COVID-19 Update:

We are still available and able to have teleconference or video conference consultations

July 7, 2020


What to Know about Coronavirus and People with Disabilities

COVID-19, also known as the novel coronavirus, mainly affects those over the age of 60 or those with a known health condition – including disabilities. Now, not everyone with a disability is affected by this virus, and many individuals with disabilities will recover even after contracting it. However, it is important to know which disabilities […]

Infection Control Lapses in Nursing Homes

The recent COVID-19 pandemic attacking the United States and countries around the world has certainly tested the healthcare system, but it has also highlighted major flaws when it comes to infection control. It all began in Washington at a single nursing home, but that state is not alone. Multiple nursing homes across the country have […]

What You Should Know about Respite Care

Respite care is a form of temporary care that gives family members or primary caregivers a break. Respite care might be used when a primary caregiver is out of town, ill, or just needs a day to run errands. Whether you are considering respite care for yourself or a loved one, it is important to […]

What Does Guardianship of an Elderly Parent Mean?

Elderly guardianship occurs when the court appoints one individual to care for an elderly party who can no longer care for themselves. The guardian will then assume duties and responsibilities for that elderly person. The individual appointed does not always have to be a family member, but usually a family member is appointed for this […]

What Is the Difference between Elder Law and Estate Planning?

Most people use the terms “estate planning” and “elder law” interchangeably. If you find yourself curious whether they are the same or not, you are not alone. Estate planning deals mostly with helping plan for disability, death, and taxes. The purpose of estate planning is to make sure loved ones receive their inheritance and are […]

When Does Medicare Cover Nursing Home Costs?

When and how long Medicare covers nursing home costs will vary, but understanding how your benefits work and when they kick in is critical when you require nursing home care. Most seniors will reach a point where they need nursing home or long-term care. Sometimes, it is only after an illness or accident, while other […]

A Guide to Picking Nursing Homes and How to Pay for Them

Whether you are looking for nursing homes for yourself, a spouse, or an aging loved one, it is imperative that you do your research first. Nursing homes are plentiful, but not all of them offer the same care that you would expect. By understanding the basics to include in your search, you can narrow down […]

Common Mistakes Made by Executors and How to Avoid Them

The job of being an estate’s executor is not an easy one. This is why, when you designate someone, you do so with extra care. You pick someone organized, efficient, and mentally ready for the job ahead. Whether you are working to pick an executor or you were named the executor of an estate, there […]

5 Trending Topics in Elder Law to Know Today

More baby boomers are hitting 65 each day and will continue to do so into 2030. Therefore, the issues surrounding elder law are becoming more mainstream, especially as more enter or head toward retirement and start looking at the facts. From Medicare to long-term care coverage to Social Security, there is a lot to know […]

3 Big Issues an Elder Law Attorney Can Help Resolve

An elder law attorney serves as your advocate and also your family’s guide. This area of the law specializes in the unique range of financial and legal matters older adults face, including everything from health care planning to long-term care to guardianship and estate planning. An elder law attorney is a specialist because they focus […]

What Is a Certified Elder Law Attorney – and What Can They Do for Me?

Description: An elder law attorney can help you long before retirement with everything from long-term care to Medicare and even the creation of an estate plan. You know that you need an elder law attorney. But as you ponder over your options, you might have noticed some attorneys have called themselves “certified,” while others do […]

10 Essential Questions to Ask before Hiring Your Elder Care Attorney

When you are looking for an elder law attorney, ask these questions before hiring him or her to make sure they are the right fit. As you age, concerns about your living situation, care needs, and finances start to arise. You might wonder how you will pay for long-term care, what will happen to your […]

How to Help Your Widowed Elderly Parent with Legal and Financial Issues

After losing one parent, you may see that your surviving parent is struggling with the legal and financial tasks that come afterward. After all, they are grieving and the last thing they should have to deal with is the paperwork, phone calls, and endless to-do items. As an adult child, there are things you can […]

A Quick Primer on Elder Law

As you age, you face critical decisions that not only impact your quality of life but the life of your loved ones. Some decisions you might make include how you receive medical care, where you live, and what you want when you pass away. Many decisions you make have legal considerations too, which is why […]

Primary Goals of Small Business Tax Planning

As any experienced small business owner already knows, the primary goal of small business tax planning is to make the most the money the business is already generating. How an accountant achieves that goal depends on the type of business, the source of its income, and a myriad of other factors. Staying Out of Trouble Generally […]

