Elder Law & Medicaid Planning
Protecting seniors and their families through thoughtful planning and compassionate legal guidance.
As we age, our legal needs change. Elder law focuses on the unique challenges facing seniors and their families — from protecting assets against long-term care costs to ensuring a loved one receives the care they need while preserving their dignity and quality of life.
Attorney Nicole N. Lenar brings both legal experience and genuine compassion to elder law matters. We understand the emotional weight these decisions carry and work carefully to protect both the senior client and their family.
"The earlier Medicaid planning begins, the more options may be available to protect your assets."
Medicaid Planning
Long-term care costs in New Jersey — whether in a nursing home, assisted living facility, or through in-home care — can be financially devastating without proper planning. Medicaid can cover these costs, but qualification requires meeting strict income and asset limits.
With advance planning, many families are able to protect a significant portion of their assets while qualifying for Medicaid benefits. The earlier planning begins, the more options are available.
- Medicaid eligibility analysis
- Asset protection strategies and spend-down planning
- Medicaid Asset Protection Trusts (MAPT)
- Caregiver agreements and personal care contracts
- Medicaid applications and appeals
Long-Term Care Planning
We help seniors and their families think holistically about long-term care — evaluating options, understanding costs, reviewing long-term care insurance policies, and creating a comprehensive plan that balances care needs with financial realities.
- Review and analysis of long-term care insurance policies
- VA benefit planning for veterans and surviving spouses
- Coordination between Medicare, Medicaid, and private insurance
Guardianship & Conservatorship
When a senior can no longer manage their own personal or financial affairs, and has not executed powers of attorney or advance directives, a court-supervised guardianship may be necessary. We guide families through this process with sensitivity and efficiency.
- Guardianship of the person (healthcare and personal decisions)
- Guardianship of the estate (financial decisions)
- Emergency / temporary guardianship
- Limited guardianships preserving maximum independence
Elder Abuse & Financial Exploitation
Elder financial abuse — including fraud, undue influence, and theft by family members or caregivers — is tragically common. We advocate vigorously for victims of elder abuse and help families take legal action to recover assets and protect vulnerable loved ones.
Crisis Planning
Sometimes elder law planning is needed urgently — when a loved one has already entered a care facility, or a crisis has already occurred. We provide crisis Medicaid planning and work quickly to identify options and implement strategies even in time-sensitive situations.
Elder Law FAQ
Estate planning focuses on distributing your assets after death — wills, trusts, beneficiary designations. Elder law addresses the legal and financial challenges that arise during your lifetime as you age: Medicaid eligibility, long-term care costs, guardianship, and protecting your assets from nursing home spend-down. Often the two work hand-in-hand. Learn more about estate planning
New Jersey Medicaid has a 60-month (5-year) "look-back" period. Any asset transfers made within five years of applying may be subject to a penalty period. Ideally, Medicaid planning should begin at least five years before anticipated need. However, even if a crisis has already occurred, "crisis planning" strategies may still be available — contact us to discuss your specific situation.
Yes — your primary residence is generally considered an "exempt asset" for Medicaid eligibility purposes, provided you intend to return home or a spouse or dependent relative lives there. However, New Jersey may seek Medicaid estate recovery from your home after death. Proper planning can help protect your home for your family.
Without a valid durable power of attorney, your family may need to petition the court for a formal guardianship — a costly and time-consuming process that can take months and cost thousands of dollars. A simple power of attorney document, prepared while you are competent, can avoid this entirely. This is one of the most important documents in any elder law or estate plan.
No. New Jersey offers several Medicaid waiver programs that provide home- and community-based services as alternatives to nursing home placement, including the MLTSS (Managed Long Term Services and Supports) program. We can help you understand all available options and structure your plan accordingly.
Planning Ahead for Your Family
Protect Your Loved One's Future & Dignity
Medicaid planning, guardianship, and long-term care decisions are time-sensitive. The sooner you plan, the more options you have. Nicole will guide your family through every step with compassion and clarity.