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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 leglislation has created many complex issues which the elderly now face, including restrictions on transfers of assets, Medicaid and Medicard 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 a husband who has an ill wife and needs to write a will. There is a strong likelihood of the need for long term care placement in a nursing home for the wife. The elder law attorney will guide the husband 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. Another possible scenario is where the an elderly widow is in a nursing home and can not return home. His assets are dwindling and the home is in his name alone. The elder law attorney will consider if there are valid options available to transfer the home without incurring a penalty, and options available to preserve the assets through the use of promissory notes, annuities, and limited 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 discussed. 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 lawfully and properly plan for your future and resolve any of these issues, contact Fern J. Finkel at
41 Pierrepont Street, Brooklyn, New York 11201, 718-625-3398 (telephone), 718-625-2785 (telefax), ffinkel@aol.com.
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