Resource · New Jersey
New Jersey Medicaid and Long Term Care:
A Family Guide.
An overview of how Medicaid fits into paying for long term care in New Jersey, and the questions to bring to an elder law attorney.
Please note: The Himmel Law Firm is not currently accepting Medicaid planning, Medicaid applications, guardianship proceedings, or other elder law matters. This page is general information only. If you need help with these issues, call (908) 671-1434 and we will suggest attorneys who focus on this work.
Key Concepts
What Families Should Know.
The 60 month look back
New Jersey reviews financial transactions made during the 60 months before a Medicaid application. Gifts or transfers for less than fair value can create a penalty period.
Protections for the at home spouse
Special rules let a spouse who remains at home keep a portion of the couple's assets and income. The calculations are technical.
The family home
A primary home is often treated differently from other assets, but estate recovery may apply after death in some cases.
Revocable trusts don't shield assets
Assets in a revocable living trust remain countable. Planning for long term care requires different tools, usually well in advance.
Questions to Ask
Before You Move Any Assets.
- Which assets are countable, and which are exempt?
- Have any gifts or transfers happened in the last five years?
- Are a power of attorney and advance directive already in place?
- What happens to the home, and could estate recovery apply?
Plan Ahead While You Can.
Powers of attorney and healthcare directives are part of every estate plan we prepare. They let the people you trust act for you if you cannot.
Learn About Estate Planning →This page is general information about New Jersey law and is not legal advice. Medicaid rules, limits, and costs change; confirm current rules with a qualified elder law attorney or the New Jersey Division of Medical Assistance and Health Services. Reading this page does not create an attorney-client relationship.