Dedicated Long Island Elder Attorney Ready To Support You
As a trusted Long Island elder attorney, Andrew M. Lamkin advises families on how to protect their assets against the ever-increasing costs of long-term care and the importance of advanced directives such as Health Care Proxies, Powers of Attorney, and Living Wills. Also, our Long Island elder lawyer can assist you with non-legal issues such as nursing home placement, retirement planning, and long-term care insurance. Contact us today.
- Do you know someone who is disabled to the point where they require the assistance of a home health aide or nursing home care?
- Have you thought about how you would finance the cost of long-term care?
- Do you know that with the proper planning you may qualify for Medicaid?
- Do you know what type of advanced planning can be done?
- Have you executed a Living Will, Health Care Proxy, or Power of Attorney?
- Do you have a child who is disabled and is receiving SSI or Medicaid benefits?
- Do you currently pay privately for home care services? If so, are you concerned that you would not be able to retain the person you currently employ?
Medicaid Planning and Applications
Medicaid is a joint federal and state program that pays for a home health aide or nursing home for qualifying individuals. Many believe that they cannot qualify for Medicaid. This is a very common misconception. The truth is that with the proper planning, many can qualify. We can work together to create a plan that will protect your assets and make you eligible for benefits when you need them.
In New York, Medicaid applications are filed with the local Department of Social Services in the county where the individual resides and with the NYC Human Resources Administration for those who reside in New York City. Whether you require the assistance of a home health aide (community-based Medicaid) or need to reside in a nursing home, the committed Long Island elder lawyer at the Law Office of Andrew M. Lamkin, P.C. will work with the home health agency or Nursing home to ensure a smooth transition and maximum coverage.
Many believe that if they have assets in their name and require care immediately, they must “spend-down” their assets before applying for Medicaid. This is incorrect. There are ways to transfer assets so that your Medicaid application will be approved without having to “spend-down” everything.
An established and trusted Long Island elder attorney, Andrew M. Lamkin is experienced with the various ways to transfer assets and can devise a plan that will protect the most under the law.
Durable Powers of Attorney
If you would like to allow a family member or friend to make legal decisions on your behalf should you become incapacitated, the trusted Long Island elder lawyer at the Law Office of Andrew M. Lamkin, P.C. can assist you in appointing one such individual through a Durable Power of Attorney. Having this appointment can allow that trusted individual to legally handle many different financial aspects, including banking matters, all litigation, real estate, insurance questions, government benefits owed, and much more.
Last Will and Testament
Specifically, in the case of elder law, wills can be essential for determining how assets are distributed after a loved one passes. If there is no will, financial matters must be decided by the State of New York, which can cause a lot of stress on the family. The Probate process is made much easier when a Last Will and Testament is present.
The Law Office of Andrew M. Lamkin, P.C. is fully equipped to help you define the terms of your Last Will and Testament based on the needs of your family. If having a will in place seems like the right choice to you, contact our office today.
In New York, individuals have the option of creating trusts as a way of protecting their assets. Trusts can own the grantor’s assets, such as property, bank accounts, or even insurance policies. The grantor generally names an individual (called a trustee) to manage the financial aspects of the trust. Through the trustee, these assets can be managed and protected until being distributed to the beneficiaries after a loved one’s passing.
Because there are several different trust options, finding the one that best suits your family’s needs is important and often involves the services of a lawyer. Contact our respected and knowledgeable elder lawyer is discuss your needs.
A Guardianship proceeding may be required when an individual no longer can manage their affairs or make their own health care decisions. If you need to make decisions for a loved one who recently became incapacitated, you may need to file a Petition for Guardianship with the Supreme Court in the County where your loved one resides. This proceeding is a complex legal procedure that requires the assistance of a lawyer experienced in these matters. The Law Office of Andrew M. Lamkin, P.C. can help make this difficult situation easier for you and your family.
Frequently Asked Questions (FAQs)
What Are the Benefits of Elder Law Mediation in New York?
Elder law mediation is a process where you sit down with a neutral third party, the mediator, to address conflicts between yourself and your loved ones related to elder law issues. You can choose who joins and decide what to discuss in advance.
