Elder Law

Elder Law

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Predicting the future is impossible, but planning for the future is a necessity. Elder Law is a specialized field of practice that focuses on the needs of the elderly, the disabled, and their families. Using a holistic approach, the attorneys of the Elder Law Practice Group address a wide range of issues that focus on the needs of the growing aging population.

We appreciate the complex financial and social decisions clients face in navigating the maze of government benefit programs, long-term care options, and assisting loved ones with diminished capacity. The attorneys of our Elder Law Practice Group are also resources for, and provide counsel to, accountants, insurance agents, attorneys, social workers, hospitals, assisted living, adult day care, and nursing home facilities. Our services encompass many areas including:

  • Guardianships and Conservatorships
  • Special Needs Trusts
  • Probate Litigation
  • Estate Planning
  • Medicaid and Government Benefit Planning
  • Medicaid Applications
  • Estate Administration
  • Durable Powers of Attorney
  • Advanced Directives and Health Care Proxies
  • Trusts
  • Mental Health Law
  • Inheritance and Estate Taxes
  • Health Care Decision Making
  • Mediation Services
  • Veteran's Benefits and Application

Guardianships

When a loved one loses the ability to make informed and reasonable decisions, pursuing guardianship may become necessary. A guardianship appoints one or more individuals to handle the affairs of another.  Guardianships require a court proceeding and ongoing judicial oversight. If you are considering initiating this process, our attorneys will explain your options and offer guidance with the process to be appointed as guardian and the ongoing duties and responsibilities of being a guardian. 


Litigation - Probate, Guardianship Trust

The Elder Law Practice Group specializes in simple and complex litigation involving probate matters, guardianships, trust accountings and estate administration. We represent our clients’ interests vigorously, compassionately and cost-effectively. We promote amicable resolutions through alternative dispute opportunities but will zealously advocate for client’s interests in court when necessary.


Estate Planning

We are committed to helping you and your family plan for the future to ensure that your wishes are realized in a coordinated and thoughtful manner. Our services include estate planning strategies taking into account your family’s legal, financial, medical, social and interrelational issues as well as developing a life plan so primary caregivers will have peace of mind that your loved one will be cared for properly when you are no longer able to do so. Developing estate plans help to protect your loved one’s access to government benefits and medical programs and we help you to address and plan for the ever changing estate tax laws.


Medicaid and Government Planning

People work a lifetime to accumulate an estate that can be depleted due to the cost of medical and long term care. While there are numerous programs and services for elderly and disabled individuals and their families that cover these costs, finding and understanding the available options can be confusing and overwhelming. Our team can help navigate the maze of government benefits to ensure you receive the services and entitlements available.   We are available to help you and your loved ones address the cost of long term care, preserve assets and file Medicaid applications and we advocate on behalf of clients whose benefits have improperly been denied.


Special Needs Trusts

Our attorneys educate and assist families and other attorneys regarding the preparation and establishment of Special Needs Trusts for disabled individuals.

Our goal is to assist in providing for and protecting the assets of your special needs loved one or beneficiary. These assets may be from the result of a litigation reward, and this trust helps our clients prepare for the beneficiary’s needs for the duration of their lifetime – in order to best enhance their quality of life.

We also specialize in the establishment of Supplemental Benefits Trusts, designated to protect the inherited assets of physically or mentally disabled persons.


Other Practice Areas

The legal needs of the elderly, disabled, and their families are many and diverse. Seldom do these issues occur in isolation. As a result, it is necessary for elder law attorneys to handle a broad range of matters that are tailored and coordinated to meet the specific goals and needs of the client.

As an added benefit to better serve our clients, the Chair of our Department, Richard I. Miller, is a Certified Elder Law Attorney, Certified by the National Elder Law Foundation, an accredited organization of the American Bar Association.

December 6, 2018Mandelbaum Salsburg's December 2018 Elder Law Alert

The December Elder Law Newsletter is now available. In this issue you can read about Medicare Supplemental Coverage, Nursing Home Surveillance and more. Click here to read this month's issue....

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September 24, 2018Mandelbaum Salsburg's September 2018 Elder Law Alert

Check out our latest Elder Law alert that deals with a recent change to VA benefit rules by the VA. Click here to read more....

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September 5, 2018Richard Miller Spoke at Brightview Senior Living

Richard Miller, Chair of Mandelbaum Salsburg's Elder Law Practice Group presented on September 5, 2018, to seniors at Brightview Senior Living in Randolph about "The Myths and Misconceptions of Elder Care Planning."...


