Elder Law


Elder Law Attorneys in NYC, Assisting With the Legal Issues of New York’s Aging Population

We face varying difficulties at different stages throughout our lives. In our teen years, our hormones give us quite the wallop. During our time as young adults, we're figuring out ourselves and building careers that could last a lifetime. However, we face an onslaught of new concerns as we age. What will happen to our assets when we're gone? Will nursing home costs eradicate our savings? Is having a last will and testament really necessary? All of these questions have nuances and complexities, and they're only the tip of the iceberg. Fortunately, an elder law attorney in NYC can help answer these questions and many others.

At Marchese & Maynard, LLP , our law firm has spent years assisting clients with important matters regarding their estates, long-term care planning, health care issues, power of attorney, and more. We know that these matters can all be complex, so our goal of helping seniors plan for now and into the future is an ongoing process. Joining the elderly population does not mean you have to give up personal decisions, and if you have aging loved ones who need assistance, they don't have to give up their dignity. Let the experienced NYC elder law attorneys at Marchese & Maynard, LLP help. Contact us today to schedule your no-obligation, free consultation.

What Is Elder Law?

When people think of different areas of the law, they often envision singular specialties. For instance, personal injury law is about accident victims — while criminal law deals with illegal activities. However, elder law involves a wide variety of different legal areas. Put simply, elder law is any legal issue that deals directly with the aging population. Most people immediately think of wills and other estate plan issues — and these certainly fall into the category — but this legal specialty covers much more as well. After all, the average life expectancy in America is over 75 years. That's a lot of time after we start getting the senior discount at restaurants.

It's important to remember that elder law attorneys in NYC don't just serve our state's aging population. At Marchese & Maynard, LLP, we serve their family members and loved ones as well. Ultimately, there will be times when an individual is no longer capable of making decisions for themselves. Having an elder care attorney can be invaluable in these moments. You could also find yourself in a situation where the loss of a loved one brings up issues regarding their assets. An estate administration lawyer would then be useful. Regardless of the elder law issues you're facing — and whether they involve you or a loved one — our law firm is ready to help. Schedule your free consultation today.

What Services Do NYC Elder Law Attorneys Provide?

Due to the wide range of legal areas that fall under elder law, the services provided by any given law firm can vary drastically. For instance, a personal injury lawyer may offer assistance in cases of elder abuse at assisted living facilities. On the other hand, a family law attorney might handle guardianship proceedings or power of attorney issues. Then again, an estate planning lawyer could help create a revocable living trust or deal with similar estate issues. However, there are a few legal areas that most attorneys who offer elder law services provide. These include:

  • Long-term care planning
  • Medicaid/Medicare issues
  • Estate planning
  • Guardianship

Most lawyers who don't provide each of these services typically would not market themselves as an NYC elder law attorney. That's why you'll hear elder abuse law firms using the term "personal injury" instead. However, this doesn't mean that a legal professional isn't offering elder law services. In some cases, you'll simply find them under a different name. At the law offices of Marchese & Maynard, LLP, we understand that this can get confusing. That's why we offer a free initial consultation to help you better understand your situation.

We have provided excellent advice to New Yorkers over the years, and in some cases, this has included pointing them toward other law firms that handle the issues they're facing. Contact us today to see how we can help.

Do Elder Law Lawyers Only Focus on End-of-Life Issues?

This guide has probably made it clear that NYC elder law attorneys deal with more than just issues involving death. While estate planning certainly is important, there are many legal issues that involve other areas of the law. In fact, an estate plan often does more than just dictate what happens after a person dies. For instance, did you know that the median cost of a private nursing home room is now over $100,000 per year? There is economic assistance available, but what if your assets exceed a threshold and you're ineligible? Would all your hard-earned savings suddenly disappear? Perhaps not, with the right financial planning.

Here are just a few of the services provided by every NYC elder law attorney at Marchese & Maynard, LLP:

  • Planning for long-term care
  • Asset protection without disrupting benefits
  • Establishing guardianship for children
  • Medicare and Medicaid planning
  • Getting benefits for nursing home care
  • Creating conservatorship and power of attorneys

Elder law is about more than just end-of-life planning. Legal professionals with experience in this area can do everything from help you find long-term care solutions to full estate planning. We strive to ensure senior citizens get all the help they need, and this is true regardless of your income level or assets. That's why we offer a free initial evaluation so you can better understand your situation. Aging doesn't always have to be about death. After all, 70 might just be the new 40. Contact us today for any elder law matters you may need assistance with.

How Can New York's Aging Population Protect Assets?

In the previous section, we discussed how it might be possible to protect assets even when you're facing significant costs as you age. An elder law lawyer in NYC can help you identify the various ways of achieving this for your unique situation, but there is one asset protection method that's right for almost anyone. This is the use of trusts. These are legal documents — much like a will — that dictate what will happen to your assets. By creating a trust, you keep the assets within it out of probate following your death. This means there will be no question as to the beneficiary, and you'll also avoid many of the taxes imposed on estates.

However, trusts can protect assets while you're still here as well. That's because they essentially remove assets from your estate. Those who are getting close to the age where long-term care and nursing home costs are a concern typically file for Medicaid and other benefit programs. However, you may not receive government assistance if your assets surpass a certain threshold. By placing assets into a trust, you're removing them from government calculations. This is a chief component of Medicaid planning and can help ensure your savings aren't destroyed due to health care needs or nursing home costs.

However, it's important to speak with an elder law attorney in NYC prior to creating a trust. That's because these legal documents can be complex, and there are various types you could choose from. For instance, an irrevocable trust does not allow modification or cancellation by its creator. However, it provides far more tax benefits than a revocable trust — which can be modified or canceled at any time during the creator's life. What works best in a particular situation will vary by case, so don't hesitate to contact our New York City estate planning lawyers at Marchese & Maynard, LLP today.

Contact an Elder Law Attorney in NYC Today

Whether you're planning what happens after you're gone or doing your best to simplify life while you're here, elder law issues can quickly turn complex. Even the tasks that are relatively simple can become tedious and burdensome once they start to pile up. Fortunately, you don't have to face these difficulties on your own. By speaking with an attorney with extensive experience in elder law matters, you can focus on enjoying life or caring for loved ones while a legal professional handles all the heavy lifting. Besides, who wants to deal with such issues at this point in their lives? Relaxing and spending time with family members seems far preferable.

At Marchese & Maynard, LLP, our legal professionals have experience in everything from Medicaid planning to probate court. We focus on elder law matters that are important to our state's aging population. Whether you're seeking legal services for yourself, your parents, or another aging loved one, we're here to help. We're licensed to practice throughout New York and will assist in any planning needs you may have. Contact us today by calling 516-869-1111 to schedule a free consultation. Our NYC elder law attorneys have been helping senior citizens in the five boroughs for years, and our goal is to continue providing those services for years to come.

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