ELDER LAW

The notion of Elder Law generally encompasses the areas of asset protection, adult guardianships, durable powers of attorney, living wills, health care proxies and Medicaid representation.

Given the present state of the economy, it is difficult for many people to continue to reside on Long Island as they begin to age. Those who pre-plan will hopefully have a sufficient amount of assets to be able to enjoy the rest of their lives; however, most do not engage in this type of planning. As a result, these aging individuals are faced with unanticipated costs for which they are not adequately prepared to manage. When this happens, it becomes necessary to engage the services of a professional who is familiar with the intricacies of the law that allow one to protect their assets in order to facilitate asset longevity, and, eventually, to have assets remaining that can be left to their loved ones at the time of their death.

With the advance of science and medical technology, the average life expectancy has significantly increased. As a result, we are finding that many of these people may reach a point in their lives when they are no longer able to manage their financial matters, their personal decisions or both. When this happens, it sometimes becomes necessary for a guardian to be appointed who will make and oversee decisions concerning the personal care and assets of these elderly individuals. An adult guardianship serves that purpose. Attorneys at The Law Offices of Steinberg & Early-Hubelbank PLLC will seek to represent the family member or friend looking to protect the well-being of the perceived incapacitated person in such a way that will be the least intrusive in that person’s life.

Advance Directives: Durable Powers of Attorney, Living Wills and Health Care Proxies

Advance directives are legal documents drawn by individuals regarding their financial affairs and the medical treatment that will take affect when such individual is no longer competent to express their wishes. In this regard, there are often valuable tools that are used as a part of the individuals elder law planning.

• A power of attorney empowers someone else to act on your behalf with respect to your financial matters. By creating a durable power of attorney, the appointment stays in place even after you become physically and/or mentally incapacitated. In the case of aging individuals, it is only through a durable power of attorney that a person you appoint to act on your behalf will be legally empowered if you cannot speak for yourself without said person instituting a guardianship proceeding to have you declared incapacitated. 

• The purpose of a living will is to protect and carry out your wishes regarding your medical care, including the use of life support systems at a time when you cannot make your wishes known. Not only will this enable you to be assured to have your medical decisions made in a way that is consistent with your wishes, your loved ones will be alleviated of the burden of discerning that which they believe you would have wanted to have happen. 

• The health care proxy is a document that bestows upon an individual the right to make a medically-related decision regarding your health for you in the event that you are unable to do so. Should you become either physically and/or mentally disabled and therefore unable to make a decision regarding medical treatment, the proxy eliminates potentially protracted and painful legal action by designating the person that you want to have make decisions for you.

Estate Administration refers to the process that addresses the final stages of your finances. This process includes probate, asset collection, debt payment, and asset distribution as provided by your Will, or under the laws of intestacy should you die without a Will. The Law Offices of Steinberg & Early-Hubelbank PLLC will work to insure that your estate is administered in an economical matter and in accordance with your intent.

Medicaid Representation

Medicaid is a State and Federal program that helps financially-challenged individuals to pay for medical service as either an in-patient or out-patient receiving hospital service, physicians’ services, home health services, nursing home care and some prescription drugs. The Medicaid Program has specific criteria that must be met in order for it to be activated. Knowing how to qualify under the program’s criteria, how to become eligible for the program, and how to navigate the lengthy and often frustrating application process, requires the informed skill of someone who has done it before and who can provide the sound advice in advance of such a need. The lawyers at The Law Offices of Steinberg & Early-Hubelbank PLLC can fulfill that need.