How Spousal Rights Affect Legal Property Ownership

Various laws concerning a person’s property rights during marriage are normally based on the state that the marriage took place in. Marriage and property ownership laws in different states are divided into two different categories. There are states with community property laws and states that do not have community property laws. These different laws govern […]

The Advantages and Disadvantages of an Adult Guardianship

Adult guardianships are sometimes necessary when an adult becomes incapacitated and the adult can no longer handle his or her financial or medical business. If there is no durable power of attorney in place, the guardianship becomes necessary. The court is the institution that is in charge of appointing a representative to handle the matters […]

What is Elderly Guardianship and When is it Necessary

The number of people with elderly parents has exploded in recent years, and taking care of an elderly parent, or even two, may be difficult. Sometimes, the health of an elderly person will depend on his or her caretakers. Often, assigning a guardian is required to keep a person safe in old age. The guardian […]

5 Things You Might Not Know about a Will

Most people know that a will is a written document providing the last wishes of a person. It will detail how the person’s property will be given to his or her heirs. However, there are things many do not know about how a will is created or how it is used. 1. If a Person […]

Medicaid Redesign team Proposes Changes to Medicaid Eligibility in New York

Governor Cuomo recently accepted proposals from New York’s newly created Medicaid Redesign Team (“MRT”). While it is early in the process, and the proposals may not be implemented in their present form or at all, budgeting pressures at all levels of government make it likely that some changes in the Medicaid program will occur. Here […]

Community Medicaid in New York State

How to Stay at home and protect your assets and income In New York, the Community Based Medicaid program will pay for the cost of a home health aide. When applying, the local department of social services considered the applicant’s income and assets and whether the Medicaid applicant requires the assistance with the activities of […]

How to Pay for Nursing Home Care on Long Island

The cost of a Nursing Home in Long Island is generally $12,000 – $15,000 per month. This cost can deplete savings very quickly. As a result, proper planning is extremely important. There are three ways to pay for a Nursing Home. First, one can use their savings. Clearly not a great plan – especially if […]

The Irrevocable Income Only Trust

A Case Study in protecting your assets against the cost of long term care Mr. and Mrs. Watson are in their mid-seventies. Mr. Watson recently fell and injured his hip. He is home from re-hab and is doing better, but may require assistance in the coming years. Additionally, Mrs. Watson has just been diagnosed with […]

Probate: What it is and why to avoid it

Probate is the process by which a Last Will & Testament is declared valid. When an individual passes away the named executor of the Will must file a Petition, along with the original Will, with Surrogates Court in the county where the decedent resided. Included with the Petition, the Executor must satisfy certain requirements. One […]

Estate Planning for New Parents

New parents have many things to think about. Is it a boy or a girl? How do we decorate the nursery? Day care or a nanny? Some of the most important questions, however, are put on the back burner because most new parents either choose not to discuss them or can’t come to any conclusions […]

Estate Planning for those in 2nd Marriages in New York

For those in second marriages, Estate Planning can pose many different issues. This is because spouses may have to provide for their new spouse, their new spouse’s children, and their own children from the previous marriage. If you are marrying later in life and already have substantial assets, this can make the situation even more […]

Pooled Income Trusts

How to protect your excess income when receiving community Medicaid A Pooled Income Trust is an option for a disabled individual who has excess income while receiving Community Medicaid Benefits. Here is how it works: Recipients of Community Medicaid – those who receive the assistance of a home health aide – are allowed to keep […]

New ‘Power of Attorney’ Law – Frequently Asked Questions

By Andrew M. Lamkin, Esq. On January 27, 2009, Governor Patterson signed into law revisions to the New York laws which powers of attorney. The news laws became effective on September 1, 2009. Many of the changes substantially affect the power of attorney. It is not surprising that, during the execution ceremony, my clients have […]

Veteran’s Aide and Attendance Program

An additional pension for qualifying veterans Recently I have had many clients come to my office with a similar problem. They have had to hire a home health aide for their parents or place them into an assisted living facility. The problem that my clients, typically the adult children of a disabled senior, have is […]

Planning for Families with Disabled Children: Supplemental Needs Trusts

By Andrew M. Lamkin, Esq. Clients came to my office for advice on how to make arrangements for their 5-year-old son. Their son is autistic and their situation is common to parents who have children with disabilities. Two major problems exist. First, when a disabled child turns 18, the parent loses the ability to make […]