Elder Law attorneys in New York focus on helping seniors with matters regarding Medicaid planning, long-term care planning, guardianships, wills and trusts, estate planning, and special needs trusts. An elder law attorney can help advocate for seniors along with providing legal services to parents, spouses, children, among other family members. An experienced elder care lawyer understands that each client has their own unique circumstances and works closely with all clients to make sure that all matters are resolved.
Elder Law Issues We Address
- If you have concerns about any of the following issues, an attorney can help you
- You are concerned with what will happen to your assets and the best way to carry out your estate planning
- You are looking to prepare a will or set up a trust, or another estate planning instrument
- You are concerned with the current long term care plan for yourself (or lack thereof) or your elders and how care will paid for
- You want to know more about who would take care of you if you are no longer able to do so yourself in the future
- You want to make sure that your wishes are carried out if you become incapacitated, disabled or unable to care for yourself
- You would like to know more about the long term care options available to you as an elderly person
- You are concerned about affording long term care and want to protect your assets while qualifying for Medicaid benefits
- You are worried about who will make decisions on your behalf if you become incapacitated and do not have appropriate legal documents in place
- You suspect that you or a loved one are being financially exploited or taken advantage of
Call (718) 333-2394 or contact us online to set up a consultation with our principal elder care and elder law attorney in NYC.
Why You Should Hire an Elder Law Attorney Right Now
Now is the opportune moment to hire an Elder Law Attorney due to several critical reasons. Firstly, with aging demographics, addressing legal matters related to elder care sooner rather than later ensures comprehensive planning and protection of assets. Secondly, navigating complex legal frameworks such as Medicaid eligibility and estate planning requires specialized expertise that an Elder Law Attorney possesses. Additionally, early consultation allows for the implementation of strategies to mitigate tax liabilities and maximize benefits. Furthermore, unforeseen health crises can occur unexpectedly, highlighting the urgency of having legal affairs in order beforehand. Lastly, proactive engagement empowers individuals and families to make informed decisions, safeguarding their well being and financial security as they age.
Major Changes to Elder Law in 2024
- Starting in March 2024, New York will introduce a Medicaid lookback period. The state plans to enforce a 30-month asset transfer lookback period for community based long term care (CBLTC) services and a 5-year period for nursing home care. These updated regulations become effective on March 31, 2024. Individuals applying for community-based Medicaid after October 1, 2022 must reveal past financial transactions. (Source)
- The limit on annual contributions to an IRA increased to $7,000, up from $6,500. The IRA catch‑up contribution limit for individuals aged 50 and over was amended under the SECURE 2.0 Act of 2022 (SECURE 2.0) to include an annual cost‑of‑living adjustment but remains $1,000 for 2024. The catch-up contribution limit for employees aged 50 and over who participate in 401(k), 403(b), and most 457 plans, as well as the federal government’s Thrift Savings Plan remains $7,500 for 2024. Therefore, participants in 401(k), 403(b), and most 457 plans, as well as the federal government’s Thrift Savings Plan who are 50 and older can contribute up to $30,500, starting in 2024. The catch-up contribution limit for employees 50 and over who participate in SIMPLE plans remains $3,500 for 2024. (Source)
What is Elder Law?
Elder law is an area of the law that helps people who are planning to retire, people with disabilities, people who may need medicaid services or people who are worried about Nursing home costs. New York Elder law attorneys are specialists in the needs of seniors and elders with regard to estate planing, asset protection, medicaid planning and family law in the State of NY. As our loved ones age and become seniors, we have many questions around finances, assets, estates, health care and long term care, to name a few.
