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WHAT DOES AN ELDER LAW ATTORNEY IN KEW GARDENS NY FOCUS ON?

elder law attorney in kew gardens

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Many estate planning attorneys also focus on elder law issues. When you hear the term “elder law” you may wonder exactly where the focus lies.

In a general sense, elder law attorney assist people who are concerned about legal issues that are of interest to senior citizens. Some elder law attorneys focus on legislation that impacts seniors. They may advocate certain positions.

Most elder law attorneys are involved in personal interactions with clients who want to prepare for the eventualities of aging.

The most pressing issue that an elder law attorney in Kew Gardens NY is facing at the present time is the matter of long-term care. The United States Department of Health and Human Services tells us that the majority of senior citizens will need assistance with their activities of daily living eventually.

Fortunately, a lot of this care is provided by family members, friends, and neighbors. In many cases seniors who need help with their day-to-day needs can remain in their homes.

However, this is not always the case. A significant percentage of seniors ultimately reside in assisted-living communities and nursing homes.

These facilities are expensive, and they are totally out of reach for some people. Others could possibly afford it, but it would wipe out the assets that they always intended to leave behind to their loved ones.

Medicaid Planning

Elder law attorneys focus in large part on Medicaid planning. Medicaid actually pays for most of the long-term care expenses that are incurred by elder Americans. This is because of the fact that Medicare will not pay for an extended stay in an assisted living community or a nursing home.

Medicaid rules are complex. Because it is a need-based program, technically you must be in possession of assets that do not exceed $14,550 (2014) if you want to qualify.

The good news is that some of your assets, such as your home up to $814,000 of equity in 2014, don’t count initially. This can be comforting, but Medicaid recovery is a factor. The Medicaid program could seek reimbursement from your estate after you pass away.

If you retained personal ownership of your home at the time of your death, it could potentially be lost to Medicaid recovery.

Elder law attorneys assist clients who are interested in qualifying for Medicaid without losing everything that they own in the process. If you plan ahead effectively well in advance of applying for the program, you may be able to keep a significant store of assets within your family.

Because of the fact that the population is rapidly aging the field of elder law is becoming more and more important. Seniors are looking for answers, and if you are among them you can become fully informed if you discuss everything with a licensed elder law attorney in Kew Gardens NY.

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At some point in time you may get serious about preparing for the eventualities of aging. There are certain contingencies that you may face when you reach an advanced age, and they are easier to address if you made preparations beforehand. The best way to make these preparations is with the assistance of a licensed elder law attorney.

Elder Law Attorneys

What does an elder law attorney do? Generally speaking, an elder law attorney will advise people who need legal advice regarding matters that are of particular interest to senior citizens.

One of the major issues that elder law attorneys must address is that of long-term care costs. Medicare does not pay for an extended-stay in a nursing home or an assisted living community. These facilities are very expensive and out of the reach of many people.

Elder law attorneys will assist people who want to take steps to prepare for these expenses.

Locating an Elder Law Attorney in Kew Gardens NY

How do you find the right elder law attorney in Kew Gardens NY? One way to go about it would be to broach the subject among people that you know. Family members, friends, neighbors, and coworkers may be able to provide you with recommendations.

If you know someone who has had a good experience with a particular elder law attorney, it is likely that you will have a similar experience.

Checking for affiliations with respected professional organizations can also be very worthwhile when you are looking for an elder law attorney. For example, we are members of the American Academy of Estate Planning Attorneys. If you were to check their database for members, you would find reputable law firms that focus on elder law matters.

Once you identify an elder law attorney that you are interested in working with, communicate openly. Don’t be afraid to ask questions while you are on the phone initially. If the person that you are speaking with does not seem to be welcoming and empathetic, you may want to look elsewhere.

Estate planning involves discussing some very sensitive and personal issues. A good estate planning attorney will be well aware of this fact. You want to feel totally comfortable with your attorney, so you should be discerning when you are making a connection.

Some firms will provide you with a free consultation. Our firm is one of them. If you sit down and speak with an attorney face-to-face, you will certainly come away with a distinct impression.

Our objective is to assist our clients in the present as we build long-term relationships, because estate planning is an ongoing process. If you take a moment to request a consultation, you will invariably find us to be quite responsive and genuinely interested in the well-being of your family.

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When you are preparing for your senior years, you are invariably going to envision your active retirement years. This type of planning is important. However, you should also consider the twilight years that will follow your active retirement years. The eventualities are something that you should discuss with an elder law attorney in Kew Gardens New York.

Questions to Ask an Elder Law Attorney in Kew Gardens

HOW WILL YOU PAY FOR LONG-TERM CARE?

This is one question that you should definitely ask an elder law attorney. Long-term care is very expensive, with the average annual expense for a room in a nursing home exceeding $130,000 in the state of New York. These expenses are very high right now, but long-term care costs have been rising by a few percentage points year-by-year. If you are not concerned because you are going to be qualified for Medicare, you should definitely become apprised of the facts. Medicare won’t pay for long-term care. Assistance with your activities of daily living is considered to be custodial care rather than medical care. Medicare does not assist with custodial care costs. When you discuss this matter with your elder law attorney, you will hear about Medicaid planning. Medicaid is a government health insurance program that will pay for long-term care costs. As you are probably aware, Medicaid is a need-based program. If you have significant assets and income you cannot qualify for Medicaid. However, many people who were not poor throughout their lives ultimately rely on Medicaid to pay for long-term care. Some of them suffer great losses. They do not plan ahead, and they wind up spending everything that they have paying for long-term care. At that point, once they actually do have significant financial need, they can qualify for Medicaid. Others take a different approach. If you decide that you want to be prepared to apply for Medicaid at some point in the future, you can take steps now to position your assets with Medicaid eligibility rules and regulations in mind. It may be possible to preserve resources for the well-being of your loved ones while still being able to gain eligibility if you take the right steps.

THIS CAN HAPPEN TO YOU

When you are considering the relevance of Medicaid planning, you may take it with a grain of salt. You have always been healthy enough to take care of yourself. You don’t see that ever changing, even if things may become more difficult. In fact, according to the United States Department of Health at Human Services, most Americans will need help with their day-to-day needs eventually. This is something that is relevant to everyone, regardless of your health or lifestyle at the present time. Hopefully you will never need living assistance. However, prudent individuals will definitely prepare for the possibility.