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Don McHugh

McHugh & Macri

Don McHugh

McHugh & Macri

Don McHugh

McHugh & Macri

Donald M. McHugh is a senior partner of McHugh & Macri, Esqs. in East Hanover which was established in 1978. His prior background is in real estate, land use, planning and municipal law until his primary focus became elder/disability law in 1995. Prior clients include Sandoz Pharmaceuticals (now Novartis Pharmaceuticals); the Township of East Hanover Municipal Boards; Costco Wholesale; Commerce Bank; and Matzel & Mumford, Builders. His current practice addresses medical spend down and asset preservation planning to provide for the supplemental needs of the elder client; he has extensive experience in administrative law litigation from Fair Hearing through Appellate Division appeals. He prosecuted the Johnson v. Guhl case through the Federal Court system from 1998 through 2003; achieved the landmark ruling In re Labis which permits guardians to conduct Medicaid planning and assisted his fellow counsel to expand the Labis authority to non-spousal cases in In re Keri. In 2004, in his A.B. case, State payback requirement on commercial annuities was overturned.

Donald M. McHugh is a Certified Elder Law Attorney, certified by the National Elder Law Foundation; a member of NAELA; 2005 Chair of the Elder/Disability Law Section of the New Jersey State Bar; Chair of subcommittees on N.J. Medicaid regulation compliance, assisted living facility regulations and current annuity litigation nationwide. He is a frequent author and lecturer on elder/disability law to the public, charitable organizations and professional legal and accounting societies, including ICLE and the annual seminar for Administrative Law Judges on Medicaid issues. He is a co-author of pending legislation in the State Senate and Assembly on disability trusts.

Mr. McHugh is admitted to practice in New Jersey, the United States District Court for the District of New Jersey and the United States Court of Appeals for the Third Circuit and is a member of the State and County Bar Association.

He received his undergraduate degree from Seton Hall University and graduated cum laude from Seton Hall University School of Law in 1973 and has privately practiced since his admission to the bar in 1973.

Firm Description

Principals, Donald McHugh and Vincent Macri, have practiced together for 31 years and are both CELA's. The firm's attorneys specialize in elder law, including Medicaid planning, Medicaid applications, asset protection, nursing home and probate litigation, tax and estate planning, related real estate, estate and trust administration, special needs trusts, power of attorney and guardianship.

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What Is an Elder Law Attorney?

Main Office

49 Ridgedale Avenue
East Hanover, NJ 07936

On the web

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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