Types of Legal Matters Common With Elder Law:
In the practice area of elder law, there is no one specific type of case that an elder care attorney deals with. Rather, elder law is focused on a particular type of client, which are older clients and their specific needs as they approach a certain age. The Law Office of Inna Fershteyn is committed to working with our elderly clients to mitigate and help with problems or needs that may arise as they get older. As an elder law attorney who has been in practice for over 22 years, attorney Inna Fershteyn handles a vast variety of legal matters which include, but are not limited to:
- Estate Planning
- Long-Term Care
- Asset Protection
- Senior Guardianships
- Wills and Trusts
- Special Needs Trusts
- Medicaid Planning
- Medicaid Fair Hearings
Estate Planning
Estate planning and elder law often overlap because as individuals age, their estate planning needs may change. Elder law attorneys can help seniors create comprehensive estate plans that address their specific needs and goals, taking into account factors such as their health, financial situation, and family dynamics. This can include setting up trusts or guardianships for incapacitated or disabled loved ones, planning for long-term care, and ensuring that healthcare decisions are made in accordance with their wishes. Estate planning aims to ensure that seniors are protected and their wishes are respected as they age. A comprehensive estate plan that takes into account both estate planning and elder law considerations can provide peace of mind for seniors and their loved ones.
Long-Term Care
As individuals age, they may experience physical or cognitive decline that makes it difficult or impossible to perform certain tasks on their own. Long-term care (LTC) can provide elders with the assistance they need to continue living at home, in a community setting, or in a care facility, depending on their needs and preferences. Long-term care is important for seniors because it can provide them with the support they need to maintain their independence and quality of life as they age. Long-term care encompasses a wide range of services and support, including assistance with activities of daily living (ADLs) such as bathing, dressing, and eating, as well as medical care and social services. Since long-term care can be costly, an elder law attorney in New York can help you protect your hard earned assets while allowing you to qualify for government assistance that covers LTC.
Asset Protection
Elder law attorneys can help seniors develop comprehensive asset protection plans that address their unique needs and goals. This can involve structuring their assets in a way that protects them from potential creditors, minimizing tax liability, and ensuring that their assets are distributed according to their wishes. In addition, asset protection can help seniors qualify for government benefits, such as Medicaid, which can help pay for long-term care costs. Elder law attorneys can help seniors navigate the complex eligibility requirements for these benefits and structure their assets in a way that complies with the rules.
Senior Guardianships
Senior guardianships are an important legal tool used in elder law to protect vulnerable seniors who may be unable to make decisions for themselves or manage their own affairs. Elder law attorneys often assist families with establishing guardianships and advocating for the rights of seniors under guardianship. In addition, elder law attorneys may be called upon to represent seniors who are under guardianship and advocate for their rights and interests. This can include challenging a guardianship if it is no longer necessary or in the best interests of the senior or advocating for changes to the guardianship arrangements to better meet the senior’s needs.
Wills and Trusts
Wills and trusts are important components of elder law, which is a legal practice area that focuses on the legal issues affecting seniors and their families. Elder law attorneys often work with clients to create comprehensive estate plans that include wills and trusts as well as other documents that are important for seniors, such as durable powers of attorney, health care proxies, and living wills. Wills and trusts are important tools for seniors who want to ensure that their assets are distributed according to their wishes after they pass away.
Special Needs Trusts
A special needs trust is a legal arrangement in which a trustee holds and manages assets for the benefit of a person with a disability, who is referred to as the beneficiary. The purpose of a special needs trust is to provide for the beneficiary’s needs without affecting their eligibility for government benefits, such as Supplemental Security Income (SSI) or Medicaid. Elder law attorneys may work with families who have a loved one with a disability to create a special needs trust as part of their estate planning. The trust can be used to hold assets that will be used to provide for the beneficiary’s needs, such as housing, transportation, medical care, and education. By placing the assets in a special needs trust, the beneficiary can still qualify for government benefits, which are often essential to their quality of life.
Medicaid Planning
Elder law attorneys may work with seniors and their families to create a Medicaid plan that includes strategies for asset protection, such as transferring assets into a trust, purchasing exempt assets, and spending down assets in a way that maximizes eligibility for Medicaid benefits. Medicaid planning can also involve identifying sources of income that may be exempt from Medicaid’s income requirements, such as certain types of annuities or trusts. Medicaid planning can be complex and requires a thorough understanding of both federal and state laws and regulations. Elder law attorneys can provide guidance and support to seniors and their families in navigating the Medicaid planning process and ensuring that their assets and income are structured in a way that maximizes their eligibility for Medicaid benefits.