Attending elder law mediation can help when two or more people are at odds. It can help if you and your spouse disagree over how to handle shared assets when you are gone or if you need help deciding between competing needs when you design your will. A mediator can also help you determine the best options when a loved one needs extra care, and you wonder whether they can live safely on their own.
Mediation allows you to sit down and converse instead of arguing. You and your loved ones can strategize in a cooperative, controlled environment. The mediator offers their ideas, which may not occur to those closer to the conflict. And the semi-formal nature of mediation often allows participants to think in new, creative ways as well.
What Questions Should I Ask My Long Island Elder Law Attorney?
When you meet with your elder law attorney, you want to maximize your time together. Your potential lawyer will ask you questions when you meet to understand what services you need, but you also need to understand what services you will get. You might consider asking your lawyer some of the following questions:
- How do you structure your fees?
- What specific services do you offer?
- How much experience do you have?
- How can you help me meet my goals?
- How can I protect my assets?
- How can I ensure my documents are in place and ready to go?
- What will you need my help to do?
- What is your policy on communication, including methods (phone, email, etc.) and timing? and
- How can you help me plan for Medicaid?
These questions can serve as a good jumping-off point to dive into specific questions about your unique circumstances. Think through what you need from your attorney, what you wonder about what they do, and what kind of relationship you want with them.
What Services Does a Long Island Elder Attorney Offer in Estate Planning?
An elder law attorney usually offers extensive estate planning services. When we first meet, we discuss your estate planning goals to ensure we are on the same page. As we work together, we advise you on accomplishing your goals and ensuring your plan reflects your priorities.
Our services often begin with helping you create a will. We advise you of the options available within your will, and after we understand what you need, we generally draft it for you. Then, we continue to refine your will until you are happy and we are confident that your will meets the strict validity requirements.
For many people, estate planning also includes creating one or more trusts. These trusts help you protect your assets while qualifying for long-term care through Medicaid. We advise you which type of trust or trusts might be best for you. Then, we can establish one. If a trust begins in your lifetime, that means drafting a trust instrument and making it active. If it starts after your death, we usually include the trust within your will.
We also help our clients apply for Medicaid and establish durable powers of attorney. We can help you get the healthcare you need without spending down your assets. And, through careful planning, we put plans in place to ensure your wishes for medical care will be respected when the time comes.
When Should I Contact an Elder Attorney?
Even if you do not consider yourself as elderly, it is never too early to start planning for your estate. Life is unpredictable. A solid plan can ensure your loved ones are cared for should the unexpected happen, gives you peace of mind, and beats scrambling to figure things out under the pressure of catastrophe. Getting an early start for Medicaid planning can be especially important, as you usually must create your trusts at least five years before you expect to need long-term care.
You may also want to contact an elder law attorney if you need help making plans for an aging relative and understanding your options. You can reach out as soon as you suspect you may need assistance.
Consult a Trusted Long Island Elder Lawyer Today
The Law Office of Andrew M. Lamkin, P.C. understands how complex elder law can become, especially in the State of New York. He has been assisting his clients with all of their Medicare and Medicaid, Durable Powers of Attorney, Wills and Trusts, and Guardianship matters for several years. When you work with his office, you can rest assured that an experienced, professional lawyer is on your side.
Not sure how to go about starting the process? Do you have questions about your or a loved one’s legal matters that you just cannot find the answer to?
Contact online to schedule an appointment with a skilled Long Island elder attorney and find answers to your questions. Don’t delay – these matters often become complex, and legal assistance from a trusted lawyer is always recommended.
We also handle other types of cases, including:
- Trusts and wills
- Estate planning matters
- Medicaid cases
- Probate matters
- Estate litigation matters
- Special needs cases
- Advanced directives
Contact our Long Island elder attorney, Andrew M. Lamkin today, and my office can promise that the consultation will be convenient for you and your family: In fact, I am available to meet with you at your home or my office.
“Andrew and his staff provided professional and compassionate service throughout the application process. His experience and expertise made the process seamless and concluded with a favorable outcome in a very timely manner. “Mann Lopez