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ELDER LAW ATTORNEY IN ROCHESTER NY


The legal problems of the elderly are complex, and “elder law” encompasses many different fields of law.

AN ELDER LAW ATTORNEY SHOULD HAVE EXPERIENCE IN THE FOLLOWING AREAS:

  • Estate planning, using traditional Wills or testamentary substitutes such as TOD accounts, beneficiary accounts, and joint ownership.
  • Revocable and irrevocable trusts, including the drafting and funding of trusts.
  • Administration of trusts and estates.
  • Probate avoidance strategies.
  • Disability planning and special needs planning.
  • Life planning documents including enhanced durable powers of attorney, and advance medical directives consisting of both health care proxies and living wills.
  • Guardianship and issues involving the incapacity of family members.
  • Long-term care insurance.
  • Health care insurance, including Medicare.
  • Medicaid programs including Chronic Care, applications for people in the nursing home, Community Medicaid, and traumatic brain injury waivers.
  • Life insurance and annuities.
  • Social Security benefits for retirement.
  • Social Security disability benefits for people with disabilities.
  • IRAs and IRS distribution rolls for individuals, beneficiaries and estates.
  • Basic litigation including the ability to contest a Will or conduct a fair hearing.
  • Surrogate Court proceedings.
  • Veteran’s benefits.
  • Physiology of aging.
  • Elder abuse and fraud issues.
  • Retirement issues including public and private retirement benefits, survivor benefits and pension benefits.
  • Housing issues including senior housing, independent living, assisted living, and nursing homes.
An elder law attorney must have a network of other professionals including geriatric care managers, accountants, financial advisors and care providers.

ELDER LAW FAQ

What does an elder lawyer do?
Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters

How much does an elder care attorney cost?
Most elder law attorneys in our area quote a flat fee for each project, although contested matters such as guardianships can be billed on an hourly basis.

What is the difference between estate planning and elder law?
A traditional estate planner focuses on protecting and distributing assets after death. An elder law attorney takes the planning process a step further and considers substantial life events, such as long term care in a nursing home, special needs planning, and guardianships.

Should I hire an elder law attorney?
If you have questions regarding protecting assets in the event of needing a nursing home, special needs and disability planning, guardianships, Medicaid eligibility, or care for yourself or a loved on in old age, you should consult an elder law attorney.

How do I hide my assets from Medicaid?
You cannot “hide” assets from Medicaid. A competent elder law attorney will assist you in protecting your assets using existing laws and regulations to your advantage.

Are elder care attorneys worth it?
One month in a nursing home can cost between $15,000 - $17,000. Typical fees to protect against this type of catastrophic event are a fraction of the cost of one month in a nursing home.

Can nursing home take all your money?
One month in a nursing home can cost between $15,000 - $17,000. Once your assets are exhausted, you can apply for Medicaid to pay for your car. An elder law attorney can help you qualify for Medicaid well in advance of spending all of your money.

What do elder law attorneys look for?
An elder law attorney looks at your family, your health, your assets, your income, and identifies any risks that might expose your assets, such as the cost of care in a nursing home. Based on the answers to these questions, you may have planning opportunities to protect your assets.

Are elder law attorneys expensive?
One month in a nursing home can cost between $15,000 - $17,000. Typical fees to protect against this type of catastrophic event are a fraction of the cost of one month in a nursing home.

Does putting your home in a trust protect it from Medicaid?
Depending on the law, the type of trust, and when the transfer took place, you may be able to protect your home. This should be performed with a competent elder law attorney.

What questions should you ask an elder law attorney?
An elder law attorney is likely to ask you a series of questions regarding your family, your health, your assets, your income, and identifies any risks that might expose your assets, such as the cost of care in a nursing home. Based on the answers to these questions, you may have planning opportunities to protect your assets.
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RICHARD A. KROLL
ATTORNEY

Richard A. Kroll, Esq. has an active practice in the area of Estate Planning, Trusts, and Probate. He is a member of the...

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CAROLYN A. REARDON
ATTORNEY

Private practice in Rochester, New York with the Kroll Law Firm since 2007, a group practice in Brighton, New York with emphasis on...

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MARCUS W. KROLL
ATTORNEY

Marcus's practice involves estate planning for all families, including LGBT couples, second marriages, and families who have members with...

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