Medicaid Fair Hearings
Serving Brooklyn, Bronx, Queens, Staten Island & Manhattan in New York City
How NYC Elder Law Attorney Inna Fershteyn, Esq. Will Help
As the firm with the highest elder law attorney ratings in NY, we have over 26 years track record of providing personalized attention to those in need. If you have loved ones, family and friends who are entering the senior years of their lives, The Law Office of Inna Fershteyn will help you:
- Advise your elders about comprehensive Financial Planning to avoid paying for Nursing Home stay
- Create a Pooled Income Trust to allow your elderly to qualify for Medicaid while still having an income
- Provide comprehensive Nursing Home Medicaid Planning to avoid Nursing Home bills
- Prepare an estate plan, including Revocable and Irrevocable trusts and protect your assets
- Prepare Medicaid Home Care Aid application
- Establish Guardianships of disabled adults
Our Attorney’s Elder Law Credentials
- Over 26 years of Elder Law expertise
- Listed among “The Best 10 Lawyers near Sheepshead Bay, Brooklyn, NY” on Yelp
- Recognized as a top rated Brooklyn wills and trusts attorney on Yelp
- 5 Star Rating and Over 240 Positive Reviews
- Certified Elder Law Attorney
- 10.0 rating on Justia
- 10.0 rating on Avvo
- Licensed in New York and New Jersey; assisting clients throughout the Tri-State Area including Long Island
Long Term Care Fair Hearings In New York
Our office represents clients at Fair Hearings pursuant to Section 22 of NY Social Services Law when our clients have been enrolled in a Managed Long Term Care Program and have been receiving care and services, including Personal Care Services, through a Medicaid Managed Long Term Care Health Plan operated by GuildNet or other Manager long Term Care Providers.
Elder Law Facts
- Elder Law sets itself apart from traditional estate planning by its specialized focus on legal matters directly related to aging individuals. (Source)
- Elder abuse refers to actions or neglect that harm individuals aged 60 or older. It can happen in trusted relationships or target elders due to their age or disabilities. Abuse can be intentional or unintentional and may include emotional, physical, sexual, or financial harm, as well as neglect or abandonment. (Source)
- The average monthly cost of assisted living in New York State is $4,185, varying depending on location and services provided. (Source)
- New York’s estate tax exemption for 2024 is $6,940,000 per individual, with estates exceeding this amount subject to taxation. The state also imposes an inheritance tax on specific beneficiaries. (Source)
- In New York, anyone suspecting elder abuse, neglect, or financial exploitation can anonymously report to the state’s 24/7 hotline at 1-800-342-3009 or via the state’s website. (Source)
- If you die without an estate plan, you relinquish authority over the distribution of your property. In such cases, your state’s intestacy laws govern the division and transfer of your assets. Establishing an estate plan is essential to guarantee that your cherished possessions are allocated according to your wishes and timeline. (Source)
- A will goes into probate after the death of the individual who made the will. In New York, the probate process typically takes around 9-18 months to complete, but it can vary depending on the complexity of the estate and any potential disputes or challenges that arise. (Source)
- In some cases, individuals may choose to create trusts or utilize other estate planning tools to avoid probate altogether. This can help streamline the distribution of assets and maintain privacy, as the details of trusts typically remain private compared to probate proceedings, which are public record. (Source)
- Elder Law Attorneys are typically elders themselves
Frequently Asked Questions
What is the Cost of Long Term Care?
Long-term care is very expensive and living in a nursing home facility in New York can cost as much as $14,000 a month. Home Health Aides can also be costly and charge about $20 per hour of care. Assisted living facilities can have fees up to $5,000 per month. In order to minimize these long term living costs, it is important to set up proper estate and financial planning. Our elder care attorney fees are extremely reasonable in relation to how much money we are typically able to save Clients who plan with us.
What Is a Pooled Income Trust?
