It may never seem like the right time to plan for the end of your life. But having a plan can give you valuable peace of mind. If you wait, you may have to scramble while dealing with medical issues that make it difficult or impossible to plan appropriately. Or you may leave your loved ones sorting through your affairs with few or no instructions. So when should you hire an elder law attorney?
There is no one right time to hire an elder law attorney. However, it is a good idea to speak with an attorney if you are approaching retirement age or have many assets or liabilities needing management. If you are considering hiring an elder law attorney, contact the Law Office of Andrew M. Lamkin P.C. We can discuss your unique situation to help you start planning for your future. We focus exclusively on estate planning and elder law, so we can provide you with the knowledge and experience you need. Our office proudly serves clients across Long Island and New York City, offering compassionate elder law services for families at every stage of life.
What Does an Elder Care Attorney Do?
Elder law attorneys help you plan for the end of your life and your affairs after you are gone. They also assist with the probate process. So, what does an elder law attorney do, specifically?
We focus on legal issues that affect aging adults, including estate planning, long-term care, Medicaid eligibility, guardianships, and incapacity planning. Our attorneys help clients coordinate financial, healthcare, and family decisions to protect their well-being and independence.
Probate
In legal terms, a person who has died is a decedent. If the person dies with a will, they are also known as a testator. Regardless of whether the decedent had a will, you typically go through probate court to administer the estate. Elder law attorneys generally represent estates of both kinds.
When someone dies with a will, you take that will to probate court to ask a judge to determine whether the will is valid. This process is known as probating the will. During the probate process, people can challenge the will’s validity. An executor manages the estate and distributes assets according to the will.
When someone without a will dies, their estate passes through intestate succession. The court appoints an administrator, typically a relative, to manage the estate. After satisfying debts, the administrator distributes assets according to the law.
An elder law attorney guides executors and administrators through each step of probate. We can help ensure you meet deadlines, pay debts and taxes, and that beneficiaries receive what they are owed.
Estate Planning
To maintain control over the process, you can hire an elder law attorney to assist you with creating a comprehensive estate plan. Typically, this involves creating a will, one or more trusts, or a combination of each.
Coordinating your estate planning with long-term care planning is essential. A thoughtful plan aligns beneficiary designations, trusts, and property titles with your Medicaid strategy and tax goals so your instructions are clear and your assets transfer efficiently.
Wills
An elder law attorney can guide you through drafting your will, ensuring it meets strict will requirements. With your lawyer’s help, you can clearly state who you want to receive assets from your estate. Your will can also name an executor, nominate guardians for dependents, and provide funeral preferences.
Trusts
Trusts are a flexible estate planning tool that allows you to set aside assets for particular purposes. The person who creates the trust is the grantor. The people or entities that benefit from the trust are beneficiaries. The people or entities that operate the trust are trustees.
Trusts are either revocable or irrevocable. The grantor retains the right to revoke a revocable trust, but does not have the right to revoke an irrevocable trust after creation.
Trusts are also either living, also called inter vivos, or testamentary. A grantor funds a living trust during their lifetime. Testamentary trusts fund upon the grantor’s death.
Trusts allow you to take more control over the estate planning process. You can use them to bypass the time-consuming probate process, provide assets to loved ones that creditors cannot access, create a legacy to support causes you are passionate about, or protect your assets while qualifying for Medicaid.
Social Security and Retirement Benefit Coordination
Many older adults rely on Social Security, pensions, or veterans’ benefits to fund retirement. Elder law attorneys help coordinate these benefits with your estate plan to make sure you do not lose income or trigger unnecessary taxes. For example, your attorney can review survivor benefits, required minimum distributions (RMDs), and eligibility for programs like Supplemental Security Income (SSI) or veterans’ aid and attendance.
Medicaid Planning
It is no secret that healthcare in the U.S. is expensive. Long-term care is no exception.
Many people know that to qualify for long-term care through Medicaid, you must have limited assets and income, and that Medicaid has a “look-back period” of five years. Under the look-back rule, the government looks at your asset transfers in the last five years. If you transferred assets away in those five years, you may have to wait for a penalty period before you can receive Medicaid.
This system has led to the popular belief that you have to spend down your assets to qualify for Medicaid. However, with careful planning, you may be able to protect your assets while qualifying for Medicaid.
You typically protect your assets by creating irrevocable trusts. The first type of trust is called a Medicaid Asset Protection Trust (MAPT). You can transfer your assets into a trust with limited control, allowing you to prevent them from being counted as assets. You can also create an income protection trust that automatically places a portion of your income into a trust. There are two broad approaches to Medicaid planning: proactive planning and crisis planning.
