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By John R. Merlino Jr. Esq.
Founding Attorney

It is never easy to imagine a time when you might need help with everyday tasks, but thinking ahead really matters. Long-term care costs keep climbing, and without a plan, families often end up stressed—financially and emotionally. By planning early, you can protect what you have worked for, learn your Medicaid options, and make sure your future care meets your wishes.

Why Early Planning Matters

Long-term care is not only about nursing homes. It also includes options such as in-home caregivers, assisted living, or adult day care. These choices can make life more comfortable and flexible, but they can be expensive. Planning early gives you more control over your care and helps protect what you have worked hard to build.

Medicaid can cover some long-term care costs, but qualifying for coverage can be challenging. In New Jersey, strict income and asset limits can make it hard to get approved. Without a plan, you might have to spend your savings or sell property first. Starting early allows you to arrange your finances wisely and keep your assets safe while meeting Medicaid’s requirements.

Understanding Medicaid’s Look-Back Period

In New Jersey, Medicaid has a five-year “look-back” rule. When you apply, the state reviews your finances from the past five years to determine if you have given away or transferred anything for less than its fair market value. Doing so can delay your eligibility for benefits. That’s why early planning is so important. Setting up trusts or moving assets before the look-back period begins can help you avoid penalties later.

An elder law attorney can guide you on how to protect your assets safely. Common strategies include creating an irrevocable trust, transferring a home to a spouse, or turning certain assets into exempt ones. Because everyone’s situation is unique, it is wise to seek legal advice tailored to your specific needs.

Protecting Your Assets and Peace of Mind

Asset protection is not about hiding money—it is about thoughtful planning. Some assets, such as your primary home if a spouse lives there, may be exempt from Medicaid’s calculations. Others, such as retirement accounts, might need to be adjusted to avoid affecting eligibility.

Creating tools like a Medicaid Asset Protection Trust can help protect your home and savings. These trusts move ownership of certain assets into a trust, where they are managed by a trustee. This action keeps them out of your estate for Medicaid purposes. After five years, those assets are protected, and your family can still benefit. 

It is also essential to have legal documents, such as a power of attorney, healthcare directive, or living will, in place. They make sure your wishes are clear and help prevent family conflicts during difficult times.

Talking with Your Family About Long-Term Care

Conversations about aging can be uncomfortable, but they are necessary. Discuss your preferences for care, financial boundaries, and who should handle decisions. Early discussions help your loved ones avoid confusion later and reduce stress during health crises.

Many families wait until a medical emergency forces them to make quick decisions. Unfortunately, last-minute planning often limits options and increases costs. Taking proactive steps while you are healthy allows for thoughtful choices and smoother transitions.

Consider involving professionals in these discussions. Financial advisors, elder law attorneys, and care coordinators can explain your options and help your family understand how different choices affect eligibility, costs, and the quality of care.

Start Early to Stay in Control

Long-term care planning helps you maintain control over your health, finances, and future. Starting early gives you more options and keeps your wishes at the heart of every decision—whether that means aging in place or transitioning to assisted living.

A knowledgeable New Jersey attorney can guide you through the process, helping protect your assets and prepare for Medicaid eligibility.

If you are ready to plan for your eventual long-term care, contact Merlino & Gonzalez. Their team can assist with Medicaid planning, asset protection, and other elder law needs to help secure your family’s future with confidence.

About the Author
John is a fierce advocate and the office guru for problem-solving and brainstorming. He guides clients through every stage of a real estate transaction from offer to contract, navigating through nerve-shattering home inspection and title clearance concerns, maintaining constant contact with lenders, conducting the actual closing, and continuing to advise clients with regard to any post-closing concerns.  John brings a practical and fair-minded approach to the process which has earned him the respect of his clients and peers.