Medicaid Eligibility and Planning Strategies to Protect Assets and Income

New Jersey Medicaid Eligibility and Planning Strategies Attorney

Americans are living longer than ever before.  That’s a good thing… unless you get sick and need significant long term care services and support!  Let our decades of trusted legal experience work for you and your family today to protect a lifetime of income and savings from the devastating costs of long term care.  Contact our Medicaid Eligibility Attorneys today.

Protecting What You Worked for and Saved Up Your Whole Life

You don’t have to go broke to pay for long-term care.  You don’t have to lie awake at night scared to death worrying about how you’ll pay caregivers, the nursing home or assisted living residence.  You’ve heard from your friends and family about Medicaid, but you’re not sure if you or a loved one is eligible for the care so desperately needed at state expense.  If I’m describing you, if you’re feeling stressed, frightened and want the advice and reassurance of an experienced and caring NJ Medicaid and Elder Care attorney, I’m here for you, right now… today.  Just reach out to me!

At Hanlon Niemann & Wright, we understand Medicaid, Managed Long Term Support Services (MLTSS) and other home care programs available for individuals over age 50 and disabled adults.

Don’t Panic:  Help is Just a Phone Call Away

You are reading this website because you may already know the cold, hard facts: nursing homes and assisted living residences cost a fortune, and without careful planning, a stay in one can easily bankrupt all but the most well-to-do families.  With the average cost of a nursing home or assisted living in New Jersey being around $10,000-$13,000 a month, you’re looking at a bill of over $120,000-$150,000+ per year for a family member with Alzheimer’s or other degenerative conditions, whose assisted living and/or nursing home stay typically is one (1) to five (5) years.

Fair or not, the government will only pay the nursing home bill if your savings account is below $2000 and Medicare only covers you for a maximum of 100 days of rehabilitation (if they cover you at all) after you’re admitted and then discharged from a hospital.  Social Security won’t cover these bills either.  Only Medicaid will cover you – if you qualify!

The following pages of this website cover the federal and NJ Medicaid rules for single individuals (divorced, widowed, or never married) as well as married couples.  I will discuss the income and asset limits, and I explain what you can do to protect your assets and income to avoid being denied eligibility and getting into trouble or penalized.

In the complex world of Medicaid eligibility, you need accurate and thorough legal advice (not the inaccurate advice from well-meaning but ill-advised friends and/or colleagues).  Don’t let others tell you that you must spend down your assets until you have reduced your life savings to nothing just to qualify for Medicaid coverage of your nursing home bills.

Leaving Your Financial Legacy to Family, Not a Nursing Home

Most parents want to pass on all or a substantial portion of their life savings to their children, grandchildren and/or loved ones.  And many people without children would rather give their assets to family members – siblings, nieces, nephews – or their church, synagogue or other charitable, educational institutions, than to use up every dime of their life savings paying for their last years in a nursing home.

Medicaid laws reflect a disjointed maze of federal rules, regulations, and cases, together with state statutes, regulations and case law.  If that weren’t bad enough, what may be approved in one county – or even by one caseworker within a single county – may not be recognized in a different county or by a different caseworker in the same county.  Sometimes the decision(s) of the caseworker are wrong, and you will need to appeal to a higher level of review known as a “Fair Hearing Appeal”.  After reading this website, you will know what to ask and you will have some idea what is in store for your family.

Background to New Jersey Medicaid

Medicaid in New Jersey is a federal-state partnership created by Congress in 1965 to finance health care services for persons over age 65 and the disabled. This program pays for hospital, doctor, prescription drugs, nursing home and other health care services and medical equipment for medically needy individuals.

New Jersey has participated in the federal Medicaid program since 1970. Today, New Jersey Medicaid is the largest social services program in the state government. It provides for the health care needs of more than 1,000,000 people.

Fredrick P. Niemann, Esq. got a first-hand look at the problems of the elderly many years ago with the aging of his beloved grandparents.

“When my grandmother developed dementia, my parents would try to get answers to questions about things like Medicare benefits, insurance and Medicaid,” he said.  “We would get little snippets of information, a few answers, but no one seemed to be able to put it all together. I thought there was a crying need for someone to do it right.”

This experience moved Mr. Niemann years later to become involved in elder law and life care planning for the elderly.  Today, his central New Jersey law firm practices throughout the state of New Jersey and focuses on issues affecting older and disabled persons in elder law, Medicaid, Medicare, guardianship, estate planning, and how to find and pay for long-term care including assisted living, nursing home and home based services.