A Pooled Income Trust is a special type of trust that allows people of any age to become financially eligible for public assistance benefits, such as Medicaid home care, while preserving their monthly income in trust for living expenses and supplemental needs. Although American citizens who are over the age of 65 qualify for Medicare, this insurance will not pay for long-term care or home health care. That means that if you are disabled you will have to pay for your care out of your savings. It is possible to get insurance to pay for long term care, however, if you have your long term planning done by a knowledgeable estate attorney who will qualify you for Medicaid benefits, an insurance program designed to provide health care for the disabled and people over 65.
Medicaid is the only program which can provide long-term health insurance for nursing home or home care. To find out more about your Medicaid eligibility, schedule a consultation with a qualified NYC elder care lawyer at Law Office of Inna Fershteyn and Associates, P.C. Call (718) 333-2394.
WHO CAN BENEFIT FROM A POOLED INCOME TRUST?
- Younger people with special needs
- Recipients of personal injury settlements who need to apply for, or protect, government benefits
- Elderly persons who have become unwell and are living at home
- Recipients of government benefit programs
- Applicants for government benefit programs
How Can I Protect My Assets From Nursing Home Bills?
- Your loved ones can become increasingly frail or forgetful and you may need to think about Nursing Home access.
- Paying for a Nursing Home can be extremely expensive and it is very important that you consult experienced attorneys at Law Office of Inna Fershteyn and Associates, P.C. who can provide essential estate planning guidance to help protect your assets from expensive nursing home costs.
- Placing your assets into an Irrevocable Trust will protect them from Nursing Home bills, if such a transfer was made five years or more from the time one gets into the nursing home.
Elder law lawyers provide clients with timely professional Medicaid planning and discusses eligibility for nursing home law. Set up your consultation today! Call (718) 333-2394.
What Is A Private Settlement Agreement In Elder Law?
A private settlement agreement is a contract made between two parties agreeing on a settlement, which in turn avoids the need to go to court to have their differences settled.
Who Is Considered An Elder by Law?
While there is no legal benchmark to be classified as an elder, the practice of elder law usually involves clients over the age of 60.
What Is the Anti-Lapse Statute in Elder Law?
The Anti-Lapse Statute offers a solution to when the beneficiaries in a will are deceased when the will goes through probate. Under this statute, if a beneficiary listed in the will is deceased when the will is probated, their inheritance will be passed down to their “legal issue,” or their children or grandchildren. For example, say at the time of the testator’s death, one of his two siblings (both of whom are listed as beneficiaries) predeceased him. In this case, the inheritance would not lapse, but rather be transferred to his children. If he did not have children, the inheritance would be passed down to the surviving sibling.
How Does NY Law Punish Elder Fraud Embezzlement?
Once law enforcement becomes involved, those who are accused of involvement with elder fraud schemes can face a variety of consequences. Those convicted could be charged with fraud and theft crimes including attempted fraud, insurance fraud, and various larceny offenses. Prison becomes a real possibility if there is evidence that the scheme in question targeted vulnerable seniors, for whom New York State offers special legal protections, and involved multiple victims and/or a substantial amount of money obtained due to the fraud. Moreover, jail time isn’t the only consequence – convicts can be forced to repay the money that they obtained and make restitution to victims.
What Are The Different Types of Elder Abuse?
Elder abuse can take place in many forms, from the infliction of physical harm to the use of fraud, threats or other coercive tactics to obtain financial or material gain from senior citizens.
Physical Abuse
Physical abuse against an elder involves the infliction of some sort of physical pain, injury or impairment. Other types of physical abuse include force-feeding, excessive use of drugs or physical restraints, as well as holding someone against their will, legally referred to as false arrest.
Emotional/Psychological Abuse
Emotional abuse is defined as an act that causes anguish, distress, or emotional pain. Common forms include verbal assault, humiliation, intimidation, harassment, and treating elders like children.
Sexual Abuse
Any non-consensual sexual conduct with an elderly person is considered sexual abuse; this applies especially to senior citizens who are incapable of giving consent or unable to understand the concept of consent.
