Comprehensive Guide to Elder Law in Red Bank
At Jay Johnson Law Firm in Red Bank, we help older adults and their families plan for the legal and financial matters that come with aging. Our approach focuses on clear communication, practical options, and tailored plans that fit each family’s needs. We discuss long-term care planning, guardianship alternatives, powers of attorney, benefits eligibility, and estate transition matters so clients can avoid unexpected complications. This introduction offers a straightforward overview of what to expect when seeking elder law guidance in Hamilton County, including common timelines, typical costs to prepare for, and how we coordinate with financial and health care advisers to support sound decision making.
This guide is designed to help families and older adults understand important legal choices and how those choices can affect independence, assets, and health care decisions. We describe typical legal documents used in elder planning, steps to protect income and property, and ways to prepare for possible care needs. Readers will find plain-language explanations, practical next steps, and a checklist of items to gather before a meeting. Whether you are planning proactively or responding to an urgent situation, the information that follows will help you identify which services may be right for your circumstances and how the firm supports clients through each stage of planning and administration.
Why Elder Law Planning Matters for Families in Red Bank
Planning for later-life legal matters can protect assets, preserve family relationships, and ensure that personal wishes are honored when capacity or health changes. Proper planning reduces the likelihood of court intervention, streamlines benefit applications, and clarifies decision-making authority for health care and finances. It also helps families anticipate long-term care costs and address the impact of those costs on inheritance and day-to-day living. By putting appropriate legal documents and plans in place, families can reduce stress during medical crises, avoid delays in care access, and create a clear roadmap for loved ones charged with handling financial and personal affairs.
About Jay Johnson Law Firm and Our Approach to Elder Matters
Jay Johnson Law Firm provides focused support for families in Hamilton County navigating elder law matters. Our practice prioritizes careful listening, personalized planning, and practical solutions that reflect each client’s values and resources. We coordinate with medical providers, care managers, and financial advisors to develop plans that are realistic and implementable. The firm emphasizes clear communication about options and likely outcomes, helping clients and families understand trade-offs and timelines. Whether preparing documents, assisting with benefit eligibility, or managing transitions after a death or incapacity, our team aims to make the process as manageable and clear as possible for everyone involved.
Understanding Elder Law: What It Covers and Why It Helps
Elder law covers legal matters commonly encountered by older adults and their families, including health care decision tools, asset protection for long-term care, retirement and benefit issues, and end-of-life planning. This area of law seeks to align legal tools with personal goals, such as maintaining independence, preserving resources for family, or ensuring dignity in care. We explain the purpose and practical effect of common documents and actions, how they work together, and which options often make sense depending on financial and health situations. The objective is to give clients confidence that their legal framework supports their intentions and adapts as circumstances change.
When families plan ahead, they reduce the likelihood of disputes and delays during times of stress. Elder law also intersects with public benefits that help pay for care, and understanding those intersections can prevent loss of resources that would otherwise be spent unnecessarily. We provide guidance on qualifying for benefits, structuring transfers, and timing decisions to preserve options. This service includes educating family members on roles and responsibilities, preparing durable legal documents, and creating realistic plans that reflect both current needs and future possibilities.
Defining Elder Law and Common Legal Tools
Elder law involves legal strategies that address the needs of aging adults, ranging from planning for medical decision-making to arranging finances for long-term care. Common legal tools include powers of attorney for finances, advance directives for medical care, living wills, living trusts or wills for estate transition, and guardianship alternatives. Each tool serves a specific purpose and carries different legal effects, so selecting the right combination requires understanding a person’s health, financial picture, and family dynamics. Our role is to explain these tools in plain language and help clients choose actions that best protect their interests and reflect their values.
Key Elements and Typical Steps in Elder Law Planning
A thoughtful plan typically begins with a thorough interview to identify goals, assets, and concerns, followed by a review of existing documents and benefit eligibility. Next comes drafting or updating powers of attorney and health care directives, recommending asset management techniques, and advising on strategies to protect resources from high long-term care costs. Some matters may require coordination with accountants, care coordinators, or family trustees. Throughout the process, we emphasize stepwise implementation, prioritizing immediate legal needs while documenting longer-term tasks and timelines so families can act with confidence based on a clear plan.
