Elder Law Representation
- Medicaid Planning for “In-Home” Care
- Emergency Medicaid & Nursing Home Care
- Estate Planning
- Preventing Elder Abuse or Neglect
Elder law refers to the field of law that addresses issues most likely to affect the elderly. This includes incapacity, nursing home issues, and estate planning. While seniors are the most likely demographic group to develop an incapacitating illness or injury, to go into a nursing home, or to pass away, these things can happen to anyone of any age. As a result, everyone needs to talk with an elder law attorney.
Our firm devotes a considerable amount of time on issues that affect the growing aging population. Elder Law representation involves many different areas. These areas include planning for retirement planning; planning for “In-home” and nursing home care; Medicaid planning; trust and estate planning and administration; and the prevention of elder abuse or neglect.
Medicaid Planning for “In-Home” Care
In order to be eligible obtain Medicaid coverage for “in-home” home care, the applicant’s income and resources must not exceed Medicaid guidelines. Our firm handles Medicaid planning and applications for “in-home” nursing care.
Emergency Medicaid Planning & Nursing Home Care
When it comes to Medicaid planning for nursing home care, many people have heard of the 5-year “look-back period”. They worry that planning done less than 5 years before a person needs such Medicaid benefits won’t be beneficial. While Medicaid planning done 5 years in advance is better than planning done 5 minutes in advance, it’s never too late! Our firm handles Medicaid planning and applications for nursing home care.
Estate Planning usually involves the preparation of a Will or the establishment of a Revocable Living Trust or an Irrevocable Living Trust, as well as the preparation of a Durable General Power of Attorney, a Health Care Proxy, a HIPPA form and Living Will. These documents need to be drafted according to the individual needs of our clients.
Preventing Elder Abuse or Neglect
There are many ways to prevent elder abuse and neglect. Most solutions center around the need for “proper planning.” Proper planning involves the need to understand the law and to “think ahead”. This planning may include the establishment of a guardianship for an incapacitated person, or properly-drawn Durable General Powers of Attorney and Health Care Proxies.
Our legal team provides advice to people young and old in Garden City and surrounding areas. When you are ready to take control of protecting your assets, securing your autonomy in case of disability, and providing for your loved ones, give us a toll-free call at (516) 512-8903 or contact us online. We can put together a personalized plan for you and can answer general questions you may have including:
- What does an Elder Law attorney do?
- Do I need to talk with an Elder Law attorney?
- How can an Elder Law attorney help me?
The job of an Elder Law attorney is to provide assistance for aging, end of life issues, and for death. This means:
Creating a plan for what kind of health care you want in an emergency situation. Using a Living Will and a Health Care Proxy can make it possible for you to decide what kinds of care you want. You can specify if you wish to undergo CPR, be on a feeding tube, or otherwise have life-extending care provided. You can also decide who will make healthcare choices for you if you can’t communicate.
Creating a plan for who will manage your assets if you can’t. There is a very real chance you could become incapacitated due to illness or injury. This could make it impossible for you to pay bills, run a business, manage investments, or take care of your property and assets. By naming someone to act for you and take care of your property, you can protect the value of your nest egg.
Creating a plan for how nursing home care should be paid for.
Many people end up spending some time in a nursing home at some point in their life. Private insurance and even Medicare usually won’t pay for this, except under limited circumstances when skilled medical services are needed. If you require custodial care and can’t get insurance to cover it, you could be forced to spend hundreds of thousands of dollars of your own money. When you no longer have any resources, Medicaid will pay for the cost of nursing home care. If you create a Medicaid plan so your assets don’t have to be spent down before you become eligible for Medicaid, you can protect your nest egg and the inheritance you wish to leave behind.
Creating a plan for the transfer of assets upon your death. You may want to try to avoid probate, or may want to address the special needs that your heirs have. This could be especially important if your heirs are careless with money or if you want to leave money to someone who has a disability. An elder law attorney helps you use wills, trusts, and other estate planning tools.
These are just a few of the many things elder law attorneys do. Elder law matters are important issues for people of all ages. So, it is not only seniors who should talk with an elder law attorney.
The decision to go into a nursing home is a big step for any senior. Before going into a nursing home, it is important to make provisions for how to pay for the costs of custodial care in a residential environment. As you get ready to enter into a nursing home or are preparing your family member for the move, you also need to make sure that you understand your rights and the nursing home’s obligation to you.
A nursing home planning attorney can provide invaluable assistance with making a financial plan to afford nursing home care, with reviewing nursing home paperwork, and with taking other necessary steps before entering into a nursing home. Call us toll-free at (516) 512-8903 or contact us online to get personalized advice on nursing home planning and to get answers to questions you may have including:
- What is involved in nursing home planning?
- When should I get help with nursing home planning?
- What is involved in nursing home planning?
Nursing home planning should begin with creating a Medicaid plan well before it becomes time to go into a nursing home. Medicare and private insurers will not pay for custodial care, which is the kind of care most nursing home patients need. Other than private pay, Medicaid is one of the only options for covering nursing home costs.
Unfortunately, Medicaid is restricted to people with few assets and many seniors have a nest egg acquired over the course of their life. You can protect assets and make sure your money won’t be counted in determining Medicaid eligibility if you create a plan early enough. This will allow you to hand your property down to your loved ones while getting Medicaid coverage sooner.
While financial planning is vital to ensure you don’t lose your life savings, there are also other steps to take in nursing home planning as well. For example, you should:
Explore New York laws protecting nursing home residents, so you will understand the obligations of nursing homes and staff members. You need to know what a patient’s rights are in a nursing home setting, so you can make sure you or your family member is getting appropriate care.
Research nursing home care providers. Today, many nursing homes are run by corporate conglomerates. Find out if they have had problems in the past and what their reputation is.
Carefully review nursing home admission paperwork. Admissions contracts are increasingly including clauses that limit the rights of seniors to take action in the event of nursing home abuse. If the admissions paperwork contains an arbitration clause, you need to be aware that this will limit the right to sue in the event of abuse. Claims will need to be resolved in arbitration, which costs money and which can result in less favorable outcomes for abuse victims.
These are just some of the key things to consider in relation to nursing home planning. Many people end up in nursing homes at some point over the course of their lives. You owe it to yourself or your loved one who is considering nursing home care to make the most informed choices possible – which means getting advice from a knowledgeable legal professional with experience.
When Should I Get Help with Nursing Home Planning?
It is important to get help with nursing home planning as soon as possible, as you don’t find yourself scrambling when a medical emergency necessitates immediate care. In particular, getting a financial plan in place to cover the costs should be done as early as possible.
Medicaid planning needs to be done at least five years before the nursing care becomes necessary, because Medicaid looks back five years to see if property was transferred. Creating a Medicaid plan to shield your assets could thus result in a period of disqualification when you need coverage. While you can still protect some property if you’ve waited too long, acting early means you get the most benefits from getting professional advice.
Check out our FREE Elder Law Resources for more information.
Contact us today to schedule a FREE consultation!