Hire an Elder Law Attorney in NYC & Long Island
What is an Elder Law Attorney?
An elder law attorney helps clients and their families navigate the challenges unique to seniors as they age. At Burner Law Group P.C., we help seniors in New York with planning for long-term care, determining eligibility for government benefits, ensure legal documents such as wills, trusts and advanced directives are in place. We also help family members when guardianship proceedings are needed to ensure the health and safety of a loved one who has lost capacity.
Our elder law specific estate planning focuses on aiding seniors in implementing estate plans with a particular focus on long-term care, incapacity, and wealth transfer at death. 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 and afford them the greatest autonomy.
As elder law attorneys, we help seniors with planning for long-term care, guardianship proceedings, and estate planning.
Elder Law Estate Planning
Our elder law attorneys recognize the specific legal issues that seniors face as they age. Some of the most common estate planning we do for seniors:
- Durable Power of Attorney – is a crucial document for aging seniors to avoid a costly and intrusive guardianship proceeding.
- Living Will – Documents what life sustaining measures should be taken at the end of your life.
- Health Care Proxy – Allows you to nominate someone to make health care decisions for you if you cannot do so.
- Medicaid Asset Protection Trust – protects assets in case you or your spouse need long term care.
- Revocable Living Trust – Avoids probate and allows you to name a trustee to manage your assets if you become incapacitated.
- Pooled Income Trust – Allows Medicaid recipients to qualify for home care Medicaid and still use their income to pay bills.
Elder Law: Medicaid Long Term Care
While some seniors are able to afford private pay care‚ the cost of long-term care will wipe out savings of all but the wealthiest families in a matter of years. By engaging in estate planning while you are healthy, you can minimize your asset exposure if a time comes when you need to rely on Medicaid. The gold standard for asset protection is the creation and funding of an Irrevocable Trust. If you were to fund an Irrevocable Trust with certain assets and more than 2.5 years for Community Medicaid or 5 years for Chronic Medicaid pass, Medicaid will not look to those trust assets as available to pay for your care. Learn more about the Medicaid Asset Protection Trusts.
It is important to note, that even without planning, New York Medicaid law allows certain exempt transfers that can be done on the eve of entering a nursing home to preserve some or all of the assets.
With locations in Westhampton Beach, E. Setauket and New York City, our elder law attorneys know the nuances of each county and enrolled thousands of clients in Medicaid long term care programs.
Learn more about Medicaid Eligibility and how our attorney can help families find care for their loved ones either at home or in a nursing home.
Elder Law: Guardianship Proceedings
Sometimes seniors face guardianship proceedings, either initiated by a family member, nursing home, or government agency such as the department of social services. These proceedings are brought under Article 81 of the Mental Hygiene Law when a petitioner alleges that the senior (alleged incapacitated person) is likely to suffer personal and/or financial harm because they cannot care for themselves or their financial affairs.
It is important to understand the serious civil liberties at stake in a guardianship proceeding and that the procedure moves quickly – a hearing must be brought within twenty-eight (28) days. At the hearing, the petitioner must present evidence that the AIP is incapacitated and would suffer harm if a guardian is not appointed.
The elder law attorneys at Burner Law Group know how Guardianship proceedings work from every angle. We have represented petitioners bringing the guardianship case, the alleged incapacitated person (AIP) defending against the guardianship, and interested parties such as family members. Our attorneys are regularly appointed by the courts in the surrounding counties to act as attorney for the AIP or as court evaluator. We have experienced guardianship attorneys in our Westhampton Beach, E. Setauket and New York City offices.
Why Work With the Elder Law Attorneys of Burner Law Group?
Our elder law attorneys have been helping New York seniors and their families navigate the legal landscape for twenty-five years. Our attorneys do not just dabble in elder law, we help shape it through advocating for seniors' rights in Albany and through the bar associations. We have built relationships with assisted living facilities, nursing homes, and home healthcare agencies across Long Island the five boroughs of New York City - that allow us to better serve our clients. As a firm, we care deeply about helping seniors in our community age with dignity and autonomy.
Office Locations in NYC & Long Island
Call us at (631) 941-3434
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New York Elder Law Attorneys
At Burner Law Group, P.C. we pride ourselves on the quality, personal care and attention that we provide to each of our clients. Our entire staff is dedicated to serving our clients. With our commitment to knowing each client, we are confident that we will be able to address all of your needs and provide you with a solution that is right for you.
Mission of Burner Law Group, P.C Team
- To continually build a premier elder law firm that puts the needs of our clients first.
- To encourage each employee to be their personal best, both professionally and personally.
- To be recognized as leaders in our community and a valuable and trusted community resource.