Tough Duty: Monmouth County Lawyer Unravels Enormous Problems Older People Now Confront
Death with dignity, elder abuse and asset protection planning may be the issues that grab headlines, but they are just the tip of the legal iceberg. Choosing the right kind of long-term care, advocating for the loved one’s rights in a long-term care facility and seeing to it that the whole things is paid for in the most economical fashion are issues families don’t always expect. Tiptoeing through the ever changing world of Medicaid can be tedious at best.
“We say we practice 50 percent law and 50 percent social work,” said Fredrick P. Niemann, managing partner of Hanlon Niemann, a Central New Jersey law firm that offers a well-respected elder law practice to clients throughout New Jersey on such issues as Medicaid and Medicare qualification, nursing home rights, asset protection, guardianships, trusts, wills and all issues affecting an aging population. The firm’s managing partner, Fredrick P. Niemann, summarized the firm’s philosophy as follows: ”We are a life care planning firm that looks to preserve and protect a person’s dignity and sense of integrity and independence when addressing inevitable health care problems experienced when aging. People have worked and saved all their lives to be able to pass down to their children and families the rewards of their labors and I’ll do whatever I can to legally honor that mission,” said Niemann.
Complicated Specialty
The firm’s practice employs a registered nurse to help families assess their loved one’s medical needs and a former nursing home administrator and social worker to help them wade through the process of advocating for care. It is all part of what the firm calls its Care and Advocacy Program.
As the population ages, lawyers must specialize in the legal issues that come with getting older. These issues cut across traditional legal areas of expertise.
“We look at the situation holistically. There are medical issues, financial issues, housing issues and they all affect each other” said Niemann.
“When people realize they need a nursing home, a lot of them panic and start giving everything away,” Niemann said. “But they create a huge penalty with Medicaid doing that.” Sitting down with someone who understands the year-by-year changes to Medicaid regulations is the first step people should take. Even books sold on the subject are often not adequate because there have been so many changes to the law. Additionally, each state has its own rules and regulations that come into play, making blanket national advice impossible.
“Another mistake people often make,” Niemann said “is assuming that spouses will automatically be allowed to make medical decisions for them should they become incapacitated. These sorts of details need to be put down ahead of time in the form of medical directives and powers of attorney.”
Mr. Niemann also touts the value of long-term care insurance. He points out that if you buy a policy in your forties, and should need the coverage, it is likely to pay for itself in a few short months of staying in a long-term care facility.
“Also commonly overlooked are prenuptial agreements,” Niemann said. Even if a couple has kept its finances separate, Medicaid does not take this into account when calculating eligibility.
But those are the details Niemann loves. “This isn’t just about making a living. This is about really helping people,” he said.
If you have any questions about the contents of this article, please call Fredrick P. Niemann personally at 732-863-9900 or e-mail him at fniemann@hnlawfirm.com.
The information contained in the Hanlon Niemann, P.C. ("HN" or the "firm") website is provided for informational purposes only, and should not be construed as legal advice or an offer to perform services on any subject matter. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Recipients of contents from this site, clients or otherwise, should not act or refrain from acting on the basis of any content included in the site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. HN expressly disclaims all liability with respect to actions taken or not taken based on any or all of the information or other contents of this site. Any information sent to HN via Internet e-mail or through the HN website is not secure and is done so on a non-confidential basis. The transmission of the HN site in part or in whole, and/or communication with HN via Internet e-mail through this site does not constitute or create an attorney-client relationship between HN and any recipients. The firm does not endorse, and is not responsible for, any third-party content that may be accessed through this website. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship. The content of any e-mail sent to HN, or any of its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential.
Copyright © 2007 Hanlon Niemann, P.C.. All rights reserved. All materials presented on this site are copyrighted and owned by Hanlon Niemann, P.C., or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
NO REPRESENTATIONS
This material may contain technical or typographical errors. HN does not guarantee its accuracy or completeness or suitability. IN NO EVENT SHALL HN BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER HYPERLINKED WEBSITE. HN takes no responsibility and makes no warranty whatever for the content or information contained on sites linked to or from this site. All such links are provided on this website solely for the convenience of users and do not represent any endorsement, advertisement or sponsorship of linked sites or any products or services offered.
