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 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. Harriette M.
Steinberg, P.C. Attorney & Counselor-at-Law is experienced in representing family
members or friends who wish to protect the well-being of a perceived incapacitated person
in such a way that will be the least intrusive intervention 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. Harriette M. Steinberg, P.C. Attorney & Counselor-at-Law will work to
insure that your estate is administered in an economical matter and in accordance with
your intent.
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 Harriette M. Steinberg, P.C.
Attorney & Counselor-at-Law can fulfill that need.
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