The subject of Elder Law includes estate planning, wills and trusts, heath care proxies, living wills, powers of attorney, Medicaid planning, Medicaid trusts, long term care planning, long term health care insurance, nursing home placement and funding, assisted living arrangements, and end of life decision-making directives (including the appointment of an agent to control the disposition of remains).
The Randall Law Firm realizes that these decisions are highly personal, complex and are frequently made at a time of crisis, such as the death of a spouse or the sudden onset of a catastrophic illness. The decisions also have significant financial consequences and involve a myriad of medical, legal, tax and financial issues.
We take the time with our clients to help you prioritize and resolve these issues. Although last minute Medicaid planning can produce significant savings, Medicaid has a “look back” period, so the very best Medicaid plans are those made years in advance.
Everyone’s circumstances are unique, but a typical elder law estate consultation will result in the following documents:
- Last Will and Testament which disposes of property upon death.
- Durable Power of Attorney which allows an agent to sign legal papers for the client, so long as the client is alive, such as banking, real property, litigation, retirement benefits or military benefits, even if the client later becomes disabled or legally incompetent. This document avoids the necessity of costly guardianship proceedings should the principal later become incompetent.
- Please note that New York State has enacted a new Power of Attorney, effective September 1, 2009.
- Health Care Proxy which allows the agent to make medical treatment decisions for the client if the client is unable to communicate with their physician.
- Living Will which declares the client’s intentions concerning end of life directives.
- Trusts which create an entity which holds money or property. The Trust describes who will manage the property (Trustee) and who will receive the property or its income (the Beneficiaries). Depending on a person’s circumstances, a Trust may be used to save taxes, avoid probate, protect assets from Medicaid claims or transfer assets to younger generations.
- Appointment of Agent to Control Disposition of Remains which expresses your wishes with respect to funeral arrangements and addresses issues such as cremation or burial.
We promise to help you resolve your elder law issues in a manner that is most beneficial to you and your family.
The Randall Law Firm can help you in all aspects of Elder Law
including Estate Planning, Wills and Trusts, Estate Administration,
Probate Law – Surrogate’s Court, Health Care Proxies, Living Wills,
Powers of Attorney, Medicaid Planning and Medicaid Trusts.
Please call us at 518-869-1205 or click here to use our contact form.