Key Terms and Glossary for Elder Planning
Understanding terms commonly used in elder planning helps families make informed decisions and communicate clearly with advisors and service providers. This glossary provides concise explanations of frequently encountered words and phrases, including how they relate to one another and to practical choices. Familiarity with these terms reduces confusion when completing forms, speaking with benefits offices, or making legal decisions. We recommend reviewing these definitions before meetings so clients can ask targeted questions and be better prepared to select and execute the documents and strategies that are appropriate for their situation.
Advance Directive
An advance directive is a written document that outlines a person’s wishes for medical treatment if they become unable to communicate those decisions. It often includes instructions about life-sustaining treatments and designates who should make health care decisions on the person’s behalf. An advance directive helps reduce uncertainty during medical crises and provides clear guidance to health care providers and family members. Drafting one requires careful thought about values, acceptable interventions, and scenarios in which such instructions should apply, and it is usually accompanied by related health care powers that authorize a chosen decision maker to act.
Guardianship
Guardianship is a legal arrangement where a court appoints an individual to make personal or medical decisions for someone deemed incapacitated. Because guardianship removes decision-making authority from the person and places it with another, courts typically view it as a last resort when less restrictive alternatives are unavailable. The process involves court filings, evaluations, and sometimes hearings, and it can be time consuming and costly. Families often explore alternatives first, such as durable powers of attorney and health care agents, to preserve as much autonomy as possible while ensuring decisions are made in the person’s best interests.
Durable Power of Attorney
A durable power of attorney for finances is a document that designates an agent to manage financial affairs if the person cannot or prefers not to handle them. It remains effective even if the principal becomes incapacitated, provided it is drafted to be durable. This tool allows for continuity in paying bills, managing investments, and handling transactions without court intervention. Proper drafting includes clear authority limits, successor agents, and instructions about when the authority becomes effective so that families can avoid gaps in financial management while respecting the principal’s preferences.
Medicaid Planning
Medicaid planning refers to legally arranging finances and assets to help qualify for Medicaid coverage of long-term care when needed, while striving to preserve as much of the person’s resources as possible. This process requires careful timing and adherence to state rules about asset transfers, look-back periods, and income treatment. The goal is to secure access to benefits that help pay for nursing home or in-home care without unnecessary depletion of family resources. Planning often involves assessing savings, property, and income streams to recommend options that are appropriate for the individual’s situation and consistent with applicable regulations.
Comparing Limited and Comprehensive Elder Law Options
When choosing legal services for elder matters, families often weigh limited assistance against a full planning approach. Limited assistance typically addresses one or two immediate documents or tasks, which can be efficient for narrowly focused needs. A comprehensive approach covers a broader set of concerns, such as integrating powers of attorney, health care directives, asset protection, and benefit planning to provide a coordinated plan. The right choice depends on complexity, family dynamics, and whether future care needs are likely. Understanding what each option includes, the expected follow-up, and how services coordinate with other advisors helps families select the approach that best meets their goals.
When Limited Legal Help Is Appropriate:
Addressing Immediate Document Needs
A limited approach can be appropriate when clients need to quickly put a few essential documents in place, such as a durable power of attorney and a health care directive, without broader asset or benefits planning. This is often the case when capacity remains intact and resources are straightforward, without complex investments or property held across multiple states. Quick, focused assistance helps ensure that immediate decision-making authority is established and medical wishes are documented so families have legal tools ready in the event of an unexpected health event.
Low Complexity Financial and Family Circumstances
Clients with simple financial situations, minimal assets, and clear family arrangements may find a limited plan meets their needs. When the goal is to document basic directives and designate trusted decision makers, and there are no foreseeable long-term care funding issues, a targeted set of documents can bring peace of mind without the time and cost of a comprehensive review. This route can also serve as a starting point, with the option to expand the plan later as circumstances change or become more complex.
Why Some Families Choose a Comprehensive Planning Approach:
Protecting Assets from Long-Term Care Costs
A comprehensive planning approach is often chosen when there are significant assets, potential long-term care needs, or concerns about preserving family wealth for heirs. Comprehensive planning examines whether and how to structure assets, update beneficiary designations, and time transactions to coordinate with public benefits rules. It can incorporate trusts, use of marital planning strategies, or other techniques to maintain financial stability for the care recipient and their family. The goal is to balance current needs with long-term preservation so families can avoid unnecessary depletion of the estate during care expenses.
