Elder Law Attorney New York | Elder Care Lawyer NYC

Elder Law Attorney

Elder Law involves a wide range of legal matters that affect an older or disabled individual. An Elder Law attorney, like Ilona Shtark, advocates for aging adults and their loved ones. Some issues that an Elder Law attorney assists with include guardianship, retirement, health care including advance directives, long-term planning, Social Security, Medicaid, and many other related Elder Law matters that our aging population face. 

 Shtark Law PC attorneys help individuals and families plan for their health care needs and those with disabilities to apply for Medicaid benefits. We explain the current rules of Medicaid in New York state, as the rules often change. We assist with developing a Medicaid plan enabling you to apply for Medicaid benefits for you or a loved one’s health care needs.  

Elder Law planning can help navigate the financial and long-term health care options as you or a loved one age. The law office of Shtark Law PLLC in New York has years of experience guiding families through different aspects of Elder Law in New York City and surrounding areas.

Elder Law Care Lawyer

An Elder Law lawyer is specially trained in the field of Elder Law to safeguard the health care and financial needs of our elderly population. Our legal services for elder care include:

  • Long-term Care Planning
  • Medicaid Planning
  • Financial Planning
  • Health Care Service Planning – Nursing Home Care, In-Home Care, or Senior Living Care
  • Special Needs Planning

Long-term Care Planning 

As you enter your golden years of life, you may need more help with our day-to-day care. Chronic illnesses, disabilities, or other conditions may require extra planning with an Elder Law attorney. These situations may lead to long-term care for a few months, years, or even a lifetime. This type of care can be costly, and addressing long-term care options within your estate plan is smart. Some aspects of your long-term care plan to consider are where you will receive care, whether it be in a nursing home, home, or an assisted living facility.

 

Medicaid Planning 

Medicaid planning should be part of your long-term care plan. The cost of long-term care in New York is continuing to rise, and senior citizens struggle to pay for care. Many seniors rely on government programs such as Medicaid to help pay for care but can run into eligibility roadblocks because of their assets. Medicaid planning consists of strategizing how to preserve as many of your assets while still being able to qualify for Medicaid.

 

Financial Planning

Financial planning is a continuous process that helps to reduce stress and use your hard-earned assets to support your current and future needs. Creating a financial plan allows you to make the most of your assets, especially in the future, when you or a loved one may require long-term health care.

 

Health Care Service Planning 

Health care service planning ensures that health services you need can align and adapt to your health changes. Preparing for both unexpected or planned health care service needs is something that your New York Elder Law attorney can address. 

 

Special Needs Planning 

Special needs planning allows you to develop a strategy to preserve your disabled loved one’s assets while maintaining their government benefits, including Supplemental Security Income (SSI) and Medicaid in New York.

Our Elder Law attorneys have years of experience to assist with your Elder Law legal needs. We can help protect your home and savings by developing a comprehensive long-term care plan for your special needs loved ones.

Elder Law in New York

It’s a common misconception that practicing attorneys of Elder Law handles Medicaid and other crisis planning situations. In reality, the scope of Elder Law is much broader. Elder Law is the general area of law that serves the elderly and disabled demographic.

Some common practice areas that fall under Elder Law include:

  • Medicaid Planning 
  • Veteran Pension Planning
  • Special Needs Planning 
  • Guardianship and Conservatorship
  • Basic Estate Planning 
  • Elder Abuse
  • Nursing Home Negligence 
  • Social Security Disability 
  • Medicare Appeals and Litigation

Elder Law is a specialized legal practice that understands the ins and outs of planning for long-term care, Medicaid planning, and understanding Medicare benefits for you or a loved one entering their golden years of life. Elder Law also includes a level of planning for long-term care and assessing the needs for government benefits such as Medicaid and Medicare in New York, NY, and surrounding areas. 

An Elder Law lawyer can help with planning and give legal advice for the many changes that may occur as individuals age in New York City, Brooklyn, and surrounding areas.

