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Advance directives are documents that are usually signed with an estate planning attorney while the client still has capacity and are meant to give direction as to how the client’s healthcare and financial decisions should be handled in case of incapacity. Advance directives traditionally include a health care proxy, living will, and durable power of attorney.

In practicing Elder Law, it is common for clients to come in to discuss applying for Medicaid to cover the cost of long term care for an ailing parent who has lost the mental capacity to make decisions for themselves. Before we even begin to discuss what transfers would need to be made to make the parent eligible for Medicaid, I ask if their parent has a power of attorney.

My friends used an online service to prepare their Wills. They signed them at in the presence of their neighbors. They said it was much less expensive than going to an attorney to have a Will prepared. I am planning to disinherit one of my children but I am hesitant to have my Will prepared by an online service. Can you give me some advice?

My mother is receiving Community Based Medicaid. She owns a house in her sole name. She has received advice on what to do with the house such as transfer it to her children or to a trust. Are these options advisable?

Clients often ask how they can ensure the home in which they live or their vacation home can be protected against the cost of long term care. These assets are often worth much more to our clients than the cash value; they represent hard work to pay off the mortgage and are wrapped in memories.

If I go to a nursing home, will I have to spend all my assets before I can get on Medicaid?

I am the Executor of my father’s Estate. The Surrogate’s Court has asked me to provide them with an “Inventory of Assets”. What is an Inventory of Assets?

A common misconception of people researching the viability of Medicaid to pay for a Nursing Home is that the “well” spouse will be left with no assets. Despite Medicaid being a means tested program with strict income and asset requirements, there are protections for spouses who remain in the community.

My father is a World World II Veteran. He is 89 years old and lives alone. Unfortunately, his health is declining and he needs some assistance with his activities of daily living. What benefits might be available to him?

This past Wednesday, August 26th 2015, over 350 of our clients and their families joined us for our 2nd Annual Client Appreciation Event: Family Night at the Long Island Museum.