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Elder Law provides an integrated approach to resolving the issues facing aging clients including: estate planning, guardianship, preservation and transfer of assets, Medicaid, Medicare, Social Security, SSI, benefits and entitlements, long term care, elder abuse, nursing home issues, mental health issues, disability planning, planning for financial management during life, wills, trusts, powers of attorney, living wills, living trusts and health care proxies. The elder law attorney performs a comprehensive review of the client's finances, health care issues, mental health issues, planning in place, support systems available, entitlements, objectives and planning for various scenarios. Recent legislation has created many complex issues which the elderly now face, including restrictions on transfers of assets, Medicaid and Medicare benefits. Actions taken by seniors with regard to a single matter may have unintended legal effects in other areas.
A typical example of a problem facing seniors is the well spouse who needs to write a will to protect the ill spouses inheritance. There may be a strong likelihood of long term care placement in a nursing home for the ill spouse. The elder law attorney will guide the well spouse to plan in such a way that will protect the income and assets for both spouses in the event of nursing home placement while planning for Medicaid eligibility and the preservation of assets for the heirs, if possible. Another common scenario is when an elderly person is in a nursing home and can not return home. The assets are dwindling and the home is in his name alone. The elder law attorney will consider whether there are options available to transfer the home without incurring a penalty, as well as options available to preserve the assets through the use of promissory notes, annuities, exempt transfers, and gifting. If the patient does not have capacity, evaluation of the planning documents in place will be made, and commencement of a guardianship proceeding will be considered. The elder law attorney has knowledge of the myriad of issues facing the elderly and will consider and integrate all legal aspects involved.
In order to plan for your future and resolve any of these issues, contact Fern J. Finkel or Julie Stoil Fernandez at Finkel & Fernandez, LLP
16 Court Street, Suite 1007, Brooklyn, New York 11241, 347-296-8200 (telephone), 718-965-3185 (fax), ffinkel@ffelderlaw.com, jstoilfernandez@ffelderlaw.com.
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