Elder Law Attorney NYC

Elder Law Attorney NYC

The American population is steadily growing older. According to a 2018 U.S. Census Bureau report, there will be more Americans aged 65 and older by 2035 than there are people younger than 18. Therefore knowing an estate planning attorney whose law office is familiar with elder law, long-term care, pooled income trust, and nursing homes is necessary. 

As people age and become senior citizens, having an estate plan and discussing estate administration is necessary. You should visit a New York elder care attorney law office, to discuss real estate, estate planning, New York elder law, pooled income trust, Medicaid planning, with a New York estate planning attorney. they typically enter a more vulnerable position in society. Often, if a person will be properly protected and have all they need to enjoy their sunset years, there will be a need for due planning and proper legal advice. 

The branch of law that regulates how older Americans organize their affairs, receive care, and the rights that accrue to them, is called elder law. This is not a single enactment or statute though.  When dealing with elder care, estate planning, and the issues that effect their real estate, Medicaid planning, health care, and pooled income trust you need a law office that works with elder care and an estate planning attorney.  Elder care law covers several laws relating to the disposition of property, and even the person, of older Americans, including issues such as healthcare, estate planning, real estate, estate administration, Medicaid planning, .and a complete estate plan.

What is Elder Law?

Elder Law largely describes the operation and practice of laws pertaining to the elderly population. And, no, it isn’t just about making wills it is a lot broader today than in previous decades, as it now covers many different facets of the lives of senior citizens. Because Elder Law focuses on legal issues you deal with as you grow older, it includes the estate planning, pooled income trust, Medicaid planning, and estate administration:

• Wills,
• Trusts,
• Powers of Attorney,
• Healthcare Proxies,
• Inter vivos (or Living) wills
• long-term care
• nursing homes

But if this was the entire scope of Elder Law, it wouldn’t be much different from Estate planning. An elder care attorney and their law office will take several steps further to commit to age-related legal issues faced by older people. 

Therefore, while it includes regular estate planning, it also incorporates planning and execution of legal issues that protect and cater for the old and aging – while they are still alive. This generally includes:

• Medicaid 
• Protection of assets
• Elder neglect and abuse
• Guardianship or Conservatorship Proceedings
• Social security
• Employment
• Long-term care
• End-of-life planning 
• Palliative, Hospice or Home care
• Insurance and Financial matters

So, you see that elder law attorneys and professionals take more than a step further. The goal is to understand the issues facing senior citizens and help them navigate the complex legal systems set up for the elderly.

The Scope of New York elder attorney estate planning

With wills, your wishes for how you want your assets and personal items handled after death are recorded. Elder law attorneys can help you draft a will.

With Trusts, you can avoid probate and have your assets automatically pass to your beneficiaries, saving them from having to confront the complicated probate process that begins after death. Elder law attorneys can help you draft a trust.  A trust can also assist a New York Elder law attorney with trust estate administration and a pooled income trust.

Part of your estate plan should be durable Power of Attorney (POA) lets you choose someone to handle your financial affairs should you become physically disabled or mentally incapable;

The last part of your plan is the Health Care Proxy allows you to appoint a person of your choice to make health care decisions for you in the event you can no longer make such decisions for yourself. Elder law attorneys can help you draft a POA and HCP.

Some of the most common services incorporated in Elder law practice are also briefly discussed below. 

Elder Employment

According to a recent AARP report, many people work well into their 70s. While many offices value older workers’ skills, others treat them poorly. About two-thirds of older employees face age discrimination on the job.

This should not be so. In addition to the Age Discrimination in Employment Act of 1967 (ADEA), age discrimination is illegal under most state laws. An experienced Elder Law attorney can help challenge acts amounting to age discrimination in the courts, and help you obtain relief. 

Elder Neglect and Abuse

Although most elders receive great care, some suffer unjustifiable harm at the hands of those responsible for their health and safety. It may be physical, psychological, emotional or exploitative(financial). 

A New York Elder Law attorney and professional can help take legal action to stop the abuse, and explore several options for remedy.

Avoid possible complications. Speak to our Attorney today

Because it is a complex and evolving field, hiring a skilled attorney is the best way to avoid possible complications. New York attorney, Jimmy Wagner, has decades of experience protecting and stretching their clients’ assets. 

You should discuss your concerns, if there are any, with our experienced  New York Estate attorney and Estate planning attorney Jimmy Wagner.