Neglect & Self-Neglect
Neglect refers to the situation where a caregiver intentionally withholds care from an elder, or becomes unable to provide care. Self-neglect is the only type of elder abuse that doesn’t involve a perpetrator; it occurs when an elder fails to provide sufficient food, water and hygiene for themselves as well as safety, shelter, and prescribed medicine.
Financial Abuse
Financial abuse refers to a wide range of schemes that defraud elder citizens of their hard earned money or assets. Common perpetrators include phony telemarketers, various types of confidence (“con”) artists and anybody other individual who discovers a way to prey on the weaknesses of senior citizens.
Abandonment
As the name suggests, abandonment occurs when a designated caretaker leaves a vulnerable elder to care for themselves when. Oftentimes abandonment is alternatively defined as the desertion of an elder which can include leaving them at a shopping mall or other location, or refusing to fulfill your responsibilities to care for the victim.
What should I do if I suspect elder abuse or neglect?
If you suspect elder abuse or neglect, it’s important to take action as soon as possible to protect the safety and well-being of the elder person involved. Here are some steps you can take: Call 911 or your local emergency services if the situation is an emergency and requires immediate intervention, contact Adult Protective Services (APS) in your state, contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or the National Elder Abuse Hotline at 1-800-677-1116 for help and support. Talk to the elder person involved and offer support. Listen to their concerns and reassure them that help is available. Encourage them to seek medical attention if necessary and offer to accompany them to appointments.
What legal remedies are available for elder abuse?
There are a variety of legal remedies available for elder abuse, depending on the specific circumstances and the type of abuse involved. Here are some examples: Criminal prosecution, civil lawsuits, protective order, guardianship or conservatorship, etc. Many states have mandatory reporting laws that require certain individuals, such as healthcare providers and social workers, to report suspected elder abuse or neglect to authorities. Failure to report can result in civil and criminal penalties.
It’s important to remember that every case of elder abuse is unique, and the legal remedies available will depend on the specific circumstances involved. If you suspect elder abuse, it’s important to seek the advice of an experienced elder care lawyer in New York who can help you understand your legal options and protect the safety and well-being of the elder person involved.
What qualifies as age discrimination, and how does it affect seniors?
Age discrimination occurs when an individual is treated differently or unfairly because of their age. This can happen in many different contexts, including employment, housing, healthcare, and other areas of life.
- In the employment context, age discrimination can take many forms, such as refusing to hire or promote an individual because of their age, laying off or terminating older workers because of their age, or providing less favorable employment terms and conditions to older workers.
- In the housing context, age discrimination can occur when a landlord refuses to rent to an individual because of their age or imposes different rental terms and conditions based on age.
- In the healthcare context, age discrimination can take the form of rationing care or treatment based on age or stereotypes about older adults.
Age discrimination can have significant effects on seniors, including:
- Economic impact: Older adults who experience age discrimination in the workplace may face difficulty finding or keeping employment, which can result in financial hardship.
- Healthcare disparities: Age discrimination in healthcare can lead to disparities in care and treatment, which can negatively impact the health and well-being of seniors.
- Housing insecurity: Age discrimination in housing can limit seniors’ options for affordable and accessible housing, which can lead to housing insecurity and homelessness.
- Social isolation: Age discrimination can contribute to social isolation and loneliness, which can have negative effects on mental and physical health.
It’s important to remember that age discrimination is illegal under federal law (the Age Discrimination in Employment Act) and many state and local laws. If you believe you or someone you know has experienced age discrimination, it’s important to seek the advice of an experienced attorney who can help you understand your legal rights and options.
When to Consult an Estate Law Attorney in New York?
Consulting an estate law attorney in New York may be necessary in a variety of situations, including:
- Estate Planning: If you need to create or update a will, establish a trust, or develop a comprehensive estate plan, an estate law attorney can help you navigate the complex legal requirements and ensure your wishes are carried out after your death.
- Probate: If you are named as the executor of a loved one’s estate or are a beneficiary of an estate that is going through probate, an estate law attorney can help you understand your rights and obligations and guide you through the probate process.
- Estate Administration: If you are responsible for administering an estate, including distributing assets to beneficiaries, paying debts and taxes, and managing any trusts or other legal arrangements, an estate law attorney can help you understand the legal requirements and ensure you fulfill your fiduciary duties.
