At our elder care law firm, we specialize in assisted living transition planning, providing families with the guidance they need within the oftentimes complex process of moving loved ones into assisted living facilities. In this case study, we share the story of how we helped a single dad from Bucks County, Pennsylvania, transition to an assisted living facility in New Jersey. Through careful legal, financial, and care coordination planning, we ensured his move was smooth, his assets were protected, and his care needs were met.
The Challenge: Assisted Living Transition Planning for Dad
Dad had recently sold his home in Bucks County, leaving him with nearly $400,000 in assets. His sole income was a $2,150 monthly Social Security payment. With increasing care needs and his children—one living in Pennsylvania and the other in Mercer County, New Jersey—seeking the best options for him, they decided a move to New Jersey would be the most viable solution. Unlike Pennsylvania, New Jersey Medicaid extends benefits to assisted living facilities, making it a better option for his long-term care.
However, the move presented challenges. Many New Jersey assisted living facilities require families to privately pay for at least two years before offering a Medicaid bed. Additionally, these facilities often limit the number of Medicaid-eligible residents. Effective assisted living transition planning helped to ensure Dad’s financial security and access to appropriate care.
The Solution: Comprehensive Assisted Living Transition Planning
- Developing a Care Plan for a Smooth Transition
Our care coordinators assessed Dad’s healthcare needs to find an assisted living facility capable of providing the required level of care. They evaluated his physical, emotional, and social needs while considering factors such as proximity to family and financial feasibility.
As part of the assisted living transition planning, our health insurance advocate reviewed Dad’s Medicare and prescription drug coverage to ensure a seamless transition from Pennsylvania to New Jersey.
- Legal and Financial Planning for Asset Protection
We worked closely with the family to prepare essential legal documents, including:
- A Will to distribute Dad’s assets according to his wishes.
- Power of Attorney (POA) and Healthcare Power of Attorney (Healthcare POA) to allow his children to manage his financial and healthcare decisions if he became incapacitated.
These documents were vital for protecting Dad’s interests during his transition and beyond.
- Protecting Assets and Avoiding Filial Liability
Our team implemented strategies to safeguard Dad’s assets. In New Jersey, families can sometimes be held responsible for long-term care costs under filial responsibility laws. We reviewed the assisted living facility’s admission agreements to shield Dad’s children from potential liability.
Medicaid eligibility requires careful financial planning. As part of the assisted living transition planning, we helped Dad restructure his assets, preserving over $100,000 and accelerating his Medicaid eligibility without compromising his quality of life.
The Outcome: A Secure Transition and Future Care
Thanks to our comprehensive assisted living transition planning, Dad moved smoothly into a New Jersey assisted living facility that met his needs. His children had peace of mind knowing his financial, legal, and care matters were properly handled, ensuring his quality of life and long-term security.
Why Assisted Living Transition Planning Matters
Our elder care law firm provides personalized solutions to protect assets, coordinate care, and ensure a smooth transition. If you’re facing similar challenges, contact us today to learn how we can help your family with elder care law, Medicaid planning, and asset protection.
