Elder and Special Needs Law

While people are enjoying longer lives than ever, advanced age and the desire to preserve family assets frequently brings with it significant legal and financial questions and issues.  Similarly, individuals with special needs, and their families, are challenged to find legal solutions when creating a care management system and securing the resources to provide for their lifetime care and support.

At Schenck, Price, Smith & King, we protect the legal rights and financial resources of, and advocate for, seniors and those with disabilities, as well as the families that care for them.  Our lawyers advise clients in connection with planning for aging, illness, incapacity, disability, and the costs and repercussions of long-term care.  Families with children who have serious and permanent disabilities face unique challenges, especially as those children become adults and the parents age and face the prospect of providing care and financial support for their children after they are gone.  For these families, estate planning typically involves providing for the child’s needs without jeopardizing their eligibility for needs-based governmental benefits. 

We see our responsibility as helping our clients identify the issues or problems they are confronting, finding solutions tailored to their particular needs and providing them with the security and peace of mind that they deserve.   In addition to our knowledge and experience in this field, because of the size and scope of our practice, we are able to draw on colleagues within our firm with knowledge and experience in other relevant areas of the law, including tax and employment.

Our team aims to protect our client’s family, preserve their assets and provide for the care that all members of the family need.  Our attorneys have long focused in these areas of the law and are widely recognized in their field, speaking frequently on related topics, teaching other practitioners and holding positions of leadership in the profession.  We have:

  • Been certified as Elder Law Attorneys by the National Elder Law Foundation,
  • Been invited to join the exclusive, national Special Needs Alliance,
  • Co-founded and have held leadership positions – including the presidency – in both the National Academy of Elder Law Attorneys (NAELA) and its New Jersey chapter,
  • Been recognized by the Senate and General Assembly of New Jersey in a joint resolution for service to those with special needs,
  • Been repeatedly recognized by NJBiz, New Jersey Monthly and the New Jersey Law Journal as top lawyers in our field,
  • Been added to the invitation-only NAELA Council of Advanced Practitioners,
  • Served as trustees of the Guardianship Association of New Jersey, Inc.,
  • Served on the Elder Law Committee of the American College of Trust and Estate Counsel,
  • Spoken on relevant topics before professional organizations such as NAELA, NBI and the New Jersey Institute for Continuing Legal Education.

At SPSK, we understand that clients and their families frequently turn to us at particularly challenging times in their lives.  We recognize the emotional toll this can take and do whatever it takes to provide assistance, guidance and support with sensitivity and care.

Schenck, Price, Smith & King, LLP has been named to the 2017 U.S. News & World Report and Best Lawyers "Best Law Firms" for 2017.  Our firm received a Tier 1 Ranking, the highest level, for the Metropolitan New Jersey area in the category of Trusts & Estates Law.  The U.S. News - Best Lawyers "Best Law Firms" rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.

Services to Clients

Our attorneys assist their clients in a variety of ways, including:

  • Advising clients about and preparing personal and financial management vehicles such as living wills, health care proxies, general durable powers of attorney, and revocable and irrevocable trusts.
  • Advising clients regarding asset protection and government benefits such as Medicaid, Medicare, Veterans benefits, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) that are available to a child with disabilities or to themselves in the event of their own incapacity.  We advise clients about lifetime gifts, irrevocable trusts and family business entities in connection with asset protection, and the appropriate use of long-term custodial care insurance.
  • Counseling clients with a minor or adult child with disabilities in the areas of long-term care planning together with asset protection planning for lifetime care and support of the person with disabilities through an appropriate special needs trust.