Is It Ever Too Early To Plan?

It is never too early to plan and everybody should have some type of planning put in place. Something catastrophic might happen to anyone at any age, so even having preliminary documents specifically a healthcare proxy, a power of attorney, a living will and even a simple will is all very important. Planning needs to be done regardless of how old or healthy a person is.

An individual could have a stroke, a heart attack or they could be involved in a catastrophic accident, which is something I have seen firsthand in my practice.

The Healthcare Proxy And Power Of Attorney Are Very Important Documents

The power of attorney and the healthcare proxy are very important documents to have in place, because they contain advanced directives in case the person becomes incapacitated; meaning there is a person in a position to make medical decisions on a healthcare proxy and make financial decisions with a power of attorney. Health care proxy, also called a health care surrogate, or durable medical power of attorney is a durable power of attorney specifically designed to cover medical treatment. The person is appointed and given authority to make medical decisions for you in the event you are unable to express your wishes.

If a person becomes incapacitated which means they are alive but lack the legal ability to make decisions regarding their medical care or financial decisions because of a medical or mental defect, and has no advance directives in place, a family member would have to file for guardianship if these documents are not in place when the person became incapacitated.

A family member will have to petition the court and go through a full-blown legal proceeding which is quite expensive, time consuming and involves the court system getting involved in family affairs in order to get the legal authority to act on that incapacitated person’s behalf.

There is no need to go through all of that if the proper advance directives have been put in place. With the use of the power of attorney, financial decisions can be made, whether it has to do with banking or IRA accounts, 401(k)s or real estate transactions.

Any financial issues that need to be addressed can be handled by an agent if the person is incapacitated. Whatever medical decisions have to be made can be done by the person who is appointed as an agent. This is why the advance directives are very important regardless of age.

Obviously, having either a simple will or maybe even a revocable trust is important if, the person happens to pass away in order to deal with their estate.

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Individuals Should Educate Themselves Regarding Elder Law Areas Of Concern

Elder law is actually a very complex field and it is mine-ridden. There is a lot of misinformation out there and as the saying goes, sometimes a little information can cause a lot of damage; meaning that if someone down the street tells an individual something, they may end up thinking they understand or know how their particular situation will go.

It does not hurt to do some research and read about it, but it is not easily digestible or understandable because it is so very complex. So using the research to get educated about the issues is good, so long as it used to cause the individual to actually pick up the phone and call to set up the meeting with my office to get the proper advice. Contacting an elder law attorney is the best you can do to avoid any problems. The early you get in touch with an elder law lawyer in New York, the better it is for you.

The Best Source Of Information Is Talking To An Elder Law Attorney

I recommend for an individual to call me if they have done some research or heard varying accounts from other people on what happened in their circumstance. I am the one who really understands what is going on and how to help. I am a qualified elder law lawyer based in New York, with offices in Manhattan, White Plains, Bronx, Long Island, Staten Island, Brooklyn, and Queens, NY.

Simply relying on whatever information received from those scenarios, whether it was through a social worker, a friend or another family member and then using that as a guide for what could result in the individual’s particular situation is very dangerous.

I come across these situations often and, unfortunately, these people who are giving out the information are not elder law attorneys who know how to protect assets or how the Medicaid laws work. They may act and advice like an elder law lawyer would do, but they are not licensed to provide legal counsel as an elder law attorney in NY would do.

Elder law planning is ultimately a function of the practice of law whereas most people who may be in the health care field, for example social workers or nursing homes, are not the correct people to be listening to in order to protect your assets as they don’t necessarily know how assets protection works. They are not in a position to give legal advice on such issues, and even attorneys who are not well versed in it might not understand how the law works.

The Elder Law Bar should really be an individual’s point of contact and they should be the people to discuss these issues with. It is a good thing that if by talking to these other people it resulted in the individual thinking about these issues and sparking them to call me. However, it would be very dangerous if the person only relied on the information from these other sources as the be-all, end-all and made a decision based on such information.

Make the call today to my office for the correct advice and information.

For more information on Importance Of Planning Early, 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 us. Our offices are located in Staten Island, New York, Brooklyn, Bronx, White Plains, Garden City, Melville, NY.

Get your questions answered - call me for your free phone consultation (718) 475-9639