Elder law is concerned with aiding seniors in implementing estate plans with a particular focus on long-term care, incapacity, and wealth transfer at death. Elder law attorneys can help clients with Medicare, Medicaid, and Guardianship specific issues, which are especially important as we age. Burner Law Group is an advocate for “Aging in Place” to allow seniors the greatest autonomy.

An elder law attorney helps clients and their families navigate the challenges unique to seniors as they age. Elder law attorneys can help seniors with planning for long-term care, determining eligibility for government benefits, ensure legal documents such as wills, trusts and advanced directives (durable power of attorney, living will and health care proxy) are in place. Burner Law Group is a vocal advocate for aging in place and entering the third age with a clear plan of action that can protect them in case of incapacity.

There is no specific information potential clients need to gather before an initial consultation. Burner Law Group provides all potential clients with a comprehensive questionnaire that includes general questions about assets. Every estate plan is tailored to a client’s particular needs and circumstances.

New York State adopted a statutory Durable Power of Attorney form in 2010 that allows your named agents to make financial decisions on your behalf and assist in taking care of your daily financial obligations. The “durable” description means that the document remains in effect even if you become incapacitated.

Medicaid is a joint federal-state program that provides medical long-term care assistance to individuals needing nursing home care, who are 65 or older‚ disabled or blind. Recipients must meet certain income and asset guidelines. Applicants can generally have no more than $15,750.00 in available resources, however, certain assets are considered exempt and do not count toward eligibility. Any income over $50.00 must go toward the cost of care. Engaging in Medicaid planning early can preserve assets in case nursing home care is needed.

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At the cost of $15,000-$20,000 per month for nursing home care and upwards of $9,000 per month for home care, figuring out how to pay for long term care can seem daunting. If you are under 65 years old, you should consider long term care insurance. However, if the cost of long term care insurance is too high or it is unavailable, it is important for you to see an elder law attorney to review your options. Our attorneys often work with your financial planner in coming up with a plan. We can also discuss whether Medicaid planning is necessary.

As your parents grow older, it may be a concern that they will fall prey to scams targeting the elderly or family members asking for money. You can protect your parents by making sure they have an estate plan in place – including a healthcare proxy and power of attorney naming an agent they trust. If they do not have these documents and become incapacitated, your only recourse is a guardianship proceeding.

Yes, unless the resident is privately paying for their care each month. Nursing homes often apply to the Social Security Administration to become the “Representative Payee” of residents’ in order to collect their social security income. Medicaid will pay for the cost of nursing home care, but recipients’ income must first go toward the monthly payment. The resident is only entitled to keep $50.00 per month.

Gifting your home directly to a child may not be the best course of action since it opens up the equity in the house to your child’s creditors. Additionally, if your children plan to sell the home after you pass away, they may have to pay substantial capital gains. One way to ensure that you can legally remain in the house and your heirs avoid capital gains tax is to retain a life estate. Placing the house in an irrevocable trust might be a better option if you want to maintain a greater level of control or foresee any possibility of moving in the future.

The vast majority of seniors in this country would prefer to “Age in Place” rather than go to a nursing home. In most cases, this can be done with proper planning.  People who do not have close family members to rely on often put together a team of friends who are willing to implement long term care planning. At a minimum, such planning includes a healthcare proxy, living will and power of attorney. Long term care insurance can help cover the costs of care, but usually additional funds will need to be made available to caregivers. For some individuals, implementing a revocable living trust that names a successor trustee in case if incapacity is prudent. Others should explore a Medicaid asset protection trust. The best way to avoid a nursing home is to consult an elder law attorney well in advance.

Hospitals often send seniors to nursing homes upon discharge for rehabilitation. When seniors have no safe discharge plan, they can end up in a nursing home. If your parent is capable of making the decision where he or she wishes to live, it is your parent’s decision. If he or she does not capacity to decide, you would need a health care proxy and likely a durable power of attorney to bring him or her home. Proper care needs to be available at your parent’s home to ensure his or safety, which may involve privately paying for personal care aides or qualifying a parent for Medicaid long term care.