Serving New York City: Brooklyn, Bronx, Queens, Staten Island & Manhattan
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.
Our attorneys understand the unique needs of this particular group and can address concerns such as:
- 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
Call (718) 333-2394 or contact us online to set up a consultation with our principal elder care and elder law attorney in NYC.
How NYC Elder Law Attorney Inna Fershteyn, Esq. Will Help
As the firm with the highest elder law attorney ratings in NY, we have a 20 year 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
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.
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.
FREQUENTLY ASKED QUESTIONS
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 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 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.
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 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.
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 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.
ELDER LAW TESTIMONIALS
Our Office Has More Reviews Than Any Other Firm & 20 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.
“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.
5 Essential Estate Planning Documents
How Can I Protect My Assets from Nursing Claim Costs?
ELDER LAW ARTICLES
- 5 Steps to Ensure Financial Stability for your Elders
- The Widow’s Guide To Estate Planning And Wealth Transfer
- 3 Essential Retirement Planning Tips For Women
- The Future Of Long-Term Health Care Insurance: 4 Trends to Watch Out For
- Pooled Income Trust – Solution For Medicaid Long-Term Care
- The Medicaid application is a tough process
- The best place to retire isn’t Florida