Managing Complex Family or Legal Situations
Comprehensive services are helpful when family dynamics, multiple properties, business interests, or out-of-state assets complicate planning. In such cases, a coordinated plan reduces the likelihood of disputes, unintended tax consequences, or gaps in authority that can hinder care decisions. These arrangements often require careful drafting, coordination with other advisers, and a clear succession plan for decision makers. Addressing these complexities proactively provides a stronger legal framework to support both immediate needs and longer-term goals for the family.
Benefits of a Coordinated Elder Law Plan
A coordinated plan provides clarity about who will make decisions, how care will be funded, and how assets will be managed and transitioned. It reduces uncertainty for family members, streamlines interactions with financial institutions and medical providers, and can limit the need for court involvement. By addressing multiple issues at once, comprehensive planning often saves time and stress during a crisis by preventing last-minute scrambling. It also enables better integration with tax and financial planning to minimize unexpected expenses and preserve family resources for intended beneficiaries.
Comprehensive planning supports continuity when circumstances change by documenting successor decision makers and creating adaptable structures. It allows for careful timing of actions related to benefits eligibility, property ownership, and retirement accounts so that transitions happen smoothly. With thoughtful planning, families can reduce the risk of disputes and create a clear road map for trustees and agents to follow. This clarity often leads to faster access to funds or benefits when they are needed and reduces administrative burdens for those tasked with managing affairs during difficult times.
Greater Financial Protection for Care Needs
When a plan considers long-term care scenarios, it can include measures to protect assets and income streams while accessing public benefits when appropriate. This protection helps preserve funds for ongoing living expenses and legacy goals, rather than allowing care costs to consume an estate quickly. Financial protection strategies are tailored to the person’s particular holdings and goals, and include steps to avoid unnecessary spending or transfers that could jeopardize benefits. The result is a more secure financial footing during care and a clearer path for preserving resources for family members.
Smoother Transitions and Fewer Delays
A coordinated approach reduces the paperwork and friction families face when a loved one’s condition changes. Clear legal authority and up-to-date records speed interactions with banks, health care providers, and benefits administrators, which can be critical when timely decisions affect care and access to funds. Advance planning also identifies successor decision makers and backup procedures so transitions occur without interruption. This preparation minimizes the emotional and administrative burden on family members who must act during stressful periods, making the entire process more manageable for everyone involved.
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Practical Tips for Effective Elder Planning
Start with clear goals and document priorities
Begin planning by identifying priorities such as maintaining independence, preserving assets for family, or ensuring comfortable long-term care. Documenting these goals helps guide legal decisions and informs which tools are most appropriate. Share these priorities with family members and advisors so everyone understands the objectives. Having written goals reduces misunderstandings and makes it easier to draft documents that reflect true intentions. This initial clarity also helps determine whether a limited or comprehensive approach is the right fit, saving time and reducing the need for later revisions as circumstances evolve.
Keep key documents accessible and up to date
Coordinate with your financial and medical advisers
Elder planning often touches investments, retirement benefits, insurance, and medical care decisions, so coordinating with financial planners and health care providers produces more effective outcomes. Share legal documents and plans with those advisers so they can align recommendations and avoid contradictory actions. Coordination helps ensure that benefit eligibility, tax implications, and care coordination are handled in ways that support the overall plan. This collaborative approach reduces surprises, improves timing for key actions, and helps families implement strategies in an organized manner when care needs arise.
Reasons to Consider Elder Law Services in Red Bank
People seek elder law services for many reasons, including the need to appoint decision makers for health and finances, to plan for potential long-term care costs, or to put an orderly estate plan in place. Families facing declining health, anticipated changes in living arrangements, or complex asset portfolios often benefit from clear legal structures. Services can also aid those who want to minimize family conflicts over decision making or asset distribution, and those who wish to ensure benefits access while preserving resources for loved ones. Early planning makes transitions easier and helps avoid emergency court proceedings.
Other considerations include protecting eligibility for public benefits, coordinating retirement and investment decisions with care plans, and documenting medical wishes to avoid family disputes. Some clients pursue planning after a triggering event, such as a hospitalization or diagnosis, while others take a proactive approach to preserve independence and control. Regardless of timing, legal planning provides clarity and actionable steps so that families can respond quickly and with confidence when circumstances change. The right plan reflects both practical realities and personal values to guide future decisions.
