Who Will Care For You When You Can’t Care For Yourself?
Needing long-term nursing home or in-home care is a real possibility. How will you afford it? Will the cost of it destroy the nest egg you worked so hard to create? What if you or your spouse suffers a serious illness? Who will make medical decisions for you or your spouse if you are too ill to do so?
Whether you are simply preparing for retirement or are retired already, the experienced attorneys at Enea, Scanlan & Sirignano, LLP can assist you with your elder law needs. It is never too early to plan for your future. These questions can be answered with the help of experienced legal counsel.
Elder law questions keeping you up at night?
Call us today: 914-269-2367
What Is Elder Law?
Elder law is a multidisciplinary field that addresses the legal, financial and interpersonal needs of older adults. For many, this may start with creating an estate plan with wills, trusts, powers of attorney and advance directives to manage assets and protect seniors. For aging people who face difficulties in caring for themselves, elder law attorneys can establish guardianships or advocate for alternatives, like powers of attorney or health care proxies, to preserve autonomy whenever possible.
Elder law can also address the health care wishes and needs of older adults. Elder law attorneys can assist individuals and families in planning for long-term care needs, including finding and paying for nursing home care or assisted living facilities. They can also help clients understand options like Medicaid and Medicare, maximize benefits and create strategies to qualify for Medicaid while preserving assets for spouses or heirs.
Elder law attorneys typically work with older adults and their families to navigate these complex legal matters and protect their interests.
Why Is It Important To Work With An Experienced Elder Law Attorney?
If you are either facing or now enjoying retirement, now more than ever you need the help of experienced legal counsel. There are many reasons for this. First, needing long-term nursing home or in-home care is a real possibility. How will you afford it? Or will the cost of this care destroy the nest egg you worked so hard to create?
Another reason is the real possibility of you or your spouse suffering a serious illness. Who makes the medical decisions if the person who is ill cannot?
Do you have the necessary legal documents in place to deal with all of these possibilities? At Enea, Scanlan & Sirignano, LLP, our experienced elder law attorneys can help make sure you have the legal framework and support system you need to care for yourself – and your family – when you’re no longer able to care for yourself.
Enea, Scanlan & Sirignano, LLP: Our Primary Focus Is Elder Law
For decades, our lawyers have been answering our clients’ elder law questions, calming their fears and giving them peace of mind. Our goal is for our clients to live out their later years as happy, healthy and wealthy as possible.
Here are some of the elder law issues our clients have faced and some of our answers:
- Paying for nursing home care: Engage in asset protection planning and Medicaid planning, become eligible for Medicaid Home Care
- Preserving a nest egg: Engage in asset protection planning
- Making medical decisions for patients: Make sure there are advance directives in place such as a durable general power of attorney, health care proxy, living will and HIPAA authorization
- Caring for someone mentally incapacitated: Have the proper legal documentation in your estate plan, commence a guardianships or execute a special needs trusts
When it comes to elder law, there are many more questions and concerns, all as unique as you and your family. Rest assured, however, that we are prepared to help you with a variety of issues relating to elder law and long-term care planning.
Elder Law Is Ever-Changing. Are You Up To Date?
As of 2024, our firm has been advised that New York will not impose a 30-month lookback period for uncompensated gifts of assets designed to establish Medicaid Home Care eligibility – but there is no clarity on what may happen in the future.
In addition, unless the current federal exemptions for estate and gift tax are extended through legislation, they will decrease to about $7 million per person ($25 million for married couples) at the start of 2026. That’s a big difference from the $13.61 million (or $27 million for couples) that is permitted today.
If you have a high-asset estate, the loss of that additional tax-free inheritance can be devastating for your heirs – making it essential to take fast action before the deadline passes.
Finally, there are increasing indications that state governments, including New York, are aggressively asserting Medicaid claims against decedents’ estates when they use the Medicaid Home Care program benefits and die with exempt property solely in their name. Since Medicaid can only enforce its claims against assets that are probated, this news warrants a renewed look at other strategies for avoiding probate.
Call Enea, Scanlan & Sirignano, LLP, For Guidance You Can Trust
To make sure that the elder law legal advice you are getting is up to date, rely upon an experienced elder law attorney at Enea, Scanlan & Sirignano, LLP. From Somers to Yonkers and the surrounding area, to schedule an appointment, please contact us by calling 914-269-2367. Or, if you prefer, you may reach us by completing the online form.
