So what is Elder Law? This is a question I hear from clients who are wondering whether they can benefit from a consultation with an elder attorney. In general, elder law encompasses a whole host of practice areas, such as estate planning, probate, public benefits law, etc, which acutely concern clients in their 60s and beyond. Senior citizens that sit down with us at our Queens Elder Law firm get a full picture of how they can plan a legally sound future for themselves.
A common example of an elder law matter is when a client is concerned about protecting their home and other assets in the event that either they or they spouse need long-term care, such as nursing home or home attendant care. In many cases, Medicaid would provide care but the client needs to be financially eligible to qualify for that care. In addition, Medicaid would have the right to assert a claim against the assets in the form of a lien or estate recovery. As elder attorneys, we work with the client to understand their wishes, their lifestyle, their family, and their assets in an effort to protect their hard earned assets while providing them the opportunity to get the care that they may need in the future. In these situations, we typically use irrevocable Medicaid trusts along with wills, power attorneys, and health care proxies to accomplish our clients’ objectives.
Another example is when clients seek an elder attorney is a situation in which there is an immediate need to qualify themselves or their loved one for long-term care. In these situations an elder attorney may offer assistance with the Medicaid application process and pooled income trust.
Elder law also encompasses helping a client become appointed the legal guardian of their spouse or parent if that person has lost the ability to make decisions for themselves. In this situation, an Article 81 guardianship proceeding is brought in Supreme Court, which can be a lengthy process.
In addition, elder attorneys assist with general estate planning issues to make sure that their clients’ assets can pass in a quick and efficient manner while minimizing the burden on their families.
At its core, elder law is a field of law which allows people to be cared for in dignity and with peace of mind, which is why I am proud practice heavily in this field.
Contributed by Roman Aminov, an award winning attorney in Flushing, Queens located at 147-17 Union Turnpike, Flushing, NY 11367. Schedule A Consultation today by calling (347) 766-2685 or visiting https://www.aminovlaw.com/.