Proactive Planning
Proactive planning means preparing well before long-term care or incapacity becomes urgent. Because Medicaid’s five-year look-back period examines asset transfers over the previous five years, starting early allows time for your plan to “season” before you apply for benefits. By transferring assets to an irrevocable trust or restructuring ownership of your home, you can protect what you own while remaining eligible for future care.
Proactive planning also allows you and your attorney to coordinate related issues so that all pieces of your financial and estate plans work together. It is usually more effective and less expensive than crisis planning.
Crisis Planning
While proactive planning offers the broadest range of options, many families come to an elder law attorney during a crisis—after a loved one has entered a nursing home or received a diagnosis that requires immediate care. This situation is known as crisis planning. Even at this stage, there are still legal tools that can help protect a portion of the family’s savings and home from being exhausted by long-term care costs.
Crisis planning focuses on meeting Medicaid’s financial eligibility requirements quickly and lawfully. Strategies may include converting countable assets into exempt ones, using short-term annuities or promissory notes, or applying spousal protections such as the Community Spouse Resource Allowance (CSRA).
An attorney can also prepare a Medicaid application and coordinate with financial institutions to document transfers and verify eligibility. While the opportunities are narrower than proactive planning, acting promptly with professional guidance can save significant assets and ensure that needed care begins without unnecessary delay.
Advance Directives and Powers of Attorney
Part of planning for the future includes planning for what will happen if you can no longer care for yourself. Advance directives, also known as living wills, and powers of attorney are common ways of setting out your wishes.
In an advance directive, you explain your wishes for your medical treatment in specific circumstances. Your advance directive usually covers common potential medical treatments, like whether you want to receive antibiotics or undergo resuscitation.
Medical and financial powers of attorney operate the same way. You select someone you trust to handle your medical or financial affairs if you become incapacitated and can establish what their power encompasses.
Why Should I Hire an Elder Law Attorney?
You do not have to be elderly to benefit from elder law services. People in their 50s and 60s often begin working with an elder law attorney to prepare for retirement, potential incapacity, and long-term care. The earlier you start, the more options you have to save assets.
If you don’t hire an elder law attorney, your loved ones could be left struggling to handle your affairs if something unexpected happens. Understanding the risks of not hiring one can help you see why it’s important to have proper legal guidance. This can also help answer the question, “Do I need an elder law attorney?” You may:
- Receive healthcare you would not have wanted;
- Have to spend tens of thousands of dollars on long-term care;
- Lose time and asset value to the probate process; or
- Have your assets pass to people not of your choosing.
If you hire an elder law attorney, however, you can:
- Lay out your healthcare desires in advance;
- Qualify for Medicaid;
- Protect assets from the probate process; and
- Direct where you want your assets to go.
Hiring an elder law attorney allows you to take control of your future.
How to Find a Good Elder Law Attorney
When considering how to find a good elder law attorney, look for someone who:
- Focuses on elder law, estate planning, and Medicaid;
- Explains complex ideas in plain English;
- Offers clear, written fees;
- Is experienced in New York probate and trust law; and
- Communicates compassionately and promptly.
When choosing an elder law attorney, always ask about experience with situations like yours, whether they use flat or hourly fees, and how they keep your plan up to date.
Most elder law attorneys in New York use one of two billing methods: flat fees for standard estate planning packages and hourly billing for complex or ongoing matters. Simple plans may cost several hundred dollars, while more complicated plans can run a few thousand. Medicaid planning may cost more depending on when you plan and what you own.
Frequently Asked Questions
What is the average cost of an elder law attorney?
Costs depend on your needs. In New York, simple estate plans may start around $1,000, while trust-based or Medicaid planning can cost several thousand. Most attorneys offer flat-fee estate packages and hourly rates for complex work.
What is the purpose of an elder lawyer?
An elder law attorney helps aging adults and families plan for healthcare, finances, and asset protection. They create legal strategies to preserve dignity, ensure care, and protect wealth.
What are two instances when a person might need to hire a lawyer?
Hire an elder law attorney when planning for long-term care or Medicaid eligibility, or when creating or updating estate documents after major life changes.
Start Planning Now with an Elder Law Attorney You Can Trust
Planning for the future is one of the most thoughtful steps you can take for yourself and your loved ones. Whether you’re preparing for retirement, exploring long-term care options, or simply want to make sure your estate plan is complete, it’s never too early to seek trusted guidance. The Law Office of Andrew M. Lamkin, P.C. helps Long Island families plan ahead with clarity, compassion, and care. Contact our office today to start building a plan that protects your future and preserves your peace of mind.
Andrew Lamkin is principal in the law firm of Andrew M. Lamkin, P.C., where he focuses his practice in the areas of elder law, estate planning and special needs planning, including Wills and Trusts, Medicaid planning, estate administration and residential real estate transactions. He is admitted to practice law in New York and New Jersey.
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