August 20, 2018Mandelbaum Salsburg Welcomes New Of Counsel Eric Goldberg

We are pleased to share with you our new Of Counsel relationship with Eric Goldberg of the NJ Elder Law Center/Goldberg Law Group. Eric brings a wealth of experience and allows us to branch into other areas of Elder Law to better serve our clients' needs. With the addition of Eric, Mandelbaum Salsburg expands its scope of services to include Veteran's benefits, New York Medicaid planning and applications and Pennsylvania estate planning....

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July 30, 2018Richard Miller Answered a Star Ledger Readers Question on the Importance of Having a Will

Richard Miller, Chair of the Firm's Elder Law Practice and a Certified Elder Law attorney, recently answered a Star Ledger reader's question on the importance of having a will....

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July 16, 2018Essex County's Top Lawyers List 2018

We are pleased to announce that seven of our attorneys have been voted by their peers to be included in Morris/Essex Health & Life Magazine's Essex County's Top Lawyers List for 2018. Congratulations to Barry R. Mandelbaum (Real Estate), Robin F. Lewis (Real Estate), Richard Miller (Elder Law), Vincent J. Nuzzi (Criminal Defense), Michael Saffer (Commercial Litigation), Lynne Strober (Family Law), and Doug Eilender (Land Use and Environment)....


13 Feb2017 Mandelbaum Salsburg Year in Review

We are pleased to share our 2017 Year in Review which highlights some of the Firm's notable successes during the last year. We are thankful to our clients who have allowed us to continue doing what we love. We continue to expand our practice areas and bench to reflect our clients needs....

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11 OctRichard Miller answers NJ.COM Biz Brain Reader's Question on New Jersey Inheritance Tax and the new Govenor

Richard Miller, the Firm's Elder Law Practice Group Chair and Co-Chair of its Special Needs Practice Group, was recently asked by nj.com to answer a reader's question on New Jersey's Inheritance Tax and his thoughts on what the new Governor will do. Read Richard's response here: https://lnkd.in/epeAwEi...

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22 SepRichard Miller to Speak at NJICLE Program on "Handling Contested Guardianships"

On Thursday October 5th Richard Miller, Chair of the Firm's Elder Law Practice Group and Co-Chair of its Special Needs Practice Group will be presenting as part of a panel on "Handling Contested Guardianships"at the New Jersey Law Center. This NJICLE course will cover what to do when the matter unavoidably ends up in a courtroom. Attorneys can learn tools to effectively represent their clients and learn about the latest cases dealing with guardianships and what the holdings mean to you!...

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23 JunRichard Miller answers NJ.Com "Biz Brain" question on Lowering an Estates Value Before Death

Richard Miller, Chair of the Firm's Elder Law Department, was featured in today's Nj.com "Biz Brain" section answering a readers question on lowering an estate's value before death....

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21 JunRichard Miller Answers NJ.com "Biz Brain" Question on the Inheritance Tax in New Jersey

Richard Miller, Chair of the Firm's Elder Law Department, is featured in the June 21, 2017 nj.com "Biz Brain" section where he answers a readers question on the inheritance tax....

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19 JunShawna Brown Joins Mandelbaum Salsburg's Elder Law, Trusts & Estates and Special Needs Groups

We are pleased to welcome Shawna A. Brown who has joined the Firm’s growing Elder Law, Trusts & Estates and Special Needs Practice Groups as an Associate. She focuses her practice on estate administration and litigation, including contested and uncontested probate, administration and accounting proceedings. Prior to joining Mandelbaum Salsburg, Shawna was an associate at a New York City law firm where she counseled the Public Administrator of New York County in connection with estate administration. She earned her B.A. from Rutgers University and her J.D. from New York Law School. She is admitted in New York and New Jersey....

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On behalf of the Mental Health Association of Essex and Morris, Inc., and the 30+ family members in attendance last night, I want to thank you for your most informative presentation. As expected, you were terrific in explaining often confusing topics for many of our families and showed them patience and respect as the true professional that you are. We heard from a few families today that called to thank us for inviting you as they felt it was a very valuable session. Next week when we reconvene, I will get more feedback and will inform them of the waived consultation fee. I hope that many of them use your talk last night as the impetus to stop procrastination. I love Mandelbaum and they are my “go to” law firm for everything legal for all my clients an family.

~ Marvin


"I wanted to let you know we are extremely pleased with your referral of Richard Miller. The guy knows he stuff, great listener and has really impressed us. We just finished up with all the estate docs and the process could not have been better thanks to Richard. Thanks so much for the awesome referral."

~ Matt