Top 5 Reasons for Elder Law Planning
1)Specified Plan of Action for the Elderly Population:
An Elder Law Attorney primarily focuses on the specific needs of seniors. In prioritizing the requirements of the elderly population, an elder care attorney will assist in the legal process associated with aging. The attorney will take on a holistic approach in ensuring that the key issues pertaining to long-term care, housing, well-being, and financial asset protection meet the wishes of the elderly individual. In terms of requiring assistance in creating trusts and wills for an elderly loved one, an esteemed Elder Attorney will be able to guarantee that the documents have the individual’s best interests at heart. The lawyer will work with you to protect your assets in the best manner possible to ensure that necessary payments are made on the home and other personal costs, while making sure that there is no form of financial exploitation of assets.
2)Assistance in Long-Term Care planning:
As individuals continue to age, their physical and mental health may decline, often declining to the extent that a long-term care facility is the most effective plan of care for the individual. It is important to not only consider which long-term care facility is most effective for your loved one’s needs, but to also consider the payment plan for this facility. Given that long-term care is extremely expensive in NY state, an Elder Care Attorney can assist you in obtaining long-term care insurance that will help cover the expenses of care. For those who consider long-term care insurance to be out of their financial budget, an elder care attorney can assist in qualifying for Medicaid. With proper planning, individuals can protect their assets from being utilized to fund their care.
3)Guidance on Creating a Durable Power of Attorney:
A durable power of attorney grants a third party the ability to make decisions and take actions on behalf of the individual who has become incapacitated and is unable to make decisions independently. With a durable power of attorney in place filing for guardianship is no longer required in the case that a loved one loses their mental abilities in the face of a health condition. Am Elder Care Attorney encourages the creation of a durable power of attorney rather than just the typical power of attorney because the document is able to function even if the individual loses capacity for individual thought, while the typical document would only hold true given the individual has not become mentally incapacitated. This is the perfect way to protect the interests of your loved one by taking action prior to the potential decline in the individual’s health.
4)Taking Action Against Elder Abuse:
In the past few years, it has been found that elder abuse actually occurs quite often and on many occasions such actions are not reported to a higher authority. An Elder Care Attorney will assist you by representing your loved ones who have been the victims of physical violence, emotional mistreatment, or financial fraud. The attorney will not just provide guidance on the following steps, but will ensure that justice is served and your loved one will never be treated in such a horrific manner ever again. The attorney will do everything possible to guarantee that your loved one is in a safe environment, where they are being properly treated and cared for.
5)Receiving Social Security Benefits:
An Elder Care Attorney will ensure that you are receiving all of the benefits you deserve based on your age and health conditions. The current retirement age for Social Security is 67, meaning you will be provided with the full amount of benefits you deserve at that time. If you have a disability and should receive disability benefits, then the attorney will assist you in obtaining all of the benefits you require. Social Security Disability Insurance (SSDI) allows you to begin collecting benefits after 6 months since the start of your disability. A dedicated lawyer can ensure that you are on the receiving end of all the money that you deserve by assisting in the completion of all necessary legal documents.
For Elder Care inquiries please contact the Law Office of Inna Fershteyn at 718-333-2394 to best prepare for Medicaid eligibility and financial asset protection when a loved one is entering long-term care.