The firm has also focused on a growing need – people age 85 and older who make up the fastest-growing segment of the U.S. population.

“The special needs of my older clients are significant and highly complex,” says Mr. Niemann.  “If you’re going to help service these special and vulnerable people, you must have a substantive grasp of the law, including rules related to Medicare/Medicaid and other government benefits.

It also takes a special sensitivity and patience to understand and communicate with people on an “emotional level.” With many of his elderly clients confused by the intricacies of Medicaid and long-term care, their grown children are also frustrated. Fred Niemann understands.

Come Meet and/or Talk to Us

Does it sound like you can benefit from a meeting with us?  You’ll be glad you did.  Just call our office today. Ask for Medicaid Eligibility Attorney Fredrick Niemann to personally discuss your NJ Medicaid needs toll-free at (855) 376-5291 or e-mail Fred at fniemann@hnlawfirm.comOur offices are conveniently located on Route 9 North in Freehold, NJ.

Let an experienced Medicaid attorney at Hanlon Niemann & Wright work for you today.

The Need to Establish Medical Eligibility For Medicaid Long Term Care in New Jersey

Financial Eligibility to Qualify for NJ Medicaid

Citizenship and Residency Requirements for NJ Medicaid

Actual Client Testimonials

Thank you for sending me the correspondence from Medicaid. Both my sister and I are so relieved that my dad has Medicaid and that my mom will continue to receive his social security. It is a load off our minds. 
I want to convey my sincere thanks to Diane, Fred and all in your office who were so kind and supportive while we went through this process.  Poor Valerie had to console me at times when I would come in so upset and watch me cry.  She was so kind to me, but Diane most of all.  She gave me such good advice and were so kind and caring.  You may tell Fred that his office is wonderful.  His staff truly cares as he does.  This whole situation was so daunting but you guided me so well during the process.  I have sung Diane’s praises as well as Fred’s.  I have shared your office number and Fred’s name with others and recommend your office highly. From the bottom of my heart, thank you.
– Zoila Miranda, Freehold, NJ

I am a NJ attorney with 40+ years of experience in the practice of law.  Medicaid applications are not my area of expertise.  I consulted with three law firms who specialize in this area of law. Thankfully, I chose Hanlon Niemann & Wright.  The firm is professional, knowledgeable, efficient and responsive.  My sister received notice of enrollment into the Medicaid program within 40 days after the law firm filed the application.  I will recommend Hanlon Niemann & Wright to all my family, friends and clients who need legal services concerning Medicaid law.
– Joseph Marrazzo, Jr., Cherry Hill, NJ

Early Dementia, Alzheimer’s.  My Mom’s health deteriorated to the point she required full-time care.  She wanted to live at home but required regular help with the essentials of daily living (i.e. dressing, bathing, etc.).  As her caregiver daughter, the responsibilities fell on me to figure out what to do.  Thank goodness for Fredrick Niemann.

He met with me and explained all my options for my mom, from at home/community care, assisted living, state, county and local programs for the elderly, financial eligibility for benefits, Medicaid qualification, pharmaceutical assistance, utility aid, Medicare and Veteran’s benefits, etc.  While I felt overwhelmed by it all, Mr. Niemann clearly was in control of what could be done for Mom.  We engaged him to make applications for subsidized at-home care and assistance through available grant programs and as part of his services to us, he is counseling us on a reverse mortgage, income and financial products to enhance Mom’s monthly income and to reduce her expenses.  Mom would tell me to let Mr. Niemann make all the decisions although I am her Power of Attorney.  I value so much his confident and generally caring manner.  If you’re trying to help your Mom, Dad or family member deal with a life changing health condition, call Mr. Niemann.  I’m glad I did and so is Mom.
– Mary Layton, Farmingdale, NJ

Mr. Niemann has been a god send to me and my family. He has met with me many, many times with patience, sensitivity and understanding that few people expect from an attorney. My family issues are complex and Mr. Niemann understands what I want to happen to my estate upon my death especially for my adult incapacitated child and other adult children. He created a special trust for my son. He has followed up with me to help me make decisions without forcing his opinions on me. In the end, he told me, ”Jerri, my job is to explain your choices and help you understand the legal effect of those choices”. He guides me and puts me at ease. He wants you to make decisions that are the right ones for you.
—Jeraldine Vincitore Freehold, NJ

Recent Speaking Events by Fredrick P. Niemann, Esq.
You Can View Fred’s Current Schedule by Clicking Here

Speaking Events

– Fredrick P. Niemann of Hanlon Niemann & Wright was selected to Chair the 2023 New Jersey NAELA Elder Law Program on April 19, 2023 at the Wind Creek Hotel and Convention Center in Bethlehem PA. NAELA represents the National Association of Elder Law Attorneys. It has an active New Jersey Chapter wherein the elite of NJ Elder Law Attorneys meet, interact and discuss a wide range of topics impacting the lives of NJ elderly residents and the attorneys who represent them.

