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Disability Planning for NJ Residents (Video 1 of 4)

December 15, 2019


The Law Office of Donald D. Vanarelli presents Disability Planning for NJ Residents Donald D. Vanarelli, Esq. NJ Elder Law Series Video 1 Alright folks, I guess we’ll get started.
Thank you for coming.
(Aside: No, I think it’s OK, Gin.) Everybody can see right? And you have the materials?
OK. OK. I’m Don Vanarelli and I am going to go through these four topics. OK? How’s that? Better? We’re trying to take a film of this. It’s my first time. We’ll see how it comes out. OK. Feel free to ask questions as we go through. OK? Planning for Disability. You’re getting older, sometimes you lose your mobility. What are some of the issues you may face? What kind of arrangements can be made to substitute decision making? When you can’t make decisions anymore, what’s out there available to people? And they basically fall into two groups… …where you have to go outside of yourself. You can’t make voluntary arrangements. So voluntary arrangements is number one… …and preferable. Then there’s court-ordered arrangements. The court-imposed substitute decision-making in New Jersey… the situation situation today give instructions and their hospitals quickly to make the
decision regarding medical care permitted to make decisions that a good
good to have the stuff set up a friend could be anybody really but better than
you know if you’re anybody who doesn’t know you usually an attorney is going to
be a point it has to conduct an investigation and made it to make a
decision and maybe a decision that you would never hurt me but the person is it
your stranger to that person ok DNR orders covered this this is to
tell the medical providers that you don’t want tarnow pol in areas such as
patient it’s really an end of life situation usually assigned when somebody
has terrible disease in this suffering from dementia Alzheimer’s disease they
could be running back situation where the heart stops beating but there’s no
quality of life so you may make a decision that you don’t want
these extraordinary measures and impose this is something new they came out this
post order a practitioner order forces for life-sustaining treatment it’s a way
to ensure that your wishes are carried out because you had talked it over with
your doctors with your loved ones you decided to type of care that you want
and you sign in order and the doctor signs that indicates that type of care
that you’re supposed to get advance medical directive there’s always a
situation where doctors have to agree they do get a say in what’s going on
because it is not really what the doctor would recommend so they they make it
contingent on what doctors who say this kind of thing you can sign and it’s it’s
a doctor or that’s injured in advance where you can ensure that they care that
is indicated some of the characteristics of the polls directed at work and the use of psychiatric advance
directive again a new type of that you can express your wishes and do some kind
of mental breakdown mental issue you can indicate take care that you would want
and taking a substitute decision-maker so so that you can be sure that the
people that know you the best are gonna make decisions about you that’s what
it’s all about otherwise you know the decision to be
made and you don’t appoint somebody somebody else is gonna be appointed and
going to be going to be making recommendations to the court and you may
not agree to any questions so try different substitute decision right
vehicles so trust is not an important type of the state planning tool and it’s
really you know we think of a trust documents prepared to trust in your side
and you gonna put money into the trust you put assets into the trust the
trustee has to do what you say I really wouldn’t you appoint somebody is a
trustee you’re creating relationship with the person it’s really a
relationship creator where you are pointing somebody
who takes on the task of performing their duties the documents so that he’s here she is
most active your best centrist so you know you say what you want to happen but
the person is empowered and really obligated to act so that your wishes as
expressed are carried out the best way and that’s really what it’s all about included transfer special and personal trust fund
and still be getting government benefits based on financial need like most eligible for exercise or food
stamps or they’re based on your medical needs perform certain activities of daily
living so you have to be and you have to be low income and resources but here’s a
way you can qualify for medicaid pays for a lot of different medical care for
people to save the lives in the city’s etcetera medicaid you can stop the trust fund
it’s a special needs trust so that you can improve the quality of life of the
deceased person is medicaid pays for medical care for room and board any
other things that you may wanna do it’s not going to supply if you would like to
have a computer doesn’t pay for the computer if you want a TV set if you
would like to occasionally go out of the facility and stay overnight somewhere none of those things are so to improve
the quality of life this type of trust was permitted under the Medicaid law so
you can supplement your public so any kind of any kind of government benefit
based on financial need you could like section 8 housing you can
be sure that the person oK so that’s my presentation of planning for disability any questions

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