New York Elder Law Attorney
Need a lawyer for an elder law case in New York?
With our extensive knowledge of elder law, tax law and estate planning, the legal team at Korsinsky & Klein, LLP provides clients with excellent legal representation. Individuals, families, and senior citizens can trust our team with their complex estate planning matters or elder law concerns. When you work with Korsinsky & Klein, LLP, each of our highly skilled Brooklyn elder law attorneys will work diligently to ensure that you receive the best possible representation.
Why Do the Elderly Need Protection?
Your elderly friends or loved ones need protection under the law because they are vulnerable. Elder financial abuse is common, but you cannot watch your elderly family members all day. Estate planning is a good way to avoid elder financial abuse, and you can craft a plan that fits your specific situation. We also handle emergency guardianships when you are gravely concerned for an elderly loved one.
Signs of Elder Financial Abuse
Elder financial abuse can happen at any time, and you must do everything in your power to avoid these issues. If you see the signs of elder abuse, you should try to work with your elderly loved ones on an estate plan that will prevent further trouble. If an estate plan is created early on, you can avoid the following issues.
Unpaid bills: An elderly person may not realize the money they gave to a new “friend” is not being used to pay their bills. If you see any late notices or collection letters, you should step in before the problem escalates.
Notices from landlords or mortgage companies: Landlords and/or mortgage companies might not have been paid because your elderly loved one has trusted someone else with that money. The elder could be forced from their home if the problem is not solved quickly. We will help you intercede the situation, and we can provide you guardianship assistance that gives you the power to save your loved one’s home.
Missing property: Some family members or friends might notice that collectibles or valuable property have gone missing.
Bank or credit card statements go to another address: You might discover that your elderly loved one has poor credit, but they have not heard of the credit cards that have been opened in their name. If you look closely, those bills might go to another address. Estate plans and quick thinking will help you lock out any thieves who wish to use an elderly person’s financial information.
Unexplained monetary transactions: You might hear about financial transactions your elderly loved one did not authorize. An estate plan or similar arrangement will prevent abusers from gaining access to bank accounts, investments, or trusts.
New friends: If you are suddenly introduced to new “friends” you have never met before, you must protect your elderly loved ones before something more serious than financial abuse occurs. You can use estate planning and guardianships to stop these new “friends” from taking the elder’s money.
What is Involved in Estate Planning?
Regardless of your age or health, our Brooklyn elder law attorneys will bring value and rich insight to your case. Our firm deals with a wide range of legal and tax law matters related to elder law and estate planning. If you wish to learn more about how we can help you with your Medicaid application or other estate planning needs, read more about our areas of practice listed below:
Giving Our Clients Peace of Mind
Comprehensive approach to strategic planning for you and your family
Planning for your future is essential to protecting yourself if an injury, disease, or accident disables you or a loved one. Disability planning can be made for both long-term and short-term periods so that you have enough coverage during the time that you are disabled. The same is true for elderly loved ones you must care for. If you would like to enroll in a disability plan, our attorneys will walk you through the process to ensure your rights remain protected and your health is preserved.
Establishing & Managing Guardianships
The process of establishing and managing guardianships requires a petition for a court hearing. A guardianship may need to be established if a senior citizen cannot take care of themselves, cannot manage his or her own finances, or is otherwise disabled. The courts will require a hearing to determine the incapacity level of the elderly person and the suitability of the guardian or conservator.
Estate planning is an excellent preventive measure to ensure that your assets, property, and heirs are taken care of according to your wishes after you pass away or become incapacitated. An estate plan consists of several documents, including a last will and testament, power of attorney, health care proxy, and a living trust.
Our attorneys are skilled legal advisors who will help you construct a plan that can spare your loved ones from the confusion and burden of probate. This is also an excellent option for any time that you are incapacitated. Your family can follow the estate plan, which establishes who can manage the estate.
New York laws advocate the protection of the rights of an incapacitated person. The law affords the consideration of a guardian to satisfy the personal or financial needs of a disabled individual. Guardianships can be tailored to satisfy the specific needs of the disabled person, and is necessary if you believe a family member is the subject of financial abuse or manipulation. You may be approached by an elderly family member who would like to you to manage their affairs, or you can arrange for a guardianship if you are incapacitated.
Individuals who are 65 years or older, or who are incapacitated, are not necessarily automatically entitled to receive Medicaid coverage. In order to receive Medicaid benefits, you must first apply for them. The program requires that you fulfill the criteria regarding income and assets. In order to ease the stress associated with application, it is wise to speak with a skilled lawyer who can guide you through the process.
We can help you create a case that will help you get approved, and we can collect information from doctors or mental health professionals to show that you qualify. We also help the adult children of the elderly who are tasked with completing these applications on their own.
Medicaid Fair Hearings
If you applied for Medicaid but were denied coverage, you may need to request a fair hearing. If you have not received approval or denial of your application, or if you disagree with the decision, you have the chance to appeal the decision at a fair hearing. Our legal team will request a fair hearing within the proper statute of limitations.
We will represent you at the fair hearing to ensure your rights or the rights of an elderly loved one are protected. You are not required to bring a lawyer to these hearings, but our attorneys can help expedite the process. We understand how the Medicaid system works, and we know people working in the system who can help.
Although long-term insurance can pay for many health services, there are certain limitations and restrictions based on your income. Medicaid planning can be essential for the future of your family. In most cases, Medicaid planning can directly address the need for long-term financial and health care plans to keep you eligible to receive Medicaid benefits.
We will work with the elderly or their adult children to create an estate plan that does not push them over the income limits for Medicaid.
Brooklyn Elder Law Attorneys at Korsinsky & Klein, LLP Help Clients with Questions Regarding Elder Law.
If you have questions or concerns regarding elder law, do not hesitate to contact the Brooklyn elder law attorneys at Korsinsky & Klein, LLP. Call us today at 212-495-8133 or contact us online for an initial consultation. We encourage you to browse through our website to learn more about the endless possibilities that our firm offers for your future planning needs. We provide legal counsel to clients throughout New York and New Jersey from our offices in Brooklyn, Manhattan, and Lakewood, New Jersey.