What Are The Biggest Problems With Elder Law Planning?

People Either Do Not Plan, They Do Not Plan Properly, or They Don’t Plan Early Enough

The two biggest issues or problems in regards to proper elder law planning is that people either fail to plan, fail to properly plan or they fail to plan in a timely manner.

Nowadays, the biggest problem faced by families in regards to planning for a loved one’s future is the fact that for whatever reason, they generally fail to plan properly or in a timely manner. It can be for various reasons. Family members may sometimes feel like this is not something they want to deal with. Which is a dangerous way of looking at things, because it puts at risk a lifetime of savings including your home.

Putting off elder care planning is never a good idea. This is obviously why the biggest problem that people face is actually making the appointment, coming in for the consultation and sitting down and starting the process. Estate planning and elder care planning require the services of an experienced elder law attorney or an experienced estate planning lawyer. We have been helping clients based in New York for well over a decade now. Our elder law attorneys and estate planning lawyers have been serving clients in Manhattan, White Plains, Bronx, Long Island, Staten Island, Brooklyn, and Queens, NY. We have offices located in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY.

You Need To Hire A Specialized Attorney For Elder Law Planning

Additionally, the other big issue involves actually doing the proper planning; meaning they need to get someone who is highly specialized in elder law and Medicaid planning, as opposed to seeing a general lawyer, real estate lawyer or even a lawyer who is just familiar with estate work.

A general type of attorney is not generally competent to handle and or understand Medicaid planning and proper elder law planning for an individual who wants to protect their assets in the event they needed nursing home care and to protect assets from the catastrophic costs associated with it.

A general practice lawyer or even an estate planning practitioner, who is not specialized in the field of elder law and Medicaid planning, will turn out to be a very poor option.

A General Attorney Does Not Know The Right Questions To Ask

In my experience from speaking with clients, I often see cases where a person went to see a general lawyer to do a will who was not specialized in this field, for their elder planning needs. Through that meeting, neither the person themselves nor the lawyer brought up the issue about Medicaid and protecting assets. In the end both parties ended up going their separate ways without these issues ever having being addressed.

If those questions were not brought up at the meeting and if the proper planning was not done, then it would ultimately become a big problem down the road when that person becomes ill. Imagine if that person had become ill and needed to qualify for in-home Medicaid, Nursing Home Medicaid or if they were entering into a nursing home or seeking to get in-home care through the Medicaid program.

The attorney who may have done that will or limited “estate planning” for them would not be the same attorney they would be dealing with later when the issue is now illness and Medicaid and not death. They would ultimately have to deal with an attorney like me because their lawyer did not properly plan and I would then have to try and fix the problems caused by what their prior attorney had not addressed.

Our Firm Can Assist With Getting You Into The Nursing Home

I obviously recommend for my client to go and visit the nursing homes they prefer, and then decide which one they want their family member to be in. Alternatively, if possible, I advise the person who is supposed to be living in that facility to make that decision on their own, because they will be the one in the facility.

Once I am retained, I will be able to take over after the individual chooses a facility. I will obviously be there to advocate for the applicant and protect their assets.

I will handle the planning in order to protect assets, and then handle the Medicaid process, the Medicaid application and deal with all of the necessary paperwork and financial obligations of getting Medicaid to approve them and then, ultimately, getting the nursing home paid. Medicaid planning attorneys like me are well versed with all these issues. They also understand estate planning and elder law, which is why it is advised to contact them.

I will send a letter of representation to the nursing home, explaining that I have been retained to apply for Medicaid and that the individual will be Medicaid pending; which is really what the client needs done as opposed to going into the nursing home and then having the family be miss informed by a financial screener who has no interest in protecting assets but rather is interested in getting you to private pay them.

The family should immediately meet with my firm once a person is on their way into the home, time is of the essence.

For more information on Mistakes To Avoid When Elder Law Planning, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (718) 475-9639 today or visit our offices based in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY.

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