Common Situations That Lead Families to Seek Elder Law Help
Common circumstances prompting legal help include changes in cognitive capacity, new or increased care needs, significant medical events, the sale or transfer of property, and concerns about paying for long-term care. Families also seek assistance when a loved one lacks basic documents, such as durable powers or health directives, or when beneficiary designations conflict with estate plans. These scenarios create urgency to establish authority and access to funds quickly. Legal assistance helps identify immediate priorities and implements documents or strategies to protect personal welfare and financial stability during transitions.
After a Hospitalization or Diagnosis
Following a serious hospitalization or new medical diagnosis, families often must make swift decisions about care, living arrangements, and finances. This period can reveal missing documents or unclear authority, making it difficult to act on the patient’s behalf. Legal planning at this stage focuses on documenting decision makers, ensuring access to funds for care, and coordinating with health care providers to implement the person’s wishes. Immediate legal steps can reduce delays in treatment decisions and help families focus on recovery and support rather than administrative obstacles.
When Long-Term Care Becomes Likely
When the need for long-term care becomes likely, families face decisions about funding care and protecting assets. Planning may involve reviewing eligibility for benefits, adjusting ownership of assets, and creating a financial strategy that supports both care and legacy goals. Addressing these issues proactively allows time to consider options that may not be available under urgent timelines. Legal guidance helps families set realistic budgets for care, identify resources to offset costs, and implement documents that protect both the person receiving care and the family members who may provide or fund services.
When There Are Multiple Heirs or Blended Families
Blended families or situations with multiple potential heirs can create complications in planning and increase the potential for disagreement after a loss. Legal planning helps clarify intentions for asset distribution, specify who makes health and financial decisions, and establish clear instructions for property division. Creating written documents and having frank conversations with family members reduces surprises and helps preserve relationships. A well-drafted plan sets expectations and provides mechanisms to resolve disputes, making it easier for surviving loved ones to carry out the person’s wishes without prolonged conflict.
Local Legal Services for Elder Law in Red Bank
Jay Johnson Law Firm is available to assist Red Bank residents with elder law needs, whether you are preparing documents for future planning or responding to immediate issues. We provide in-office and phone consultations to review your situation, recommend practical steps, and prepare necessary paperwork. Our goal is to make the process accessible and understandable so families can take action with clarity and confidence. If you are unsure where to start, scheduling a discussion will help identify priorities and produce a manageable plan tailored to your circumstances and desired outcomes.
Why Families Choose Jay Johnson Law Firm for Elder Matters
Families choose our firm because we focus on clear communication, practical solutions, and individualized planning for elder matters. We prioritize listening to client goals, explaining options in accessible language, and developing plans that fit both family dynamics and financial realities. Our approach emphasizes step-by-step implementation so clients know what to expect at each stage, who will handle specific tasks, and how decisions interact with health care and benefits systems. This transparent process keeps families informed and reduces surprises during stressful transitions.
We work closely with clients and their other advisers to coordinate legal actions with financial and medical considerations. That coordination helps avoid conflicting actions and provides a more seamless experience when implementing plans. Clients appreciate our practical focus on achievable solutions rather than unnecessary complexity. We aim to make documents easy to follow for agents and family members who will rely on them, so handoffs and transitions happen with minimal friction and clear authority.
Our firm also values accessibility and responsiveness, offering guidance on next steps after initial planning sessions and supporting families during implementation and later updates. We counsel on realistic timelines, potential costs, and how to maintain records so that documents remain effective when needed. Whether you are establishing basic directives or developing a more comprehensive plan, we help ensure that legal tools are properly executed and integrated with broader financial and health care strategies.
Ready to Start Planning? Contact Our Red Bank Office
How the Legal Process Works at Jay Johnson Law Firm
The process begins with a focused intake to understand personal goals, assets, and immediate needs. We gather relevant documents, discuss health and family dynamics, and identify priorities for decision-making authority and asset management. After that initial review, we present a recommended plan with clear steps, timelines, and costs. Once a plan is selected, we draft the necessary documents, review them with the client, execute the paperwork according to legal formalities, and provide copies and implementation guidance so agents and family members know how to act when needed.