– On August 20th, Fredrick P. Niemann, Esq. moderated a seminar practice series sponsored by the NJ Chapter of National Association of Elder Law Attorneys (NAELA) with attorneys throughout NJ addressing complicated Medicaid applications and unique legal issues involving nursing home and assited living residents. The program entitled, “Medicaid Landmines and Complicated Medicaid Applications” attracted a large crowd of highly experienced elder law attorneys in NJ and allowed a spirited and valuable audience to brainstorm ideas and strategies to successfully qualify NJ’s aging population for Medicaid benefits in a hostile regulatory environment. Another practice series is being planned for future years.

– On March 6th, Fredrick P. Niemann, Esq. addressed the Monmouth County NJ Bar Association Family Law Committee on Special Needs Trusts, Supplemental Needs Trusts for adult and minor incapacitated children and aged parents and their use in asset planning and eligibility for government benefit programs, including Medicaid, SSI and SSD.

– Fredrick P. Niemann, Esq. spoke on Alzheimer’s Disease, a complimentary symposium for caregivers and family members presented by Alcoeur Gardens and The Memory Enhancement Center on Thursday, March 6th. Topics covered were memory loss conditions, caregiver’s tips and strategies, current treatment modalities including new research medications, support networking, VA benefits and how to preserve your assets.

– Fredrick P. Niemann, Esq. was recently the featured speaker in Colts Neck, NJ at a seminar entitled Investments & Estate Planning for Trusts and Wills for High Net Worth Individuals.  He spoke on the current state of federal and NJ tax laws and how to protect family assets from catastrophic illness.



Rutgers State University is pleased to invite Mr. Fred Niemann of Hanlon Niemann & Wright to be the guest speaker at their workshops for the Office of Continuing Education.

Mr. Niemann will offer continuing Education courses on “Elder Abuse and Financial Exploitation”, “Hidden Secrets of Veterans Benefits”, “Veterans Aid and Attendance Benefits”, “Medicaid Changes: The Approaching Storm”, and the “New NJ Comprehensive Waiver Demonstration”.

Fredrick P. Niemann, Esq. was recently asked to speak at the NJ State Bar Association Institute of Continuing Legal Education in New Brunswick, NJ on the essentials of estate planning.

Mr. Niemann addressed attorneys from throughout the state of NJ interested in learning key concepts and principals of NJ estate planning, including such topics as wills, trusts, estate taxations, asset protection, powers of attorney, health care directives, special needs and supplemental needs trusts for disabled and incapacitated individuals, avoiding probate through creative use of beneficiary planning, inheritance taxes, gifting and changes coming to federal estate taxation.


Mercer County Chapter of the New Jersey Society of CPAs
Fredrick P. Niemann spoke before the State Society of CPAs Mercer County Chapter about Estate Planning and Asset Protection Planning for individuals and families.  Topics addressed during the 4 hour seminar included hospice planning and asset protection, Veterans Aid & Attendance, planning through the use of a Power of Attorney, Living Will and Healthcare Directive.  Attendees at the seminar were eligible to receive 4 hours of professional CEU credits from the State Society.


Fredrick P. Niemann, Esq. attended the 46th annual Heckerling Institute on Estate Planning conference from January 9th to January 13th at the Orlando World Center sponsored by the Community of Miami School of Law.  This weeklong session assembled the nation’s leading authorities to lecture and discuss the latest in estate planning techniques and strategies.  Topics analyzed and discussed included 1) elder law; 2) asset protection; 3) statutory case law developments; 4) planning with financial assets including annuities, Roth IRA’s, and life insurance policies; 5) litigation and tax controversies; 6) networking and practice development.


Written by a Freehold, New Jersey Medicaid Attorney Fredrick P. Niemann, Esq.

Medicaid  Attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Mercer County, Middlesex County,
Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County