Elder Law Issues

As we age, we all wish for a long and fruitful life, complete with financial security and good health. We face many issues with our health, such as mental stability and decreased mobility as we grow older. Furthermore, having enough money to pay for additional health care needs poses its own set of challenges. A New York Elder Law attorney, like Shtark Law PC, may help with a variety of Elder Law issues such as:

  • Health Care Benefits (Insurance/Medicaid)
  • Social Security 
  • Estate Planning 
  • Elder Abuse 
  • Long-Term Care 
  • Guardianship and Conservatorship

Medicaid Benefit Issues 

Elder Law planning can face issues with qualifying and applying for Medicaid benefits. The Medicaid application process can be daunting and confusing for any aging seniors and their loved ones. Qualifying for Medicaid presents its own set of challenges as well. For example, some elderly citizens may think they have too much, or their income is too high to qualify for New York Medicaid. But there are some legal options to help seniors qualify for health care benefits without spending down on their assets. 

 

Social Security Issues 

Social security benefits provide income for individuals who need assistance with their health care costs. New York senior citizens can face specific issues when applying for Social Security benefits once they’ve reached retirement age. Seeking an Elder Law attorney’s legal advice can guide you through social security challenges in New York, Brooklyn, and surrounding areas. 

 

Guardianship and Conservatorship 

Life can take an unexpected turn, and if you find yourself needing assistance with vital matters, a guardianship or conservatorship might be needed. Many people select a trusted loved one or friend as their agent under a guardianship or conservatorship. That’s because this individual is responsible for the welfare and best interest of the participating party. A guardian or conservator can help you determine your next moves for medical, financial, or legal situations, and it’s essential to select the right individual for these extensive responsibilities. Seeking guidance from an experienced law firm, like Shtark Law PC, can ensure you avoid any elder law issues when appointing a guardianship or conservatorship in New York, Brooklyn, or surrounding areas.

Elder Planning

For many aging seniors in New York, elder planning has become a financial challenge. Your elder planning defines how you wish to handle your physical, personal, and financial affairs in your final life stages. Ensuring an effective elder care plan may require professional guidance. An elder law attorney will address these areas of elder planning with you, or your aging loved one in New York: Medicaid planning, estate planning, financial planning, long-term planning, or guardianship.

Long-term Care Planning

Many aging Americans in New York City spend the later years of their life in a nursing home. On average, about half of all Americans will require additional care in the future. The rise in life expectancy rates now reaches to 78 years old, and the average age of the elderly moving into nursing homes start at age 65. As we age, having a long-term care plan can relieve the worry that you or your loved ones may have over the expensive cost of elder care. Seeking legal advice from an Elder Law Attorney can help you and your loved ones protect your hard-earned assets by having the proper long-term care plan.

NEW YORK ANNUAL MEDIAN COST OF CARE (2019)

IN -HOME CARE COMMUNITY/ASSISTED LIVING NURSING HOME FACILITY
Homemaker Services $57,200 Adult Day Health Care $2,100 Semi-Private Room $146,000
Home Health Aide $57,200 Assisted Living Facility $83,400 Private Room $161,148

Resource: https://www.genworth.com/aging-and-you/finances/cost-of-care.html

Elder Law Questions

Elder law creates many new challenges with your financial planning, special needs planning, long-term planning, and so much more.  Seeking the legal advice of a New York City Elder Law attorney can better equip you and your loved one to manage those challenges. 

Some questions to consider when you or a loved one are forming a long-term care plan include:

  • How does Elder Law planning protect my assets? 
  • When should I seek advice from an Elder Law attorney in New York?
  • How can I afford long-term care for the remainder of my life?
  • What is Medicaid Planning?
  • How do I qualify for Medicaid benefits?
  • How long does it take to qualify for Medicaid in the state of New York?
  • What is long-term care insurance? Do I need it?
  • How do I apply for Social Security benefits?
  • What should I consider when selected a nursing home or alternative care option?
  • How do I pay for nursing home care?
  • How do I protect my assets or my home from the high cost of nursing homes? 
  • Do I need Powers of Attorney? 
  • Should I consider a Guardianship?
  • Who will help me pay for my medical bills? 
  • How should I plan for a disabled or dependent loved one?

Ilona Shtark, the founder of Shtark Law PC, is here for you and your loved ones to meet all your legal needs in the practice areas of estate planning, Elder Law, real estate law, family law, business planning, and personal injury. Our experienced attorneys can assist individuals and families in New York City, Brooklyn, and surrounding New York State areas with your Elder Law planning needs. Contact our New York law firm today to schedule a consultation for legal advice.

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