Step One: Initial Review and Goal Setting
In the first phase, we focus on listening and information gathering to identify the client’s goals and concerns. This includes reviewing current financial statements, existing estate planning documents, health care preferences, and family circumstances. We ask targeted questions to uncover potential gaps or conflicts and to determine whether immediate actions are necessary. The outcome of this step is a clear plan of recommended documents and priorities, which allows clients to make informed decisions about whether to proceed with limited or comprehensive planning.
Document Review and Fact Gathering
Reviewing current documents helps reveal what is already in place and what needs updating. We examine wills, trusts, beneficiary designations, and any existing powers of attorney or health directives. Understanding the client’s assets, debts, and benefit eligibility is part of this review. This fact gathering stage is designed to identify immediate vulnerabilities and opportunities to improve protections. By documenting the full picture, we reduce the chance of unexpected issues when documents need to be used and make it easier to draft clear, effective replacements or supplements.
Clarifying Goals and Priorities
Clarifying goals ensures that the legal plan aligns with what matters most to clients, whether that is maintaining independence, preserving resources, or providing for family. We discuss scenarios the client wants to prepare for and prioritize actions accordingly. This conversation helps determine which documents are essential now and which matters can be scheduled for later review. Clear priorities help streamline the planning process and allow families to focus on the most impactful steps to protect health, finances, and personal wishes.
Step Two: Drafting and Approval of Documents
After goals are set and facts gathered, we prepare the recommended documents and strategies for review. This may include durable powers of attorney, advance directives, wills, trust instruments, and any necessary agreements or beneficiary updates. We draft language tailored to the client’s circumstances and provide an explanation of how each document functions and when it will take effect. Clients review drafts, ask questions, and request modifications until they are satisfied that the documents accurately reflect their intentions and address foreseeable issues.
Tailored Drafting and Clear Explanations
Drafting is done with a focus on clarity and practical utility so that agents, family members, and institutions can easily understand their roles. We avoid ambiguous language that could cause disputes or operational delays. Each document is accompanied by clear guidance on how it should be used and any follow-up steps required for implementation. This ensures that when a document needs to be relied upon, those acting on it have the direction and authority necessary to proceed without confusion or hesitation.
Client Review and Revisions
Clients are encouraged to review drafts carefully and discuss any concerns or changes before execution. We walk through scenarios to illustrate how documents will operate in practice and make revisions to align language with the client’s intentions. This collaborative review reduces the likelihood of later disputes and increases confidence that the plan will operate as expected. Once finalized, we schedule proper execution and provide instructions for distributing copies to relevant parties and institutions.
Step Three: Execution, Distribution, and Ongoing Care
After execution, documents are distributed to designated agents, trustees, and trusted family members, and instructions are provided for institutions that may require them. We maintain a record of documents and offer follow-up guidance for implementation, such as changing account ownership, updating beneficiaries, and registering health care directives with providers. Periodic review is recommended to ensure documents reflect life changes. The firm remains available for questions and updates so the plan stays current and effective as circumstances evolve.
Proper Execution and Institutional Acceptance
Proper execution is essential so documents will be accepted by banks, medical facilities, and benefits offices when needed. We ensure signatures, notarizations, and witnessing requirements are satisfied and advise on any additional steps required by specific institutions. We can also help communicate with banks or providers to confirm they will recognize the documents. Taking these steps ahead of time prevents delays during critical moments and gives agents the legal authority they need to act on behalf of the person receiving care.
Follow-Up and Periodic Reviews
Life changes may require adjustments to the plan, so periodic reviews help keep documents aligned with current wishes and financial realities. We recommend reviewing documents after major life events, changes in health, or significant financial shifts. Follow-up appointments allow us to update language, add successor agents, and coordinate any additional planning tools that become appropriate. Ongoing attention ensures the plan remains useful to those who must act and continues to reflect the values and intentions of the person being protected.
Frequently Asked Questions About Elder Law in Red Bank
What is the difference between a power of attorney and guardianship?
A power of attorney is a proactive document that appoints an individual to act on your behalf for financial matters if you become unable to do so. It is created while you have capacity and can be drafted to take effect immediately or upon incapacity. Guardianship, by contrast, is a court-ordered arrangement that occurs when someone lacks capacity and no valid decision-making documents exist. The court appoints a guardian to make personal or medical decisions for that person. Because guardianship involves court supervision and potential limitations on autonomy, it is generally considered a more intrusive option.
