may pay the full cost of the nursing home stay for the first 20 days and can continue to pay the cost of the nursing home stay for the next 80 days, but with a deductible that’s nearly $200 or higher per day. There are private Medicare supplement insurance policies that pay part or all the cost of a deductible, provided you have supplemental coverage. Even if Medicare does cover you for the 100 day period, what then? What happens after the 100 days of coverage have been used? At that point, you’re back to one of the other alternatives… long term care insurance, paying the bills with your own income and savings, or qualifying for Medicaid.


Medicaid is a long-term care benefits program that is funded primarily by the federal government and the state of New Jersey and administered by New Jersey. A very significant benefit of Medicaid is that, unlike Medicare (which only pays for skilled nursing), the Medicaid program will pay for long term care at home, in a nursing home or assisted living residence once you’ve qualified. You need to be medically eligible for a nursing home level of care (not being able to manage in a home environment, requiring assistance with activity of daily living skills for more than 2.5 hours per day) and you need to meet the strict financial requirements established by New Jersey.

Why Consult with Fredrick P. Niemann, Esq. About Medicaid Asset Protection?

As life expectancies and long-term care costs continue to rise, the challenge quickly becomes how to pay for these health care related services. Most people cannot afford to pay $9,000 to $14,000 per month or more for the cost of a nursing home, assisted living or even home care, and those who can pay for a while may find their life savings wiped out in a matter of months, rather than years.  What happens to the healthy spouse when nursing home placement is necessary?

It is advisable to consult with an experienced Medicaid eligibility attorney when applying for Medicaid.  Often, without proper planning and advice, many people spend more than they should or are required to pay for their long term care, or they transfer finances inappropriately and are faced with months of ineligibility, which can jeopardize their family’s financial security.  A consultation with an experienced elder care law professional at Hanlon Niemann & Wright may save you a significant amount of financial resources and time when applying for Medicaid or when faced with the costs of long-term care either now or in the future.

Fredrick P. Niemann Esq.

Medicaid eligibility is difficult to understand.  So is navigating Medicaid asset protection.

The state’s unofficial policy is delay, frustrate and then deny approval whenever possible.  Don’t shoulder the burden alone. Contact Fredrick P. Niemann, a NJ Medicaid law attorney toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Our offices are conveniently located in central New Jersey.





Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Elder Care Attorney