In addition to traditional estate planning and trust administration, a strategy for the future can also incorporate planning for government benefits, including Medicaid, Medicare and Veteran’s benefits. Of special importance is focusing on the potential need for long term care, which not only includes benefits from these government programs but also advocating for housing, social and other financial needs. As Elder Law attorneys, we work with families to determine who should be making important decisions for the senior and we assist with the execution of advanced directives, such as Powers of Attorney and Health Care Proxies. We also assist in guardianship proceedings where appropriate.
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Services
- Estate Planning
- Drafting of Advance Directives such as Health Care Proxies and New York Durable Powers of Attorney
- Long Term Care Planning
- Discharge Planning and Senior Housing Advocacy
- Medicaid Asset Protection Trust
- Medicaid Planning
- Income, Estate and Gift Tax Planning
- Medicare Benefits
- Competency, Guardianship and Advanced Directives
- Business planning as it pertains to obtaining government benefits (Medicaid and VA benefits)
Geriatric Care Managers
The problems of caring for elderly and/or disabled loved ones are daunting and should be planned before their health or personal situation worsens and the family is under stress. This is why we recommend that you integrate the services of a geriatric care manager (GCM) into any long term care plan for elderly family members. The GMC you select should meet with you and other involved family members to assess the current situation, identify needs and formulate an effective care plan for your loved one. Your GCM will also work closely with us to ensure that your legal and financial plans are fully coordinated with your care plan.
Guardianship
We advise all competent adults to sign advanced directives that permit the appointment of an agent to make business and/or health care decisions if they become unable to make decisions or take action for themselves. In situations where incapacity occurs before such directives are in place or in cases where a person never had capacity due to a developmental disability, we recommend a legal guardianship proceeding to appoint a trusted family member or friend to become the legal decision maker.
Litigation
We focus our litigation practice in our core practice areas, offering deep experience advocating for client interests before the Courts in matters of probate, trust, and fiduciary litigation; guardianship litigation; Medicaid litigation; and tax litigation.
Long Term Care Insurance
The decision to buy Long-Term Care Insurance should be considered as part of your financial and estate plan. Our philosophy is that Long-Term Care Insurance has little to do with the premiums you pay, and everything to do with the benefits you receive. We’ll help you build a full and well-rounded assessment of the critical, often complicated, issues you need to address before you even begin shopping for a policy.
Medicaid
We assist seniors with chronic care health needs and individuals with disabilities to qualify and apply for Medicaid Benefits. Medicaid is a needs based program which follows strict income and asset guidelines, and the rules can change from year to year. If you or a family member require skilled nursing services at home or in a skilled nursing facility, we’ll help you understand the current rules and determine what planning is needed in order to qualify for Medicaid services.