How can I prepare for potential long-term care costs?
Preparing for long-term care costs involves reviewing assets, insurance coverage, and available public benefits while considering strategies to preserve resources. Options may include adjusting ownership of certain assets, updating beneficiary designations, assessing long-term care insurance, and timing financial moves in light of benefit rules. Working through realistic care cost scenarios helps families set priorities and budgets for potential services. It is also helpful to consult with financial and legal advisers to coordinate plans that support both care and legacy goals while complying with applicable rules for benefits and transfers.
When should I update my advance directive and estate documents?
Update advance directives and estate documents after major life events such as marriage, divorce, the birth of grandchildren, a significant change in health, or substantial changes in finances. Also review documents when trusted decision makers are no longer available or when your wishes for care and asset distribution change. Periodic reviews every few years are recommended to confirm that documents remain effective and reflect current intentions. Keeping records and notifying agents and family members of updates helps ensure that the correct documents are used when needed and reduces the risk of confusion.
How does Medicaid eligibility affect estate planning decisions?
Medicaid eligibility rules can influence the timing and structure of asset transfers and other financial decisions. Because rules include look-back periods and specific treatment of income and assets, planning must account for those requirements to avoid penalties or delays in benefits. Effective planning considers both immediate needs and future care possibilities, coordinating asset management with legal documents so the person can access needed services without unnecessary loss of resources. Consulting early allows more options and a better chance to preserve assets while qualifying for benefits when appropriate.
Can I choose who manages my finances if I become incapacitated?
Yes, you can appoint someone you trust to manage your finances by executing a durable power of attorney that names an agent and outlines their authority. This document can grant broad or limited powers depending on your preferences, specify when the authority begins, and name successor agents if the first designee cannot serve. Selecting a trustworthy agent and providing clear instructions reduces the likelihood of disputes and ensures continuity in financial management. It is important to review and update the designation periodically to confirm that the chosen person remains willing and able to serve.
What should family members do in an emergency when documents are missing?
If documents are missing in an emergency, family members should gather any available records, contact financial institutions to explain the situation, and seek temporary measures to access funds needed for care. In some cases, institutions will accept temporary authorizations or court orders. If no valid powers of attorney or directives exist, families may need to pursue guardianship, which can take time and require court filings. To reduce delays, it is best to locate or prepare documents in advance and provide copies to trusted family members and advisers so they are accessible when needed.
How do beneficiary designations interact with my will or trust?
Beneficiary designations operate independently of wills or trust documents and generally control the distribution of assets like retirement accounts and life insurance. That means a named beneficiary will often receive the asset directly regardless of provisions in a will. Trusts can be used to manage or protect benefit proceeds if the account owner designates the trust as beneficiary. Regularly reviewing and coordinating beneficiary designations with your broader estate plan is important to ensure assets pass according to your intentions and to avoid unintended outcomes at the time of distribution.
What steps help reduce the chance of family disputes over care decisions?
To reduce the chance of family disputes, communicate your wishes clearly with loved ones and provide them with copies of key documents. Naming decision makers and backup agents in writing clarifies roles and reduces confusion. Consider discussing the reasons behind your choices so family members understand your priorities. Having properly executed legal documents and working with advisers to coordinate financial and medical plans also minimizes points of contention. Transparent communication combined with well-drafted documents often leads to smoother decision making during periods of stress.
Will creating a plan affect my eligibility for veteran or other benefits?
Creating a plan may affect eligibility for certain benefits, but it also provides opportunities to structure affairs in ways that protect access to needed services. For example, benefit programs have rules about ownership and transfers that can affect qualification, and planning can help align finances to maintain eligibility. Coordination with advisers who understand benefits rules is important to avoid unintended consequences. The goal is to ensure that making a plan enhances rather than jeopardizes access to veteran or public benefits that assist with care and daily needs.
How often should elder planning documents be reviewed?
Documents should be reviewed after major life events, such as changes in health, marital status, or significant financial changes, and generally every few years to confirm they reflect current wishes. Regular review helps identify needed updates to agents, successor designations, and beneficiary information. Maintaining up-to-date documents reduces the risk of disputes and ensures that the plan operates smoothly when relied upon. Scheduling periodic check-ins with legal advisers makes it easier to keep the plan current and to address any new concerns that arise over time.