Capehart Scatchard, P.A.
Mount Laurel, NJ
Mount Laurel firm dating to 1876, with large workers' comp, estates and elder law, real estate and litigation groups.
Morris County · Elder Law
2 firms in Morris County list elder law as a practice area.
The firms below have offices in Montville and Morristown. Elder law focuses on the legal needs of older adults and their families: paying for long-term care, Medicaid eligibility, guardianship, special needs trusts and protecting a spouse who stays at home.
Elder law attorneys often charge flat fees for Medicaid applications and planning, and hourly rates for guardianships.
Mount Laurel, NJ
Mount Laurel firm dating to 1876, with large workers' comp, estates and elder law, real estate and litigation groups.
Sparta firm handling injury and workers' comp claims, wills and elder law, employment, land use and business matters.
In New Jersey, a guardian for an adult is appointed by the Superior Court, Chancery Division, Probate Part, after a verified complaint is filed with the Surrogate in the county where the person lives. The complaint is generally supported by affidavits from two physicians (or a physician and a licensed psychologist) who examined the person within 30 days, and the court appoints an attorney for the person. Courts can order a limited guardianship, and a power of attorney or health care proxy may avoid court altogether.
6 min read
A special needs trust holds money for a person with a disability without disqualifying them from means-tested benefits like Medicaid and SSI. In New Jersey, a first-party trust holds the person's own money, must be funded before age 65 and must repay Medicaid at death, while a third-party trust funded by family generally has no payback requirement. An NJ ABLE account is a simpler savings option for people whose disability began before age 46.
6 min read
In New Jersey, Medicaid long-term care is provided through NJ FamilyCare's Managed Long Term Services and Supports (MLTSS) program. In 2026, a single applicant generally can have no more than $2,000 in countable resources, and anyone with income over $2,982 a month needs a Qualified Income Trust. Transfers made in the five years before applying are reviewed and can trigger a penalty period.
6 min read