An elder law attorney in NJ helps families plan for long-term care, Medicaid, powers of attorney and guardianship. See when to call one.
Featuring Frank R. Campisano, Esq. Elder Law
October 16, 2026
6 minute read
An elder law attorney in NJ helps older adults and their families plan for health care, long-term care costs and big decisions later in life. Here is a common and costly mistake: a family waits for a crisis, such as a sudden move to a nursing home, before anyone looks at the paperwork. By then, some options may be gone. This guide explains what this kind of lawyer does, when to call one and which New Jersey resources can help.
Key takeaways
Elder law is less about one type of document and more about one stage of life. A lawyer in this field looks at your health, money and family as a whole. Then they help you plan for what may come next. Common areas include:
In short, the goal is to protect your choices, your savings and your dignity as your needs change.
Long-term care can be one of the largest costs a family faces. In New Jersey, Medicaid pays for long-term care through Managed Long Term Services and Supports, or MLTSS. According to the state’s MLTSS overview, the program can cover care at home, in assisted living or in a nursing home. To qualify, a person must meet financial rules on monthly income and liquid assets, as well as clinical rules.
New Jersey note: For adults 21 and older, the state says clinical eligibility means needing hands-on help with three or more daily activities, such as bathing, dressing or eating. Memory or thinking problems that require supervision with three or more activities can also qualify. To get screened, the state directs adults to their county Area Agency on Aging.
Timing matters too. Under federal Medicaid law, the state looks back 60 months at assets given away or sold for less than fair market value. Those transfers can lead to a period when Medicaid will not pay for care.
Watch out: Moving assets without advice can backfire. Talk with a lawyer before you give large gifts, retitle accounts or add a child to the deed of your home.
A power of attorney lets you name someone to handle your money and property if you cannot. Meanwhile, an advance directive for health care lets you name someone to make medical decisions and record your wishes. Together, these documents help your family act quickly in an emergency.
Choose your agents with care. The person you name will have real authority, so they should be honest, organized and willing to serve. The Consumer Financial Protection Bureau offers free guides for managing someone else’s money. Separate guides cover agents under a power of attorney, court-appointed guardians, trustees and government fiduciaries.
Tip: Once you sign, give your agent a copy of the CFPB guide for their role. It explains their duties in plain language, and it gives them a clear place to start.
What happens if a parent can no longer make decisions and never signed a power of attorney? In that case, a family member may need to ask a court to appoint a guardian. According to the New Jersey Courts, the county Surrogate’s Office takes adult guardianship filings, and the Superior Court hears the cases.
The process takes real work. First, the applicant must prove the person is incapacitated. Next, two doctors, or a doctor and a psychologist, must each certify the person’s condition after a personal exam. The court then assigns a lawyer for the person and sets a hearing date. Finally, the judge decides whether a general or limited guardianship fits. After that, guardians must follow court rules and file periodic reports. The court’s tutorial below walks through what the role involves.
Play video: A New Jersey Courts video tutorial on serving as a court-appointed guardian.| Power of attorney | Guardianship | |
|---|---|---|
| How it starts | You sign it while you can still decide | An applicant files with the county Surrogate |
| Who picks the decision-maker | You do | The court does |
| Ongoing duties | Act under the terms of the document | Follow court rules and file periodic reports |
Guardianship is sometimes the right tool. Still, signing documents while you are healthy can often help your family avoid court.
Veterans and their survivors may qualify for extra support. The VA says Aid and Attendance benefits add monthly payments to a VA pension for qualified veterans and survivors. To be eligible, you must get a VA pension and meet at least one more test. For example, you may need another person’s help with bathing, feeding or dressing. Living in a nursing home because of a disability-related loss of abilities can also qualify.
The rules have several parts, so an elder law attorney can review whether the benefit may fit your situation. In addition, they can look at how it works alongside your other plans.
You do not need to wait for an emergency. Here are common moments when a consultation makes sense:
Possibly. A will covers what happens after death. However, it does not address long-term care costs, incapacity or benefits during your life. A review can show whether your plan covers those risks too.
Usually, yes. The older adult is often the lawyer’s client, so the lawyer needs to hear that person’s own wishes. Adult children can still help gather records, take notes and ask questions.
You choose a power of attorney agent yourself, while you can still make decisions. A court appoints a guardian only after it finds that a person is incapacitated. Planning ahead lets you pick the person instead.
Ideally, well before care is needed. Federal law looks back 60 months at transfers for less than fair market value, so early planning usually leaves more options. Even when care is already needed, a lawyer can review the steps still available.
Frank R. Campisano, Esq. is a partner at Sedita, Campisano & Campisano, LLC in Fairfield. His practice focuses on elder law and estate planning. He advises individuals and families on wills and trusts, Medicaid asset protection planning, VA Aid and Attendance benefits, guardianships, special needs trusts and estate administration. He also handles employment law matters.
Frank earned his J.D. at Widener University and is admitted in New Jersey and several federal courts. To start planning, visit his profile to call, email or request an introduction.
Planning often involves more than one professional. The Caring for an Aging Parent team includes home care provider Raquel Marte. In addition, the Planning Your Family’s Future team includes financial advisor John O’Hara and life insurance professional Steve Bender.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. For advice about your situation, speak with a licensed New Jersey attorney.
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