It’s important to consult an estate law attorney in New York as soon as possible if you are facing any of these situations, as estate planning and administration can involve complex legal issues and timelines.
What Is A Self-Proving Will?
A Self-Proving will is a will that is created in a way that allows the probate court to verify or accept it as the true will of the testator who has deceased. Some states deem a will self-proving if it contains the signatures of two witnesses who signed under penalty of perjury having watched the testator sign the will and were told that it was indeed the testator’s will that was being signed.
What Is Undue Influence in Elder Law?
Undue influence in elder law occurs when one individual exerts pressure on another to act against his or her own interests and in favor of the influencer’s. The pressure can take many forms, the most common being deception, threats and isolation. The elderly and/or ill are known to be more susceptible to undue influence than most people.
Contact Our New York Elder Law Attorneys Today
At The Law Offices of Inna Fershteyn, we are dedicated to helping seniors obtain quality care and elder law services in New York. Our attorneys will provide comprehensive counsel in estate and Medicaid planning. Contact us today to discuss your goals. Call (718) 333-2394 or contact us online.
ELDER LAW TESTIMONIALS
Our Office Has More Reviews Than Any Other Firm & 22 Years Of Experience Working With Clients Like You. If You Are Searching “Certified Elder Law Attorney Near Me”, Call (718) 333-2394 Today!
“Inna Fershteyn is exactly who you want to have on your side. She has a thorough knowledge of the Elder Law, impeccable reputation and reliability, and empathy and kindness to her clients.” – Irina L., Manhattan
“If you need an estate plan, elder planning, Medicaid planning, or any type of family estate asset protection, give Inna a call. You’ll be glad you did!” – Michael P., Brooklyn
“Best Elder law attorney in NY!!! Amazing experience, very happy and I highly recommend her office. My husband and I needed to do Estate planning for my family and to appoint guardians for our minor kids. I asked my friends for a recommendation and more than one person (already a good sign) recommended Inna Fershteyn as the best estate planning lawyers in NY. I went online and googled her and found more than 30 amazing reviews under her name so I felt pretty good about the recommendations and decided to try her out. – Alexandra G., Brooklyn“Best elder law and trust and estate attorney in NYC highly recommended for all your trusts and wills and living wills questions. She is highly knowledgeable and very easy to deal with. She cares deeply about each and every client and does what she does best-helps you with your problems.”– Boris Y., Brooklyn
ELDER LAW CASE STUDY
A 72 year old client contacted our office because her husband became disabled and was no longer able to walk or care for himself. She recently lost their son and grandson in a car accident and aside from herself, there was no one who could take care of her husband. She was in dire need of a home attendant for her husband, but because of several bank accounts and 2 IRA and retirement accounts under their names that were more than $300,000 the client and her husband were not eligible to receive Medicaid and Home Care aide in NY. Attorney Inna Fershteyn drafted a special Irrevocable Trust to move $300,000 from her name and also put together a Pooled Income trust to shelter additional $3,000 of monthly income which was above the $2,268 monthly income level available to Medicaid recipients in NY. The client and her husband qualified for NY community medicaid and were also awarded Home Care Hours of 12 hours for husband and 6 hours for wife daily. The client was able to stay home and avoid nursing home and the income and resources that client had were sheltered in a special Medicaid Asset Protection Trust. The client made the right decision to contact Attorney Inna Fershteyn – one of NY best Elder law attorneys.
Recently, a 70-year-old widow faced uncertainty about affording potential long term care as her health declined. With limited retirement savings and concerns about nursing home costs, she sought assistance from an elder law attorney. After getting in contact with our office, this client met with Attorney Inna Fershteyn and they assessed the women’s finances and health needs to determine her eligibility for Medicaid. Through careful planning, including asset protection strategies and guidance on the Medicaid application process, this woman was able to secure benefits while safeguarding her home and assets for her children. With attorney Inna Fershetyn’s support, this client gained peace of mind knowing she could access necessary care without compromising her financial legacy.
