ELDER LAW
Planning for the Future. Preserving Your Family’s Assets.
Medicaid planning, guardianship, and long-term care counsel from an attorney with clinical nursing experience who understands the medical realities of aging — not just the legal ones
Aging brings legal questions that most people are not prepared for. How do you pay for long-term care without losing the assets you spent a lifetime building? What happens when a parent can no longer manage their own finances? Who makes medical decisions if your spouse develops dementia?
At The Himmel Law Firm, I provide elder law services throughout Elizabeth, Union County, and New Jersey to families who need clear answers and thoughtful planning at a difficult time. What sets my practice apart is my dual background — before law school, I earned my BSN from Rutgers and worked as a registered nurse in emergency departments at Level I trauma centers.
Elder Law Services We Provide
Medicaid Planning & Asset Protection
A private nursing home room in Union County exceeds $13,000/month. We develop lawful Medicaid planning strategies — irrevocable trusts, spousal protections, spend-down strategies, and caregiver agreements — to protect your assets while qualifying for benefits.
Long-Term Care Planning
From home health aides to nursing facilities, we evaluate the full range of care options and build a legal and financial plan — including veterans' benefits, long-term care insurance, and care coordination — to support your loved one.
Guardianship Proceedings
When an elderly adult is incapacitated without a power of attorney, the family may need court-appointed guardianship. We represent both petitioning families and alleged incapacitated persons, bringing clinical insight to the medical evidence.
Special Needs Planning
Supplemental needs trusts allow your disabled family member to benefit from your assets without losing Medicaid, SSI, or other benefits. We also advise on ABLE accounts and structured settlement protections.
Elder Abuse & Financial Exploitation
We help families identify signs of financial exploitation, take legal action to recover stolen assets, seek emergency guardianship, freeze accounts, and pursue civil remedies against abusers.
A Nurse and an Attorney: Why That Matters in Elder Law
Elder law sits at the intersection of legal planning and healthcare reality. The attorney who prepares your Medicaid application needs to understand what level of care your loved one requires. The attorney who represents you in guardianship needs to interpret neuropsychological evaluations. My clinical experience, educational role in bioethics, and ongoing emergency medical service give me a fluency in healthcare that directly strengthens my legal practice.
The Cost of Not Planning
$13K+
per month for a private
nursing home room in NJ
$2K
Medicaid asset limit
for individuals in NJ
$6K+
per month for assisted
living in Union County
5 yrs
Medicaid lookback
period in New Jersey
Frequently Asked Questions
-
Before there is a crisis. The five-year lookback period means earlier planning gives you more options. But even in a crisis, planning can still make a meaningful difference.
-
Medicaid reviews all financial transactions made within 60 months preceding an application. Gifts or below-market transfers may result in a penalty period of ineligibility.
-
Your home is generally exempt while you're living, but Medicaid may seek recovery from your estate. Options include irrevocable trusts, caregiver child transfers, and life estates — each with different legal and tax implications.
-
A power of attorney is voluntary, signed while competent. Guardianship is a court proceeding for someone already incapacitated — far more expensive, time-consuming, and restrictive.
-
Medicare covers limited skilled nursing — typically up to 100 days after a qualifying hospital stay. It does not pay for long-term custodial care. Medicaid is the primary funding source for long-term care.
Get Help With Your Family's Elder Law Needs
If you're facing decisions about a parent's care, trying to understand Medicaid, considering guardianship, or simply want to plan ahead — I am here to help. You'll work directly with an attorney who understands both the legal framework and the clinical realities of aging.