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Long Island Elder Law Attorney

Addressing Questions of Estate Planning, Health Matters & Elder Law

Americans are living longer now than ever before thanks to medical advancements, preventive healthcare measures, healthier habits, and better health education. As these improvements add more years to our lives, however, we also need to focus on our financial health so that we can enjoy our golden years with the high quality of life that we deserve. That is what elder law is about, addressing the financial issues now that can affect your life and the lives of your heirs.

What is the Difference Between Elder Law and Estate Planning?

The two practices of Elder Law and Estate Planning are very similar, but have some important differences. Estate Planning deals with a plan for the future to preserve your income and assets both to be used in your care while you're alive and to have a plan for distribution of your assets once you die. Estate Planning can include protecting your assets, planning for retirement, living trusts, wills, power of attorney, business succession planning, and more.

On the other hand, Elder Law deals with similar issues, but for an older population. It handles legal and health needs and elder lawyers will have a more in-depth knowledge of senior citizen rights. Elder Law includes planning for long-term care in a nursing facility, care for disabled or incapacitated, determining guardianship, etc.

What Constitutes as Elder Abuse in NY?

In New York, elderly abuse includes physical, emotional, or sexual harm inflicted upon an older adult, their financial exploitation, or neglect of their welfare by people who are directly responsible for their care. As older adults become more physically frail, they’re less able to take care of themselves, stand up to bullying, or fight back if attacked. Mental or physical ailments can make them more trying companions for those who live with them. And they may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them. Elder abuse can also occur in institutional settings, especially long-term care facilities.

Common Elder Law Issues

Elder Law encompasses a wide variety of legal topics and concerns that address our elders and their finances, including:

    Aspects of an Elder Law Estate Plan

    During the process of planning your estate, it is best to work with a Long Island attorney to ensure that your plan is thorough and meets your desires.

    When you are developing an estate plan, it will generally include the aspects listed below:

    • Irrevocable Medicaid Asset Protection Trust or a Revocable Living Trust. You will typically have one of these as opposed to both of them.
    • Through a pour over will, anything that you did not cover in your trust will be poured into the trust and distributed as you wish.
    • Through the power of attorney you can pick who you want to be in charge of your affairs in the event that you are unable to control them.
    • If you are unable to make decisions about your medical care, then the proxy will make these decisions for you.
    • Through a living will you can authorize to be taken off life support if the proxy makes that decision.
    • Funeral and burial instruction can be covered in an estate plan and may address how you want the funeral and burial to occur, if it will be paid in advance, if you will donate any organs and who will be in charge of the arrangements.
    • Final instructions can be given to your family to help them in settling your estate.
    • Deeds should be arranged for the transfer of property.
    • A memorandum of personal effects will typically be handwritten so that it can be changed without having to request an attorney make this change.
    • In regards to transferring assets to a trust, written instructions are provided in addition to an in personal explanation.
    • A plan should be monitored and reviewed on an ongoing basis so that it is always up to date.

      Find Help for an Elder Law Issue in Long Island

      If you're worried about outliving your savings, or how you're going to pay for long-term medical care; if you're concerned about preserving or protecting your assets or setting up a will or trust for your loved ones or a gift to your church or organization you admire, contact a knowledgeable Long Island elder law attorney from our firm right away. Our team has extensive experience in complex elder law cases. We'll review your case and help you determine what steps you need to take to create a plan that's right for you.

      At The Law Office of Michael J. Brescia, P.C., we understand that every person's financial picture is unique. Therefore, the answers to your questions will depend on your individual situation. If you or your loved ones need more information or legal representation from an experienced elder law attorney on Long Island, call our office at (631) 386-8767 to contact us for your free initial consultation!

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      • Nearly 15 Years of Experience

      • Individual Focus, Personal Representation

      • Broad Range of Experience & Knowledge

      • Prioritizing the Best Interests of Our Clients

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